[House Hearing, 117 Congress]
[From the U.S. Government Publishing Office]
PROPOSALS FOR A WATER RESOURCES
DEVELOPMENT ACT OF 2022
=======================================================================
(117-38)
REMOTE HEARINGS
BEFORE THE
SUBCOMMITTEE ON
WATER RESOURCES AND ENVIRONMENT
OF THE
COMMITTEE ON
TRANSPORTATION AND INFRASTRUCTURE
HOUSE OF REPRESENTATIVES
ONE HUNDRED SEVENTEENTH CONGRESS
SECOND SESSION
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WEDNESDAY, JANUARY 12, 2022
TUESDAY, FEBRUARY 8, 2022
WEDNESDAY, MARCH 16, 2022
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Printed for the use of the
Committee on Transportation and Infrastructure
Available online at: https://www.govinfo.gov/committee/house-
transportation?path=/browsecommittee/chamber/house/committee/
transportation
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
__________
U.S. GOVERNMENT PUBLISHING OFFICE
50-336 WASHINGTON : 2023
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COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
PETER A. DeFAZIO, Oregon, Chair
ELEANOR HOLMES NORTON, SAM GRAVES, Missouri
District of Columbia DON YOUNG, Alaska
EDDIE BERNICE JOHNSON, Texas ERIC A. ``RICK'' CRAWFORD,
RICK LARSEN, Washington Arkansas
GRACE F. NAPOLITANO, California BOB GIBBS, Ohio
STEVE COHEN, Tennessee DANIEL WEBSTER, Florida
ALBIO SIRES, New Jersey THOMAS MASSIE, Kentucky
JOHN GARAMENDI, California SCOTT PERRY, Pennsylvania
HENRY C. ``HANK'' JOHNSON, Jr., RODNEY DAVIS, Illinois
Georgia JOHN KATKO, New York
ANDRE CARSON, Indiana BRIAN BABIN, Texas
DINA TITUS, Nevada GARRET GRAVES, Louisiana
SEAN PATRICK MALONEY, New York DAVID ROUZER, North Carolina
JARED HUFFMAN, California MIKE BOST, Illinois
JULIA BROWNLEY, California RANDY K. WEBER, Sr., Texas
FREDERICA S. WILSON, Florida DOUG LaMALFA, California
DONALD M. PAYNE, Jr., New Jersey BRUCE WESTERMAN, Arkansas
ALAN S. LOWENTHAL, California BRIAN J. MAST, Florida
MARK DeSAULNIER, California MIKE GALLAGHER, Wisconsin
STEPHEN F. LYNCH, Massachusetts BRIAN K. FITZPATRICK, Pennsylvania
SALUD O. CARBAJAL, California JENNIFFER GONZALEZ-COLON,
ANTHONY G. BROWN, Maryland Puerto Rico
TOM MALINOWSKI, New Jersey TROY BALDERSON, Ohio
GREG STANTON, Arizona PETE STAUBER, Minnesota
COLIN Z. ALLRED, Texas TIM BURCHETT, Tennessee
SHARICE DAVIDS, Kansas, Vice Chair DUSTY JOHNSON, South Dakota
JESUS G. ``CHUY'' GARCIA, Illinois JEFFERSON VAN DREW, New Jersey
ANTONIO DELGADO, New York MICHAEL GUEST, Mississippi
CHRIS PAPPAS, New Hampshire TROY E. NEHLS, Texas
CONOR LAMB, Pennsylvania NANCY MACE, South Carolina
SETH MOULTON, Massachusetts NICOLE MALLIOTAKIS, New York
JAKE AUCHINCLOSS, Massachusetts BETH VAN DUYNE, Texas
CAROLYN BOURDEAUX, Georgia CARLOS A. GIMENEZ, Florida
KAIALI`I KAHELE, Hawaii MICHELLE STEEL, California
MARILYN STRICKLAND, Washington
NIKEMA WILLIAMS, Georgia
MARIE NEWMAN, Illinois
TROY A. CARTER, Louisiana
Subcommittee on Water Resources and Environment
GRACE F. NAPOLITANO, California, Chair
JARED HUFFMAN, California DAVID ROUZER, North Carolina
EDDIE BERNICE JOHNSON, Texas DANIEL WEBSTER, Florida
JOHN GARAMENDI, California JOHN KATKO, New York
ALAN S. LOWENTHAL, California BRIAN BABIN, Texas
TOM MALINOWSKI, New Jersey GARRET GRAVES, Louisiana
ANTONIO DELGADO, New York MIKE BOST, Illinois
CHRIS PAPPAS, New Hampshire RANDY K. WEBER, Sr., Texas
CAROLYN BOURDEAUX, Georgia, DOUG LaMALFA, California
Vice Chair BRUCE WESTERMAN, Arkansas
FREDERICA S. WILSON, Florida BRIAN J. MAST, Florida
SALUD O. CARBAJAL, California JENNIFFER GONZALEZ-COLON,
GREG STANTON, Arizona Puerto Rico
ELEANOR HOLMES NORTON, NANCY MACE, South Carolina
District of Columbia SAM GRAVES, Missouri (Ex Officio)
STEVE COHEN, Tennessee
PETER A. DeFAZIO, Oregon (Ex
Officio)
CONTENTS
Page
Hearing held on Wednesday, January 12, 2022, ``Proposals for a
Water Resources Development Act of 2022: Administration
Priorities''................................................... 1
Summary of Subject Matter........................................ 2
STATEMENTS OF MEMBERS OF THE COMMITTEE
Hon. Grace F. Napolitano, a Representative in Congress from the
State of California, and Chair, Subcommittee on Water Resources
and Environment, opening statement............................. 7
Prepared statement........................................... 8
Hon. David Rouzer, a Representative in Congress from the State of
North Carolina, and Ranking Member, Subcommittee on Water
Resources and Environment, opening statement................... 9
Prepared statement........................................... 10
Hon. Peter A. DeFazio, a Representative in Congress from the
State of Oregon, and Chair, Committee on Transportation and
Infrastructure, opening statement.............................. 11
Prepared statement........................................... 12
Hon. Jefferson Van Drew, a Representative in Congress from the
State of New Jersey, prepared statement submitted for the
record by Hon. David Rouzer.................................... 67
Hon. Sam Graves, a Representative in Congress from the State of
Missouri, and Ranking Member, Committee on Transportation and
Infrastructure, prepared statement............................. 69
WITNESSES
Hon. Michael L. Connor, Assistant Secretary of the Army for Civil
Works, Department of the Army, oral statement.................. 13
Prepared statement........................................... 15
Lieutenant General Scott A. Spellmon, Chief of Engineers and
Commanding General, U.S. Army Corps of Engineers, oral
statement...................................................... 17
Prepared statement........................................... 19
SUBMISSIONS FOR THE RECORD
Submissions for the Record by Hon. Brian J. Mast:
Letter of June 2, 2021, from Jaime A. Pinkham, Acting
Assistant Secretary of the Army for Civil Works, Department
of the Army................................................ 43
Letter of August 18, 2021, from Radhika Fox, Assistant
Administrator, Office of Water, Environmental Protection
Agency..................................................... 44
Prepared Statement of the National Association of Flood and
Stormwater Management Agencies, Submitted for the Record by
Hon. Sam Graves of Missouri.................................... 70
APPENDIX
Questions to both Hon. Michael L. Connor, Assistant Secretary of
the Army for Civil Works, Department of the Army, and
Lieutenant General Scott A. Spellmon, Chief of Engineers and
Commanding General, U.S. Army Corps of Engineers, from:
Hon. David Rouzer............................................ 75
Hon. Brian Babin............................................. 76
Hon. Jenniffer Gonzalez-Colon................................ 76
Hon. Frederica S. Wilson..................................... 77
Hon. Garret Graves of Louisiana.............................. 78
Hon. David Rouzer on behalf of Hon. Michelle Steel........... 80
Questions to Hon. Michael L. Connor, Assistant Secretary of the
Army for Civil Works, Department of the Army, from:
Hon. David Rouzer............................................ 81
Hon. David Rouzer on behalf of Hon. Jefferson Van Drew....... 83
Hon. John Garamendi.......................................... 83
Hon. Garret Graves of Louisiana.............................. 83
Hon. Michael Guest........................................... 85
Questions to Lieutenant General Scott A. Spellmon, Chief of
Engineers and Commanding General, U.S. Army Corps of Engineers,
from:
Hon. John Garamendi.......................................... 85
Hon. Jared Huffman........................................... 86
Hon. Michael Guest........................................... 87
Hon. Garret Graves of Louisiana.............................. 87
Hon. David Rouzer on behalf of Hon. Tim Burchett............. 88
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Hearing held on Tuesday, February 8, 2022, ``Proposals for a
Water Resources Development Act of 2022: Stakeholder
Priorities''................................................... 89
Summary of Subject Matter........................................ 90
STATEMENTS OF MEMBERS OF THE COMMITTEE
Hon. Grace F. Napolitano, a Representative in Congress from the
State of California, and Chair, Subcommittee on Water Resources
and Environment, opening statement............................. 95
Prepared statement........................................... 97
Hon. David Rouzer, a Representative in Congress from the State of
North Carolina, and Ranking Member, Subcommittee on Water
Resources and Environment, opening statement................... 98
Prepared statement........................................... 101
Hon. Peter A. DeFazio, a Representative in Congress from the
State of Oregon, and Chair, Committee on Transportation and
Infrastructure, opening statement.............................. 102
Prepared statement........................................... 102
Hon. Sam Graves, a Representative in Congress from the State of
Missouri, and Ranking Member, Committee on Transportation and
Infrastructure, prepared statement............................. 181
WITNESSES
Hon. Wade Crowfoot, Secretary, California Natural Resources
Agency, oral statement......................................... 114
Prepared statement........................................... 116
Hon. Peter Yucupicio, Chairman, Pascua Yaqui Tribe of Arizona,
oral statement................................................. 118
Prepared statement........................................... 120
Hon. Michel Bechtel, Mayor, Morgan's Point, Texas, and Board
President, Gulf Coast Protection District, oral statement...... 123
Prepared statement........................................... 125
Hon. Darrell G. Seki, Sr., Chairman, Red Lake Band of Chippewa
Indians, Minnesota, oral statement............................. 127
Prepared statement........................................... 128
Mario Cordero, Executive Director, Port of Long Beach,
California, and Chairman, Board of Directors, American
Association of Port Authorities, oral statement................ 132
Prepared statement........................................... 134
Jim Middaugh, Executive Director, Multnomah County Drainage
District, Portland, Oregon, oral statement..................... 137
Prepared statement........................................... 139
Julie Hill-Gabriel, Vice President for Water Conservation and
Acting Vice President for Coastal Conservation, National
Audubon Society, oral statement................................ 141
Prepared statement........................................... 142
SUBMISSIONS FOR THE RECORD
Letter of November 29, 2021, from Farmers and Agricultural
Businesses Supporting the Preservation of the Integrity of the
Columbia-Snake River System, Submitted for the Record by Hon.
David Rouzer................................................... 99
Submissions for the Record by Hon. Grace F. Napolitano:
Letter of February 7, 2022, from Chad Lord, Senior Director,
Environment and Climate Policy, National Parks Conservation
Association................................................ 104
Statement of the American Society of Civil Engineers......... 106
Statement of Eileen Shader, Director, River Restoration,
American Rivers............................................ 110
Post-Hearing Supplement From Witness Hon. Darrell G. Seki,
Sr. to His Remarks to Hon. Dusty Johnson, Hon. Jared
Huffman, and Hon. Grace F. Napolitano, and to His Prepared
Statement.................................................. 182
Letter of February 8, 2022, from the American Chemistry Council
et al., Submitted for the Record by Hon. Brian Babin........... 157
Statement of the Standing Rock Sioux Tribe, Submitted for the
Record by Hon. Dusty Johnson of South Dakota................... 167
APPENDIX
Question from Hon. John Katko to Hon. Wade Crowfoot, Secretary,
California Natural Resources Agency............................ 185
Questions from Hon. Eddie Bernice Johnson to Hon. Michel Bechtel,
Mayor, Morgan's Point, Texas, and Board President, Gulf Coast
Protection District............................................ 185
Questions from Hon. Eddie Bernice Johnson to Mario Cordero,
Executive Director, Port of Long Beach, California, and
Chairman, Board of Directors, American Association of Port
Authorities.................................................... 187
Questions to Julie Hill-Gabriel, Vice President for Water
Conservation and Acting Vice President for Coastal
Conservation, National Audubon Society, from:
Hon. Steve Cohen............................................. 187
Hon. Eddie Bernice Johnson................................... 188
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Hearing held on Wednesday, March 16, 2022, ``Proposals for a
Water Resources Development Act of 2022: Members' Day Hearing'' 191
Summary of Subject Matter........................................ 192
STATEMENTS OF MEMBERS OF THE COMMITTEE
Hon. Grace F. Napolitano, a Representative in Congress from the
State of California, and Chair, Subcommittee on Water Resources
and Environment, opening statement............................. 193
Prepared statement........................................... 193
Hon. David Rouzer, a Representative in Congress from the State of
North Carolina, and Ranking Member, Subcommittee on Water
Resources and Environment, opening statement................... 194
Prepared statement........................................... 194
Hon. Peter A. DeFazio, a Representative in Congress from the
State of Oregon, and Chair, Committee on Transportation and
Infrastructure, opening statement.............................. 195
Prepared statement........................................... 196
Hon. Sam Graves, a Representative in Congress from the State of
Missouri, and Ranking Member, Committee on Transportation and
Infrastructure, prepared statement............................. 289
Hon. Eddie Bernice Johnson, a Representative in Congress from the
State of Texas, prepared statement............................. 300
MEMBER TESTIMONY
Hon. Lizzie Fletcher, a Representative in Congress from the State
of Texas, oral statement....................................... 197
Prepared statement........................................... 199
Hon. Robert J. Wittman, a Representative in Congress from the
Commonwealth of Virginia, oral statement....................... 200
Prepared statement........................................... 202
Hon. Sylvia R. Garcia, a Representative in Congress from the
State of Texas, oral statement................................. 203
Prepared statement........................................... 204
Hon. Katie Porter, a Representative in Congress from the State of
California, oral statement..................................... 205
Prepared statement........................................... 206
Hon. Rashida Tlaib, a Representative in Congress from the State
of Michigan, oral statement.................................... 208
Prepared statement........................................... 209
Hon. Rick W. Allen, a Representative in Congress from the State
of Georgia, oral statement..................................... 210
Prepared statement........................................... 211
Hon. Darren Soto, a Representative in Congress from the State of
Florida, oral statement........................................ 212
Prepared statement........................................... 213
Hon. Brian Higgins, a Representative in Congress from the State
of New York, oral statement.................................... 214
Prepared statement........................................... 215
Hon. Josh Gottheimer, a Representative in Congress from the State
of New Jersey, oral statement.................................. 216
Prepared statement........................................... 218
Hon. Jim Costa, a Representative in Congress from the State of
California, oral statement..................................... 219
Prepared statement........................................... 221
Hon. Mary E. Miller, a Representative in Congress from the State
of Illinois, oral statement.................................... 222
Prepared statement........................................... 223
Hon. Darrell Issa, a Representative in Congress from the State of
California, oral statement..................................... 223
Prepared statement........................................... 225
Hon. Debbie Wasserman Schultz, a Representative in Congress from
the State of Florida, oral statement........................... 225
Prepared statement........................................... 227
Hon. Dan Newhouse, a Representative in Congress from the State of
Washington, oral statement..................................... 228
Prepared statement........................................... 230
Hon. Kurt Schrader, a Representative in Congress from the State
of Oregon, oral statement...................................... 236
Prepared statement........................................... 237
Hon. Paul Tonko, a Representative in Congress from the State of
New York, oral statement....................................... 238
Prepared statement........................................... 239
Hon. Earl L. ``Buddy'' Carter, a Representative in Congress from
the State of Georgia, oral statement........................... 241
Prepared statement........................................... 242
Hon. Kim Schrier, a Representative in Congress from the State of
Washington, oral statement \\.......................... 244
Hon. Lori Trahan, a Representative in Congress from the
Commonwealth of Massachusetts, oral statement.................. 245
Prepared statement........................................... 246
Hon. Lisa Blunt Rochester, a Representative in Congress from the
State of Delaware, oral statement.............................. 247
Prepared statement........................................... 249
Hon. Grace Meng, a Representative in Congress from the State of
New York, oral statement....................................... 250
Prepared statement........................................... 251
Hon. Frank J. Mrvan, a Representative in Congress from the State
of Indiana, oral statement..................................... 252
Prepared statement........................................... 253
Hon. Bill Foster, a Representative in Congress from the State of
Illinois, oral statement....................................... 254
Prepared statement........................................... 255
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\\ Hon. Kim Schrier did not submit a prepared statement.
Hon. Tracey Mann, a Representative in Congress from the State of
Kansas, oral statement......................................... 256
Prepared statement........................................... 257
Hon. Sanford D. Bishop, Jr., a Representative in Congress from
the State of Georgia, oral statement........................... 258
Prepared statement........................................... 259
Hon. Earl Blumenauer, a Representative in Congress from the State
of Oregon, oral statement...................................... 260
Prepared statement........................................... 262
Hon. Elaine G. Luria, a Representative in Congress from the
Commonwealth of Virginia, oral statement....................... 263
Prepared statement........................................... 265
Hon. Pete Sessions, a Representative in Congress from the State
of Texas, oral statement....................................... 266
Prepared statement........................................... 267
Hon. Melanie A. Stansbury, a Representative in Congress from the
State of New Mexico, oral statement............................ 269
Prepared statement........................................... 270
Hon. David J. Trone, a Representative in Congress from the State
of Maryland, oral statement.................................... 273
Prepared statement........................................... 274
Hon. J. Luis Correa, a Representative in Congress from the State
of California, oral statement.................................. 275
Prepared statement........................................... 276
Hon. Susie Lee, a Representative in Congress from the State of
Nevada, oral statement......................................... 276
Prepared statement........................................... 277
Hon. Stacey E. Plaskett, a Delegate in Congress from the Virgin
Islands, oral statement........................................ 278
Prepared statement........................................... 279
Hon. David G. Valadao, a Representative in Congress from the
State of California, oral statement............................ 281
Prepared statement........................................... 283
Hon. Ed Case, a Representative in Congress from the State of
Hawaii, oral statement......................................... 284
Prepared statement........................................... 285
SUBMISSIONS FOR THE RECORD
Letter of March 8, 2022, from Hon. Sam Graves, Ranking Member,
Committee on Transportation and Infrastructure et al. to Hon.
Michael S. Regan, Administrator, U.S. Environmental Protection
Agency, and Hon. Michael L. Connor, Assistant Secretary of the
Army for Civil Works, U.S. Department of the Army, Submitted
for the Record by Hon. Dan Newhouse............................ 231
Letter of March 16, 2022, from Hon. Pete Sessions to Hon. Grace
F. Napolitano, Chair, and Hon. David Rouzer, Ranking Member,
Subcommittee on Water Resources and Environment, Submitted for
the Record by Hon. Pete Sessions............................... 268
Letter of March 7, 2022, from Hon. Alexandria Ocasio-Cortez, a
Representative in Congress from the State of New York, to
Colonel Matthew W. Luzzatto, Commander and District Engineer,
U.S. Army Corps of Engineers, Submitted for the Record by Hon.
Alexandria Ocasio-Cortez....................................... 305
Prepared statements from the following Members of Congress:
Hon. Pete Aguilar, a Representative in Congress from the
State of California........................................ 289
Hon. Nanette Diaz Barragan, a Representative in Congress from
the State of California.................................... 290
Hon. Kathy Castor, a Representative in Congress from the
State of Florida........................................... 291
Hon. Diana DeGette, a Representative in Congress from the
State of Colorado.......................................... 293
Hon. Rosa L. DeLauro, a Representative in Congress from the
State of Connecticut....................................... 294
Hon. Suzan K. DelBene, a Representative in Congress from the
State of Washington........................................ 296
Hon. Veronica Escobar, a Representative in Congress from the
State of Texas............................................. 296
Hon. Russ Fulcher, a Representative in Congress from the
State of Idaho............................................. 297
Hon. Andrew R. Garbarino, a Representative in Congress from
the State of New York...................................... 298
Hon. Raul M. Grijalva, a Representative in Congress from the
State of Arizona........................................... 298
Hon. Josh Harder, a Representative in Congress from the State
of California.............................................. 299
Hon. Mondaire Jones, a Representative in Congress from the
State of New York.......................................... 300
Hon. Marcy Kaptur, a Representative in Congress from the
State of Ohio.............................................. 301
Hon. Brenda L. Lawrence, a Representative in Congress from
the State of Michigan...................................... 302
Hon. Doris O. Matsui, a Representative in Congress from the
State of California........................................ 303
Hon. James P. McGovern, a Representative in Congress from the
Commonwealth of Massachusetts.............................. 303
Hon. Tom O'Halleran, a Representative in Congress from the
State of Arizona........................................... 307
Hon. Cathy McMorris Rodgers, a Representative in Congress
from the State of Washington............................... 308
Hon. Harold Rogers, a Representative in Congress from the
Commonwealth of Kentucky................................... 310
Hon. Bobby L. Rush, a Representative in Congress from the
State of Illinois.......................................... 311
Hon. Bradley Scott Schneider, a Representative in Congress
from the State of Illinois................................. 312
Hon. Robert C. ``Bobby'' Scott, a Representative in Congress
from the Commonwealth of Virginia.......................... 312
Hon. Mikie Sherrill, a Representative in Congress from the
State of New Jersey........................................ 313
Hon. Nydia M. Velazquez, a Representative in Congress from
the State of New York...................................... 314
PROPOSALS FOR A WATER RESOURCES DEVELOPMENT ACT OF 2022: ADMINISTRATION
PRIORITIES
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WEDNESDAY, JANUARY 12, 2022
House of Representatives,
Subcommittee on Water Resources and Environment,
Committee on Transportation and Infrastructure,
Washington, DC.
The subcommittee met, pursuant to call, at 10 a.m. in room
2167 Rayburn House Office Building and via Zoom, Hon. Grace F.
Napolitano (Chair of the subcommittee) presiding.
Members present in person: Mr. Rouzer, Dr. Babin, Mr.
Graves of Louisiana, Mr. Bost, Mr. Westerman, Mr. Mast, and Mr.
Guest.
Members present remotely: Mrs. Napolitano, Mr. DeFazio, Mr.
Huffman, Ms. Johnson of Texas, Mr. Garamendi, Mr. Lowenthal,
Mr. Malinowski, Mr. Delgado, Ms. Bourdeaux, Ms. Wilson of
Florida, Mr. Carbajal, Mr. Stanton, Ms. Norton, Mr. Cohen, Mr.
Katko, Mr. Weber of Texas, Mr. LaMalfa, and Miss Gonzalez-
Colon.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
January 7, 2022
SUMMARY OF SUBJECT MATTER
TO: Members, Subcommittee on Water Resources and Environment
FROM: Staff, Subcommittee on Water Resources and Environment
RE: Subcommittee Hearing on ``Proposals for a Water Resources
Development Act of 2022: Administration Priorities''
_______________________________________________________________________
PURPOSE
The Subcommittee on Water Resources and Environment will meet on
Wednesday, January 12, 2022, at 10:00 a.m. in 2167 Rayburn House Office
Building and by video conferencing via Zoom to receive testimony from
the U.S. Army Corps of Engineers (Corps) on the administration's
priorities for a new water resources development act (or WRDA) for
2022. This hearing is also intended to provide Members with an
opportunity to review the 2021 Report to Congress on Future Water
Resources Development and several reports of the Chief of Engineers on
individual water resources projects that have been submitted to
Congress for authorization.\1\ These reports and administration
priorities will inform the committee in its development of a new WRDA,
which the committee expects to develop and approve in 2022.
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\1\ The Report to Congress on Future Water Resources Development
was authorized by section 7001 of the Water Resources Reform and
Development Act of 2014 (P.L. 113-121). This Report, as well as the
pending Reports of the Chief of Engineers (hereinafter Chief's Reports)
are publicly available at https://transportation.house.gov/water-
resources-development-act-of-2022/reports.
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BACKGROUND
The Corps is the federal government's largest water resources
development and management agency. The Corps began its water resources
program in 1824 when Congress, for the first time, appropriated funds
for improving river navigation. Since then, the Corps' primary missions
have expanded to address river and coastal navigation, reduction of
flood damage risks along rivers, lakes, and the coastlines, and
environmental restoration and protection.\2\
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\2\ https://www.swl.usace.army.mil/Missions/Planning/
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Along with these missions, the Corps provides water supply and
storage opportunities to cities, agriculture and industry, aids in the
production of hydropower, assists in national emergencies, and manages
a recreation program. Today, the Corps is comprised of 38 district
offices within eight divisions; operates more than 700 dams; has
constructed 14,600 miles of levees; and maintains more than 1,000
coastal, Great Lakes, and inland harbors, as well as 12,000 miles of
inland waterways.\3\ To achieve its civil works mission, the Corps
plans, designs, and constructs water resources development projects,
typically in partnership with, and using the financial support of, non-
federal interests (project sponsors). The Corps planning process seeks
to balance economic development and environmental considerations as it
addresses national, regional, and local water resources challenges.\4\
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\3\ Congressional Research Service (CRS), U.S. Army Corps of
Engineers Civil Works: Primer and Resources. (2021). https://
crsreports.congress.gov/product/pdf/IN/IN11810.
\4\ Congressional Research Service (CRS), Army Corps of Engineers:
Water Resource Authorization and Project Delivery Processes (2019).
https://crsreports.congress.gov/product/pdf/R/R45185.
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INITIATING A WATER RESOURCES DEVELOPMENT PROJECT
The first step in a Corps project is to study the
feasibility of the project. This can be done in two ways. One,
if the Corps has previously conducted a study in the area of
the proposed project, the new study can be authorized by a
resolution of either the House Committee on Transportation and
Infrastructure or the Senate Committee on Environment and
Public Works (pursuant to 33 U.S.C. 542). Two, if the area has
not been previously studied by the Corps, then an act of
Congress is necessary to authorize the study--usually through a
WRDA bill.
Typically, the Corps enters into a cost-sharing agreement
with a non-federal project sponsor to initiate the feasibility
study process. The cost of a feasibility study is usually split
evenly between the federal government (subject to
appropriations) and the non-federal project sponsor.\5\
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\5\ Section 118 of WRDA 2020 authorized a pilot program for the
formulation of certain flood risk management and coastal storm risk
management project studies in rural and economically disadvantaged
communities at Federal expense. Funding to carry out this authority was
included in the Infrastructure Investment and Jobs Act (Pub. L. 117-
58).
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Since February 2012, the Corps' feasibility studies have
been guided by the ``3x3x3 rule,'' which states that
feasibility reports should, generally, be produced in no more
than three years; with a cost not more than $3 million; and
involve all three levels of Corps review--district, division,
and headquarters--throughout the study process.\6\ \7\
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\6\ https://planning.erdc.dren.mil/toolbox/library/MemosandLetters/
USACE_CW_Feasibility
StudyProgramExecutionDelivery.pdf.
\7\ The 3x3x3 process was codified in section 1001 of the Water
Resources Reform and Development Act of 2014.
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During the feasibility study phase, the Corps' district
office prepares a draft study report containing a detailed
analysis on the economic costs and benefits of carrying out the
project and identifies any associated environmental, social, or
cultural impacts. The feasibility study typically describes
with reasonable certainty the economic, social, and
environmental benefits and detriments of each project
alternatives being considered, and identifies the engineering
features, public acceptability, and the purposes, scope, and
scale of each. The feasibility study also includes an analysis
of any associated environmental effects of the project and a
proposed mitigation plan. It also contains the views of other
federal and non-federal agencies on project alternatives, a
description of non-structural alternatives to the recommended
plans, and a description of the anticipated federal and non-
federal participation in the project. In addition, pursuant to
section 116(b) of the Water Resources Development Act of 2020
(WRDA 2020; 33 U.S.C. 2282 note), each feasibility study for a
flood risk management or hurricane and storm damage reduction
project is required to include a summary of any natural or
nature-based feature alternative evaluated for the project that
describes the long-term costs and benefits of the alternative
and whether such alternative was utilized in the final
recommended project.\8\
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\8\ Division AA of the Consolidated Appropriations Act of 2021
(P.L. 116-260).
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After a full feasibility study is completed, the results
and recommendations of the study are submitted to Congress in
the form of a Report of the U. S. Army Corps of Engineers Chief
of Engineers (more commonly referred to as a Chief's
Report).\9\ If the results and recommendations on the proposed
project are favorable, then the subsequent step is
congressional authorization for construction of the project,
which is typically performed in a WRDA bill.
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\9\ See https://planning.erdc.dren.mil/toolbox/library.cfm.
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UTILIZING THE SECTION 7001 ANNUAL REPORT
The Water Resources Reform and Development Act of 2014
established an additional mechanism for Corps projects and
studies to be communicated to Congress for potential
authorization.\10\ Section 7001 of this legislation requires
the Secretary of the Army to annually publish a notice in the
Federal Register soliciting proposals from non-federal project
sponsors for new project authorizations, new feasibility
studies, and modifications to existing Corps projects. Further,
it requires the Secretary to submit to Congress and make
publicly available a Report to Congress on Future Water
Resources Development (7001 Report) of those activities that
are related to the missions of the Corps and require specific
authorization by law. The 7001 Report includes information
about each proposal, such as benefits, the non-federal project
sponsors, and cost share information.
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\10\ Water Resources Reform and Development Act of 2014 (P.L. 113-
121)
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GUIDING THE CORPS
The Corps is subject to all relevant federal statutes,
including the National Environmental Policy Act (NEPA), the
Clean Water Act, the Endangered Species Act, the Fish and
Wildlife Coordination Act, and prior authorization bills for
the Corps (e.g., previous WRDAs, flood control acts, and rivers
and harbors acts). These laws and associated regulations and
guidance provide the legal basis for the Corps planning
process.
For instance, when carrying out a feasibility study, NEPA
requires the Corps to include: an identification of significant
environmental resources likely to be impacted by the proposed
project; an assessment of the project impacts; a full
disclosure of the likely impacts; and a consideration of the
full range of alternatives, including a ``No Action
Alternative.'' \11\ Importantly, NEPA also requires a 30- to
45-day public review of any final document produced by the
Corps.\12\ Additionally, when carrying out a feasibility study,
section 401 the Clean Water Act requires an evaluation of the
potential impacts of the proposed project or action and
requires a letter from a state agency certifying the proposed
project or action complies with state water quality standards.
---------------------------------------------------------------------------
\11\ See https://www.ecfr.gov/current/title-40/chapter-V
\12\ See id.
---------------------------------------------------------------------------
When formulating and evaluating water resources development
project alternatives, the Corps utilizes the Economic and
Environmental Principles and Guidelines for Water and Related
Land Resources Implementation Studies, developed in 1983, more
commonly known as the Principles and Guidelines (or P&G).
However, in response to stakeholder concern about the Corps'
over-reliance on national economic benefits as a required
decision metric, in WRDA 2007, Congress established a new,
national policy ``that all water resources projects should
reflect national priorities, encourage economic development,
and protect the environment by--(1) seeking to maximize
sustainable economic development; (2) seeking to avoid the
unwise use of floodplains and flood-prone areas and minimizing
adverse impacts and vulnerabilities in any case in which a
floodplain or flood-prone area must be used; and (3) protecting
and restoring the functions of natural systems and mitigating
any unavoidable damage to natural systems.'' \13\ Section 2031
of WRDA 2007 directed the Corps to update the P&G in accordance
with this policy.
---------------------------------------------------------------------------
\13\ Pub. L. 110-114, Section 2031; see also Policy Directive--
Comprehensive Documentation of Benefits in Decision Document, dated
January 5, 2021.
---------------------------------------------------------------------------
In 2013, the Obama administration established a framework
to revise the P&G in accordance with the requirements of WRDA
2007.\14\ This revised framework, now called the updated
Principles, Requirements and Guidelines for Water and Land
Related Resources Implementation Studies (or PR&G), is intended
to ensure proper and consistent planning by all federal
agencies engaged in water resources development projects and
related activities, and ensure such projects maximize
sustainable development, protect and restore the functions of
natural systems, and affordably address the needs of
economically disadvantaged communities.\15\
---------------------------------------------------------------------------
\14\ https://obamawhitehouse.archives.gov/administration/eop/ceq/
initiatives/PandG
\15\ https://planning.erdc.dren.mil/toolbox/
guidance.cfm?Id=269&Option=Principles%20and
%20Guidelines
---------------------------------------------------------------------------
The Corps has yet to formally adopt implementation guidance
for the PR&G, as required by WRDA 2007. Accordingly, section
110 of WRDA 2020 directed the Corps to issue final agency
procedures for implementation of the PR&G and required the
Corps to review and, as necessary, update the PR&G every five
years.
In addition, the Corps has issued two memorandums (January
5, 2021 and March 6, 2021) that direct the Corps to examine
potential benefits beyond the national economic development
benefits for future Corps projects, including regional and
societal benefits.\16\ These policy memorandums direct the
Corps to include in the final array of alternatives an option
that maximizes all project benefits, an option for flood risk
reduction projects that utilizes a non-structural approach, and
a locally-preferred plan, if requested by the non-federal
project sponsor.\17\ However, any additional costs for
implementing a locally-preferred plan are traditionally picked
up by the non-federal project sponsor.\18\
---------------------------------------------------------------------------
\16\ See Policy Directive--Comprehensive Documentation of Benefits
in Decision Document, dated January 5, 2021; and Director of Civil
Works Memorandum--Comprehensive Documentation of Benefits in Decision
Documents, dated March 6, 2021.
\17\ See id.
\18\ See e.g., section 1036 of WRRDA 2014; 33 U.S.C. 701b-15.
---------------------------------------------------------------------------
OUTLOOK FOR A WRDA 2022
ANNUAL 7001 REPORTS:
In recent years, the committee has utilized the 7001 Report
as a guide to describe studies, projects, and modifications
supported by non-federal project sponsors for inclusion in the
development of a new WRDA bill. The 7001 Report for calendar
year 2021 was submitted to Congress in November 2021, and the
7001 Report for calendar year 2022 is expected in February
2022. A list of all existing 7001 Reports is available at
https://transportation.house.gov/water-resources-development-
act-of-2022/reports.
PENDING CHIEF'S REPORTS:
Since enactment of WRDA 2020, the committee has received 14
additional Chief's Reports for potential projects in:
Fairfield/New Haven, Connecticut (coastal storm risk
management); Elim, Alaska (navigation); Prado Basin, San
Bernardino, Riverside and Orange Counties, California
(ecosystem restoration); Lower Cache Creek, Yolo County,
California (flood risk management); Portland, Oregon (flood
risk management); Coastal Texas (coastal storm risk
management); San Juan, Puerto Rico (coastal storm risk
management); Monroe County, Florida (coastal storm risk
management); Okaloosa County, Florida (coastal storm risk
management); Selma, Alabama (flood risk management); Port of
Long Beach, Los Angeles County, California (navigation); Folly
Beach, South Carolina (coastal storm risk management); Pinellas
County, Florida (coastal storm risk management); and Valley
Creek, Bessemer and Birmingham, Alabama (flood risk
management).\19\
---------------------------------------------------------------------------
\19\ See id.
---------------------------------------------------------------------------
PENDING DIRECTOR'S REPORTS:
Director's Reports, also known as Post-Authorization Change
Reports (PACR), document necessary changes to previously
authorized water resources development projects, such as a
change in project purpose or a significant change in the total
cost of the project. Since enactment of WRDA 2020, the
committee has received one PACR for the Washington, DC, Flood
Risk Management project.\20\
---------------------------------------------------------------------------
\20\ See id.
---------------------------------------------------------------------------
ADDITIONAL CORPS AUTHORITIES:
Congress has granted the Corps programmatic authorities--
Continuing Authorities Programs (CAPs)--that enable the Corps
to undertake small-scale projects with limited scope and cost
without requiring project-specific congressional authorization.
These projects are usually still cost-shared with a non-federal
project sponsor. There are currently 9 CAP categories:
streambank erosion and shoreline protection (section 14 of the
Flood Control Act of 1946 (33 U.S.C. 701r)); beach erosion
control (section 3 of the Act of August 13, 1946; (33 U.S.C.
426g)); navigation improvement (section 107 of the River and
Harbor Act of 1960; (33 U.S.C. 577)); mitigation of shore
damage by federal navigation projects (section 111 of the River
and Harbor Act of 1968; 33 U.S.C. 426i)); regional sediment
management/beneficial use of dredged material (section 204 of
WRDA 1992; (33 U.S.C. 2326)); flood control (section 205 of the
Flood Control Act of 1948; (33 U.S.C. 701s)); aquatic ecosystem
restoration (section 206 of WRDA 1996; (33 U.S.C. 2330));
removal of obstructions and clearing channels for flood control
(section 2 of the Act of August 28, 1937; (33 U.S.C. 701g));
and project modifications for improvement of the environment
(section 1135 of the WRDA 1986; (33 U.S.C. 2309a)).
Congress has also provided authority for the Corps to
assist with the planning, design, and construction of drinking
water and wastewater projects in specified areas, known broadly
as Environmental Infrastructure (EI) assistance. EI authorities
are typically developed either on a project-by-project basis
(see section 219 of WRDA 1992) or on a programmatic basis for
specified geographic regions. The EI programs support publicly
owned and operated facilities, such as distribution and
collection works, stormwater collection and recycled water
distribution, and surface water protection and development
projects.
The Corps is also authorized to engage in technical
assistance for certain activities, such as flood risk
mitigation and watershed studies. Corps district offices
partner with state, tribal, and local governments to provide or
coordinate technical assistance or expertise through many of
its programs. The primary Corps technical assistance programs
include: Flood Plain Management Services (section 206 of the
Flood Control Act of 1960; also referred to as Silver Jackets)
and Planning Assistance to States (Section 22 of WRDA 1974).
Section 111 of WRDA 2020 directed the Secretary of the Army to
prioritize the provision of technical assistance to support
flood risk resiliency planning efforts of economically
disadvantaged communities or communities subject to repetitive
flooding.
WITNESS LIST
LThe Honorable Michael L. Connor, Assistant
Secretary of the Army for Civil Works, Department of the Army
LLieutenant General Scott A. Spellmon, Chief of
Engineers and Commanding General, U.S. Army Corps of Engineers
Mrs. Napolitano. Good morning to everybody, welcome, and
have a happy, healthy new year, everybody. I now call this
meeting to order, and today's hearing is a very important one,
serving as the kickoff to a new Water Resources Development Act
for 2022.
The Army Corps of Engineers carries out critical work
across the country, and much of that work relies on consistent
authorization from us, in Congress. This subcommittee has come
together on a bipartisan basis for the last four Congresses to
pass a new WRDA bill, and with this hearing, we initiate that
tradition again.
Let me begin by asking unanimous consent that the chair be
authorized to declare a recess at any time during today's
hearing.
Without objection, so ordered.
I ask unanimous consent that Members not on the
subcommittee be permitted to sit with the subcommittee at
today's hearing and ask questions.
And without objection, so ordered.
As a reminder, please keep your microphones muted unless
speaking. Should I hear any inadvertent background noise, I
will request that the Member please mute their microphone.
And finally, to insert a document into the record, please
have your staff email it to [email protected].
I am very pleased that our first hearing of the year is on
the development of further legislation to benefit our Nation's
economy, its environment, and the well-being of communities in
every one of our congressional districts. Today, we begin the
development of a new Water Resources Development Act for 2022,
also known as WRDA.
I am pleased we will start by hearing from the Biden
administration and the Chief of the Army Corps of Engineers.
The committee, on a bipartisan basis, has now completed
work on four consecutive WRDAs since 2014. A proud
accomplishment. Thank you, Mr. Chair.
Today's hearing marks the beginning of our work on the
fifth consecutive WRDA. This committee has been successful in
enacting a WRDA every 2 years because our Members recognize how
critical the Corps' work is to meeting the unique water
resource needs of our communities.
Through biennial enactment of WRDA legislation, this
committee has met local, regional, and national needs through
authorization of new Corps' projects, studies, and policies
that benefit every corner of the Nation. However, all of the
projects and studies authorized in WRDAs need appropriated
funds for the communities to realize the full navigation, flood
control, and environmental benefits these projects provide.
Last year, Congress approved, and the President signed into
law, the bipartisan Infrastructure Investment and Jobs Act.
This critical legislation provides $17.1 billion to the Corps
to address the backlog of vital construction and operation, as
well as maintenance, activities on projects throughout the
Nation.
Additionally, the Jobs Act follows the Biden
administration's fiscal year 2022 budget request, which I
remind my colleagues, was the largest single budget request for
the Corps in its history. I am pleased that the Biden
administration recommended sufficient funds to complete a dam
safety project at Whittier Narrows in my district, and I trust
and hope that the Corps will keep that in mind as it develops a
spend plan for the funds from the Jobs Act.
The combined funding from the Jobs Act and the annual
appropriations and emergency supplemental bills is historic by
any definition. This funding will allow for a game-changing,
once-in-a-generation investment in our critical water resources
infrastructure. This critical funding will enable the Corps to
carry out authorized projects across the country, which will
finally help communities to address local flooding needs, will
ensure sustainable and predictable water supply needs for arid
regions, and help to restore our Nation's environmental
treasures.
In addition, we have all seen the effect that COVID-19 has
had on our economy and supply chains. These investments will
advance projects, especially dredging, in our coastal ports and
inland waterways that are so very critical to our economy.
These projects will make it easier for American businesses to
export their goods around the world and fuel our economy for
the future.
I am very pleased to have the top leadership of the Army
Corps of Engineers before this committee today. Both Assistant
Secretary Connor and Lieutenant General Spellmon bring years of
experience and knowledge in managing the Nation's water
resources needs.
I welcome both of you here today and look forward to
hearing from you on the priorities we should consider for the
next WRDA, plans you have for the historic funding included in
the Jobs Act, and updates on implementing policies from
previous WRDAs, including one that I authored to review adding
water supply to your core mission areas.
The committee also thanks you for transmitting the annual
``Report to Congress on Future Water Resources Development for
2021,'' or the 7001 Report, to us this past November. These
statutorily required reports help us as we seek to authorize
studies and projects in WRDAs. I hope that you will both commit
today that the 2022 report will be submitted to Congress on
time at the beginning of February of this year. That is just
around the corner.
And as I stated earlier, this is our first hearing on WRDA
2022, and I plan to hear additional perspectives in the weeks
and months to follow.
I strongly encourage every Member and their staff to work
with their local Corps district to learn about projects in
their communities. I am fully committed to considering our
track record and completing another bipartisan WRDA, and I
value and appreciate the cooperation of the ranking member and
your staff.
Now, I am pleased to yield to the ranking member of the
subcommittee, Mr. Rouzer, for any statement he may have.
[Mrs. Napolitano's prepared statement follows:]
Prepared Statement of Hon. Grace F. Napolitano, a Representative in
Congress from the State of California, and Chair, Subcommittee on Water
Resources and Environment
I am pleased that our first hearing of the year is on the
development of further legislation to benefit our nation's economy, its
environment, and the well-being of communities in every one of our
congressional districts.
Today, we will begin the development of a new Water Resources
Development Act for 2022, also known as WRDA, and I am pleased we will
start with hearing from the Biden administration and the Chief of the
Army Corps of Engineers.
This committee, on a bipartisan basis, has now completed work on
four consecutive WRDAs since 2014. Today's hearing marks the beginning
of our work on the fifth WRDA in a row.
This committee has been successful in enacting a WRDA every two
years because our members recognize how critical the Corps' work is to
meeting the unique water resource needs of our communities.
Through biennial enactment of WRDA legislation, this committee has
addressed local, regional, and national needs through authorization of
new Corps projects, studies, and policies that benefit every corner of
the nation.
However, all of the projects and studies authorized in WRDAs need
appropriated funds for communities to realize the full navigation,
flood control, and environmental benefits these projects provide.
Last year, the Congress approved, and the president signed into
law, the bipartisan Infrastructure Investment and Jobs Act. This
critical legislation provides $17.1 billion to the Corps to address the
backlog of vital construction and operation and maintenance activities
on projects throughout the nation.
Additionally, the Jobs Act follows the Biden administration's
Fiscal Year 2022 budget request--which I remind my colleagues, was the
largest single budget request for the Corps in its history.
I was pleased that the Biden administration recommended sufficient
funds to complete a dam safety project at Whittier Narrows in my
district and I trust and hope that Corps will keep that in mind as it
develops a spend plan for funds from the Jobs Act.
The combined funding from Jobs Act and annual appropriations and
emergency supplemental bills is historic by any definition. This
funding will allow for a game-changing, once-in-a-generation investment
in our critical water resources infrastructure.
This critical funding will enable the Corps to carry out authorized
projects across the country, which will finally help communities to
address local flooding needs, will ensure sustainable and predicable
water supply needs for arid regions, and will help to restore our
nation's environmental treasures.
In addition, we have all seen the impact that COVID-19 has had on
our economy and supply chains. These investments will advance projects,
especially dredging, in our coastal ports and inland waterways that are
so critical to our economy. These projects will make it easier for
American businesses to export their goods around the world and fuel our
economy for the future.
I am very pleased to have the top leadership for the Army Corps of
Engineers before the committee today. Both Assistant Secretary Connor
and Lieutenant General Spellmon bring years of experience and knowledge
in managing the nation's water resources needs.
I welcome you here today and look forward to hearing from you on
priorities we should consider for the next WRDA, plans you have for the
historic funding included in the Jobs Act, and updates on implementing
policies from previous WRDAs, including one that I authored to review
adding water supply to your core mission areas.
The committee also thanks you for transmitting the annual Report to
Congress on Future Water Resources Development for 2021 or 7001 report
this past November. These statutorily required reports help us as we
seek to authorize studies and projects in WRDAs. I hope that you will
both commit today that the 2022 Report will be submitted to Congress on
time at the beginning of February of this year.
As I said earlier, this is our first hearing on WRDA '22 and our
subcommittee plans to hear additional perspectives in the weeks and
months to come. I strongly encourage every member and their staff to
work with their local Corps district to learn about projects in their
communities.
I am fully committed to continuing our track record and completing
another bipartisan WRDA and I value and appreciate the cooperation of
the Ranking Member and your staff.
At this time, I am pleased to yield to my colleague, the Ranking
Member of our subcommittee, Mr. Rouzer, for any thoughts he may have.
Mr. Rouzer. Well, thank you, Madam Chair. I appreciate you
holding this hearing today. And I would also like to thank our
witnesses for being with us, although remotely, and
understandably so.
Today's hearing marks the public kickoff phase of the House
of Representatives drafting of a Water Resources Development
Act for 2022. This is one of the most important pieces of
legislation, I think we can all agree, that we do here, on the
Transportation and Infrastructure Committee.
Every day, people across our country read stories and hear
news reports about how Washington is broken. However, the WRDA
process is something that works and one of the reasons why I
look forward to this new year.
These have not only been consistent, but also bipartisan.
In fact, since 2014, Congress, as the chairman said, has passed
a WRDA bill every 2 years. The WRDA 2020 passed the House by
voice vote.
And one thing we hear frequently from those who depend on
these bills is how thankful that they are that we work together
in a bipartisan manner, and do so through regular order.
I look forward to working with my colleagues on both sides
of the aisle here on this committee, subcommittee, and the full
House, to keep this institutional tradition intact. Throughout
this process, we will hear from folks all around the country,
representing a wide variety of interests. However, it makes
sense to hear first from those who actually direct and do the
work: the United States Army Corps of Engineers and the Office
of the Assistant Secretary of the Army for Civil Works.
There are several ways that the Corps and the Assistant
Secretary help Congress develop a water resources bill. Perhaps
most notable among them are the individual Chief's Reports for
projects and the annual 7001 Report, named after the section of
WRRDA 2014 that required an annual project list be provided to
Congress that represents non-Federal entity input into the
Corps' process.
I look forward to hearing from the Assistant Secretary and
the Chief of Engineers on these reports, and I also look
forward to discussing best moves forward with the 2022 WRDA.
[Mr. Rouzer's prepared statement follows:]
Prepared Statement of Hon. David Rouzer, a Representative in Congress
from the State of North Carolina, and Ranking Member, Subcommittee on
Water Resources and Environment
Thank you, Chair Napolitano. I appreciate you holding this hearing,
and I would also like to thank our witnesses for testifying today.
Today's hearing marks the public kick-off phase of the House of
Representatives' portion of the drafting of a Water Resources
Development Act (WRDA) for 2022. This is one of the most important
pieces of legislation that we do here at the Transportation and
Infrastructure Committee.
Every day, people across our country read stories and hear news
about how Washington is broken. However, the WRDA process is something
that works and one of the reasons why I look forward to this year.
Since 2014, Congress has passed a WRDA bill every two years. These have
not only been consistent but also bipartisan. In fact, WRDA 2020 passed
the House by voice vote.
One thing we hear frequently from those who depend on these bills
is how thankful they are that we work together in a bipartisan manner
and do so going through regular order. I look forward to working with
my colleagues on both sides of the aisle here on the Committee and the
full House to keep this institutional tradition intact.
Throughout this process, we will hear from people all over the
country representing a wide variety of interests. However, it makes
sense to hear first from those who actually direct and do the work: the
United States Army Corps of Engineers and the Office of the Assistant
Secretary of the Army for Civil Works.
There are several ways that the Corps and the Assistant Secretary
help Congress develop a water resources bill. Perhaps most notable
among them are the individual ``chiefs reports'' for projects and the
annual 7001 report, named after the section of WRRDA 2014 that required
an annual project list to be provided to Congress that represents non-
federal entity input into the Corps process. I look forward to hearing
from the Assistant Secretary and the Chief of Engineers on these
reports and to discuss best moves forward with the 2022 WRDA.
Mr. Rouzer. Again, thank you to our witnesses, and I yield
back.
Mrs. Napolitano. Thank you, Mr. Rouzer. At this time, I am
pleased to recognize and note the chair of the full committee,
Mr. DeFazio, for any thoughts he may have.
Mr. DeFazio. Thanks, Madam Chair. As has been stated
earlier, it was former Chairman Bill Shuster who started the
tradition and the commitment to doing a Water Resources
Development Act every 2 years, beginning in 2014. We continued
that tradition last year, and I fully intend that we will
continue again this year.
Last year, as was noted, it did pass the House by voice
vote. Actually, I believe it passed the House twice. And we
negotiated with the committee of jurisdiction in the Senate.
But even then, the Senate couldn't take up a bill that passed
the House unanimously, and we had to do it in the year-end
omnibus budget deal. Hopefully, this year, the Senate will be
able to partner and work with us on the bill so that we can
better develop the policy and the projects as we move forward.
The last WRDA had 48 Chief's Reports. That was, as far as I
know, more than any other time previously. That was more than
in 2016 and 2018 combined, which shows that the Corps certainly
has the capability to address the needs of the Nation, to
design projects to meet our needs and restore some of our water
infrastructure, some of which dates to the 1800s, and some of
that is very critical infrastructure.
The Corps has been really pathetically underfunded for
decades. The backlog of critical infrastructure projects has
grown and grown to tens of billions of dollars. We have allowed
for too long our infrastructure--critical infrastructure--to
degrade, whether we are talking about the inland waterways, the
ports, the harbors, flood protection, or other issues. We get a
C-minus from the American Society of Civil Engineers. We can do
better than that.
And there is a lot of promise now. The $17.1 billion in the
Bipartisan Infrastructure Law, $11 billion dedicated
specifically to project construction. This will help reduce the
backlog at our ports and reduce the price of goods. It will
provide enhanced protection for our communities from flood and
storm risks, and put the Nation on a path for sustainable
infrastructure for future generations.
The Corps only has a couple more days to finalize where
those Bipartisan Infrastructure Law funds will be spent. And I
am hopeful to hear more about that today. We will be following
very carefully the focus, the implementation of this law, and
the policy changes that were dictated in the last few WRDA
bills.
In 1996--things take a little while around here sometimes,
sometimes way too long--I started working with Bud Shuster--
that is Bill's dad--on the creation of a Harbor Maintenance
Trust Fund to use the dollars, the tax dollars that have been
dedicated since the Reagan era, to our port infrastructure,
which had been sequestered in the Treasury, so that they could
be used for illusory deficit offset, or spent elsewhere, even
though the balance did accrue to the Treasury. Nearly $10
billion. And we finally got that done last year, in WRDA 2020.
Certainly, as the pandemic showed how overburdened and
inadequate our ports are in this international economy, it
couldn't have been more timely.
I want that we will continue to better support the Corps in
its expertise, make them accessible and available to any
community who needs it, even those with unique challenges,
economic disadvantages, those under severe threat from climate
impacts or pollution, as we heard from Mr. Garamendi before the
committee met, or other issues that have been raised in Florida
and elsewhere.
We need to build back better in a way that is resilient,
that we are innovative, we can meet future challenges, and we
don't leave any parts of the country behind, including rural,
Tribal, and disadvantaged communities.
Madam Chair, thank you for your leadership. And I want to
thank Assistant Secretary Connor and General Spellmon for
joining us today, and I look forward to the dialogue as we move
forward with this hearing. Thank you, I yield back.
[Mr. DeFazio's prepared statement follows:]
Prepared Statement of Hon. Peter A. DeFazio, a Representative in
Congress from the State of Oregon, and Chair, Committee on
Transportation and Infrastructure
Since 2014, this committee has been successful in enacting four
consecutive, bipartisan WRDA bills, and today, we take our first step
in continuing that tradition in the 117th Congress.
In 2014, former Chairman Bill Shuster made a commitment to enacting
a new water resources bill every two years. That tradition has
continued, unabated, since that time, and biennial consideration of
WRDA legislation is now the regular order of this committee.
Enacting WRDAs each Congress provides a predictable timeline for
non-federal project sponsors and the Corps alike as projects move
through the study and construction phases. Most importantly, the
timeline works. It allows for Congress' timely consideration of the
Corps' important water infrastructure projects that provide benefits to
communities across the nation.
In the last WRDA, we authorized 46 Chief's Reports. That's 46
projects ready for construction. That's more projects than were
authorized in '16 and '18 combined, showing that if this committee can
do our part as authorizers, the Corps can do their job in studying,
planning, and designing projects to address the country's urgent needs
in water infrastructure.
The other side of that coin, as always, is providing funding to
complete the work that Congress has authorized. The Corps has been
laughably underfunded for decades, leading to a $100 billion backlog of
projects that would provide enumerable benefits in flood risk
reduction, ecosystem restoration, water supply, and navigation.
For too long, we have allowed our infrastructure to age and
degrade, and have failed to modernize our systems to address current
water resources challenges. If we have any hope of getting our water
infrastructure above the current C-minus average grade provided by the
American Society of Civil Engineers, we need to accurately value the
essential work of the Corps to our economy, to our way of life, and to
our environment.
Fortunately, Congress has responded by taking one large step in
addressing the project backlog. The Bipartisan Infrastructure Law
provided over $17 billion dollars to the Corps, of which $11 billion is
to be allocated specifically to project construction. This historic
investment will have immediate and tangible benefits that will be felt
by every American--reducing the prices of the goods and services we
use, increasing the protection of our communities from flood and storm
risks, and ensuring a safe and healthy environment for generations to
come.
In that respect, this hearing with Assistant Secretary Connor and
Lieutenant General Spellmon is quite timely--statutorily, the Corps
only has a couple more days to finalize where those Bipartisan
Infrastructure Law funds will be spent.
I know everyone on this committee has been closely tracking that
information as well as many of the other provisions that were passed
within the Bipartisan Infrastructure Law. I hope there are some updates
you both can provide to the committee today.
Careful and expedient implementation of the Bipartisan
Infrastructure Law will be a focus of the committee this year, as well
as implementation of the policy changes included in the last few WRDA
bills.
For the past four Congresses, I have been working with members on
both sides of the aisle to finally unlock federal investment for our
nation's ports and harbors. In WRDA 2020, we were able to finally make
headway in that direction, so I will certainly be closely following
implementation of those changes to the Harbor Maintenance Trust Fund.
In many ways, my 20-plus year effort to unlock critical harbor
maintenance funds could not have happened at a better time,
particularly when the global pandemic showed the vulnerability of our
overburdened ports.
We must be investing more in our nation's ports and harbors in
order to keep America competitive in the global economy. Maintaining
our inland waterways and coastal ports is a critical part of holding a
competitive edge.
Additionally, I hope to see this committee continue its work in
ensuring the Corps' expertise is available and accessible to any
community who needs it. That includes those with unique challenges,
economic disadvantages, and those under severe threat from climate
change impacts.
As we work to upgrade the country's water infrastructure, we truly
need to Build Back Better, and make sure that we are keeping an eye
towards resiliency, innovative solutions, and future challenges. Our
rural, Tribal, and disadvantaged communities cannot be left behind as
we work to build and upgrade our water resources to meet the demands of
the 21st century.
Madam Chair, I again thank you for your leadership on this
important legislation, and I look forward to working with you, Ranking
Member Graves, and Ranking Member Rouzer to continue our bipartisan
tradition of enacting a Water Resources Development Act every two
years.
I want to thank Assistant Secretary Connor and General Spellmon for
joining us today. I look forward to an engaging dialogue with you and
my colleagues on all of the critical work the Corps is currently doing,
and how we can best partner with you in our formulation of a new WRDA
bill.
Mrs. Napolitano. Thank you, Chairman DeFazio, for your kind
words, and very well put. Thank you very much.
Now we will proceed to hear from our witnesses that are
testifying today. I ask the witnesses to please, if you have
your cameras on, leave them on for the duration of the panel.
Thank you for being here and participating.
On today's panel, we have the Honorable Michael L. Connor,
Assistant Secretary Army of the Army for Civil Works and
Lieutenant General Scott A. Spellmon, Chief of Engineers and
Commanding General of the U.S. Army Corps of Engineers.
Without objection, your prepared statements will be entered
into the record. And our two witnesses are asked to limit their
remarks to 5 minutes.
Assistant Secretary Connor, welcome. You may proceed.
TESTIMONY OF HON. MICHAEL L. CONNOR, ASSISTANT SECRETARY OF THE
ARMY FOR CIVIL WORKS, DEPARTMENT OF THE ARMY; AND LIEUTENANT
GENERAL SCOTT A. SPELLMON, CHIEF OF ENGINEERS AND COMMANDING
GENERAL, U.S. ARMY CORPS OF ENGINEERS
Mr. Connor. Thank you. Thank you, Chairwoman Napolitano,
Ranking Member Rouzer, Chairman DeFazio, members of the
subcommittee. I appreciate the opportunity to testify today
regarding WRDA 2022.
As you introduced me, I am Mike Connor. I am the Assistant
Secretary of the Army for Civil Works, a position I have been
in since November 29th of last year. I submitted my written
testimony, and will summarize a few highlights here.
The Army Civil Works program is the Nation's largest water
resources program. It serves three primary missions: flood and
storm damage reduction, commercial navigation, and aquatic
ecosystem restoration. It also addresses a host of other water
resource and infrastructure needs, as directed by Congress.
The Corps of Engineers has contributed significantly to the
Nation's well-being. I appreciate the recognition of that fact
here. It supports the economy with its infrastructure, and
protects and improves the lives of Americans with actions to
address flood risk, environmental protection needs, even
drought. Today the Army Corps is committed to the national
effort to work as partners with communities to improve their
resilience to extreme weather events and other challenges
related to a changing climate.
As the President has made clear, the administration is
focused on increasing infrastructure and ecosystem resilience,
and decreasing climate risk for communities, based on the best
available science, promoting environmental justice in
disadvantaged, underserved, and rural communities, and creating
good-paying jobs.
The Army Civil Works program will continue to work within
its own authorities to tackle the climate crisis at home. We
also participated in a whole-of-Government effort, including
the interagency Water Subcabinet and the Coastal Resilience
Interagency Working Group. WRDA 2022 is where we can continue
to ensure the authorities necessary to implement the
administration's priorities.
The President has set a goal that 40 percent of the overall
benefits of Federal investments flow to disadvantaged
communities: the Justice40 initiative. I am committed to
working with Lieutenant General Spellmon to seek opportunities
to secure environmental justice and spur economic opportunity
for disadvantaged communities that disproportionately
experience the adverse effects of climate change.
I should also make clear the Army's role in supporting a
broad range of infrastructure and landscapes. The Army works
with our Nation's coastal ports to maintain their channels;
operates and maintains the inland waterways of commerce;
supports State, Tribal, and local flood risk management
activities; restores significant aquatic ecosystems; and
operates and maintains multipurpose dams and the reservoirs
behind them. It is a great story, but much of the water
resources infrastructure that the Army Corps owns and operates
was constructed over 75 years ago, and will require significant
investments to maintain.
Thank you for the significant resources Congress has
already provided, as referenced earlier.
As the Army works on policy and administrative changes to
improve infrastructure development and regulatory
responsiveness, my staff and I are looking at authorities,
policies, regulations, and procedures to identify opportunities
for increased efficiency and effectiveness. This is
particularly necessary, given the substantial resources
provided to the Corps this past year, and the importance
Congress ascribes to our programs.
We want to ensure that Army Civil Works is using its
significant capabilities in an equitable manner, that it
incorporates natural and nature-based infrastructure solutions
to resiliency efforts, that it reduces redundancy, and that it
delegates authority for decisionmaking to the appropriate
level. I am committed to working closely with the Chief of
Engineers and his commanding officers to position the Civil
Works programs for continued success.
With respect to significant matters of interest to the
committee, we are working with OMB to finalize a proposed rule
to implement WIFIA, as provided for in the 2021 Energy and
Water Development Appropriations Act. This proposed rule would
implement a new Federal credit program to support investment in
non-Federal dam safety projects through credit assistance to
maintain, upgrade, and repair non-Federal dams. This new
Federal credit program will provide another way for non-Federal
dam owners and managers to enhance the safety of their dams,
while also adjusting water supply, energy, and environmental
needs in a changing climate.
The Army has completed 18 WRDA 2020 implementation guidance
documents, and made substantial progress on the remaining
guidance. I know that is an interest to all of you. Certain
provisions may require rulemaking. You have my commitment that
WRDA 2020 implementation will be a priority, and we will
continue to complete the remaining implementation guidance
documents and rulemakings.
The Army is also making progress on key regulatory issues.
Together, we are working closely with EPA to develop a durable
definition of ``waters of the United States'' informed by
science, experience, and expertise to protect all interests
dependent on clean water.
The Army also lifted the temporary pause on finalizing
section 404 permit decisions in November 2021, and is working
to resolve the vast majority of outstanding jurisdictional
determination decisions.
The Army is also moving forward to coordinate with
certifying authorities on water quality certifications that are
potentially impacted by the recent vacatur of the 2020 Clean
Water Act section 401 rule.
Thank you, Madam Chair and all committee members. I look
forward to answering questions after General Spellmon's
testimony.
[Mr. Connor's prepared statement follows:]
Prepared Statement of Hon. Michael L. Connor, Assistant Secretary of
the Army for Civil Works, Department of the Army
Chairman DeFazio, Chairwoman Napolitano, Ranking Member Graves,
Ranking Member Rouzer and distinguished members of the Subcommittee,
thank you for the opportunity to testify before you today to discuss
the U.S. Army Corps of Engineers Civil Works program priorities for
water infrastructure needs in the proposed Water Resources Development
Act (WRDA) of 2022.
I am Michael Connor, the Assistant Secretary of the Army for Civil
Works (ASA(CW). I began serving in this position on November 29, 2021.
The U.S. Army Civil Works Program is the Nation's largest water
resources program. It serves three main missions: flood and storm
damage reduction, commercial navigation, and aquatic ecosystem
restoration. The Civil Works Program also addresses a host of other
water resource and infrastructure needs as authorized and funded by
Congress. Our civil works projects have contributed significantly
toward the Nation's well-being, supporting the economy and protecting
and improving the lives of Americans with innovative water management
processes to address flood risk, environmental protection needs, even
drought. As such, the U.S. Army Corps of Engineers is committed to the
national effort to help communities improve their resilience to extreme
weather events, through our technical assistance programs and our water
resources projects, a mission of increasing importance with a changing
climate. Much of the Army's work can only be accomplished through a
foundation of partnerships between the Corps and local communities,
which allow us to work together to help develop, manage, restore, and
protect the Nation's water resources and the environment.
The Administration is focused on increasing infrastructure and
ecosystem resilience to climate change and decreasing climate risk for
communities based on the best available science; and promoting
environmental justice in disadvantaged, underserved, and rural
communities and creating good paying jobs that provide the free and
fair chance to join a union and collectively bargain. We believe in
smart investments that maximize the resiliency and durability of our
water management resources; moving into a more sustainable posture by
investing in infrastructure that delivers benefits all across America.
This can be accomplished through authorizations that address the
effects of climate change.
The President has directed each federal agency to work within its
own authorities to tackle the climate crisis at home. As part of this
whole of government effort and a member of the Federal family, we work
with the Interagency Water Subcabinet, comprised of the Departments of
Interior, Agriculture, Energy and Commerce (National Oceanic and
Atmospheric Administration), and the Environmental Protection Agency,
to streamline and coordinate the Federal government's approach to
managing America's water resources and work to restore and protect the
environment, safeguard public health and safety, and contribute to the
nation's economy. We also partner with the Coastal Resilience
Interagency Working Group, which includes the Departments of
Transportation and Homeland Security, to elevate, coordinate and
accelerate the Federal government's efforts to increase the resilience
to climate change of the Nation's coasts and coastal communities. It is
a priority of the Office of the ASA(CW) and the U.S. Army Corps of
Engineers to increase resilience to the impacts of climate change;
protect and conserve our water resources; and maintain the key features
of our infrastructure that support the nation's economy. WRDA 2022 is
where we can continue to ensure the authorities necessary to implement
these priorities.
The President has also set a goal that 40 percent of the overall
benefits of Federal investments flow to disadvantaged communities--the
Justice40 Initiative. The Justice40 Initiative is a critical part of
the Administration's whole-of-government approach to advancing
environmental justice. I am committed to working with Lieutenant
General Spellmon and his team to seek opportunities to secure
environmental justice and spur economic opportunity for disadvantaged
communities that are experiencing adverse effects of climate change.
The Army works with our Nation's coastal ports to maintain their
channels; operate and maintain the inland waterways of commerce;
support state, Tribal, and local flood and coastal storm damage risk
management reduction activities; restore significant aquatic
ecosystems; and operate and maintain multipurpose dams, as well as the
reservoirs behind them. There are about 250 million day-visits a year
for recreation at Corps' lands and reservoirs, making the Corps one of
the top Federal recreation providers, an important outlet for many
Americans during the course of the ongoing pandemic.
The infrastructure that the Army maintains includes 13,000 miles of
coastal navigation channels (including the channels of the Great
Lakes), 12,000 miles of inland waterways, 715 dams, 241 locks at 195
navigation sites, 14,700 miles of levees, and hydropower plants at 75
locations with 353 generating units. These projects help provide risk
reduction from flooding in our river valleys and along our coasts,
facilitate the movement of approximately two billion tons of waterborne
commerce, and provide up to 24 percent of the Nation's hydropower.
Much of the water resources infrastructure that the Army Corps owns
and operates was constructed over 75 years ago and will require
significant investments to maintain.
As the Army continues to work on policy and administrative changes
to improve infrastructure delivery and regulatory responsiveness, my
staff and I are looking at the organization, authorities, policies,
regulations, and procedures, in order to identify opportunities for
increased efficiency and effectiveness. We want to ensure that the Army
Civil Works Program is using its significant capabilities in an
equitable manner and to address longstanding environmental justice
concerns; incorporates natural and nature-based infrastructure
solutions into resiliency efforts where appropriate; reduces
redundancy; and delegates authority for decision-making to the
appropriate level. I am committed to working closely with the Chief of
Engineers and his commanding officers to position the Army Civil Works
Program for continued success.
With respect to some specifics, we are working with the Office of
Management and Budget to finalize a proposed rule to implement the
Water Infrastructure Finance and Innovation Act or WIFIA, as provided
for in the 2021 Energy and Water Development Appropriations Act. This
proposed rule would implement a new federal credit program to support
investment in non-federal dam safety projects through credit assistance
to safety projects to maintain, upgrade, and repair non-federal dams.
The FY2021 Appropriations Act included $12 million for a credit
subsidy, and $2.2 million for program administration and a loan volume
limit of $950 million. The appropriations limited WIFIA funds to safety
projects to maintain, upgrade, and repair dams. This new federal credit
program will provide another way for non-federal dam owners and
managers to enhance the safety of their dams and to improve the
durability of those dams while also addressing water supply, energy,
and environmental needs in a changing climate.
The Army has completed 16 WRDA 2020 implementation guidance
documents and made substantial progress on the remaining documents.
Certain provisions may require rulemaking. You have my commitment that
WRDA 2020 implementation will be a priority and that we will complete
the remaining implementation guidance documents and any potential
rulemaking.
The Army is also making progress on some key Regulatory issues.
Together, we are working closely with the Environmental Protection
Agency to develop a durable definition of ``waters of the United
States'' (WOTUS) that is informed by science, experience, expertise and
that protects public health, the environment, and downstream
communities while supporting economic opportunity, agriculture, and
other industries that depend on clean water. On December 7, 2021, Army
and EPA published the a proposed rule that represents the first in a
two-step process to revise the definition of WOTUS. The proposed rule
will support a stable implementation of the Clean Water Act's WOTUS
definition while the agencies continue to consult with states, Tribes,
local governments, and stakeholders in both the implementation of WOTUS
and future regulatory actions. Now, more than ever, we recognize the
importance of our Nation's water resources and the role water plays in
sustaining all of our communities across the nation.
The Army also lifted the temporary pause on finalizing Section 404
permit decisions in November 2021, and is working to resolve the vast
majority of the outstanding jurisdictional determination decisions. The
Army will also coordinate with certifying authorities on water quality
certifications that are potentially impacted by the recent vacatur of
the 2020 CWA Section 401 rule by the United States District Court for
the Northern District of California.
The Office of the Assistant Secretary of the Army for Civil Works
and the U.S. Army Corps of Engineers stand ready to help in addressing
the water resources challenges of the 21st Century and doing so in an
equitable manner that helps all of our communities in the United
States. We look forward to working with this Committee on this very
important issue.
Thank you, Chairman DeFazio, Chairwoman Napolitano and Committee
Members. This concludes my statement. I look forward to answering any
questions you or other Members of the Committee may have.
Mrs. Napolitano. Thank you, Mr. Secretary, and now we will
proceed to hear from Lieutenant General Spellmon.
You may proceed.
General Spellmon. Chairman DeFazio, Chairwoman Napolitano,
Ranking Member Rouzer, and distinguished members of the
committee, good morning to all of you, and I am honored to
testify before you today with Mr. Connor. And thank you for the
opportunity to discuss our execution of and your oversight of
the U.S. Army Corps of Engineers Civil Works program.
I look forward to discussing the status of implementation
of recent Water Resources Development Acts, as well as
questions the committee may have regarding anticipated
legislation for 2022. Most importantly, I look forward to
continuing to work with this committee, Congress, and the
administration to address the Nation's water resources
infrastructure needs.
The infrastructure authorized by the Water Resources
Development Acts and implemented by the Corps are critical for
this Nation's economic growth and national security, and
ultimately, they benefit the well-being of all American
citizens.
We greatly appreciate the committee's continuing
commitment, as mentioned, to enacting WRDAs on a 2-year cycle.
This predictability has enabled critical water resources
projects to be authorized for study and construction. This
succession has also provided regular updates to our
authorities, modernizing our methodologies, and enhancing
flexibility into policies we utilize to execute our mission.
We maintain a dedicated commitment to our partners; the
value: the engagement we have held with stakeholders to gain
their input in shaping guidance for implementation of these
authorities.
While the focus of this hearing may be on the proposed
legislation being considered by this committee, it is
important, I believe, to acknowledge the recent significant
growth in the Corps Civil Works program that we have
experienced over the past several years.
Madam Chairwoman, the challenge for us in the Corps is that
we are structured, we are organized, and we are staffed for
what has historically been a $20 to $22 billion program for the
Corps, and that is just not Civil Works, that is the work we do
for the VA, that is the work we do for FEMA, and that is the
work we are doing in 110 countries around the world today for
our combatant commanders out in the field.
Our current program is $84 billion, and it is growing. So,
our Civil Works program has seen the greatest growth of all
these programs these past 5 years, going from a $7 billion
annual program to an annual budget of more than $48 billion,
when you add in supplemental appropriations. This funding
provides the Corps with a once-in-a-generation window of
opportunity to deliver water resource infrastructure programs
and projects that will positively impact the lives of
communities across this great Nation. It is an opportunity we
are taking advantage of to transform our organization and
decisionmaking processes to safely finish quality projects on
time and within budget.
We are taking major steps to proactively identify risks to
execute our mandates, then developing measures to reduce,
resolve, or eliminate these risks, measures such as
accelerating recruitment through direct hiring authorities and
transforming our workplace to attract and retain the best
talent, which will help us in fortifying our technical
expertise to effectively develop and implement infrastructure
projects.
We are also combining traditional and alternative delivery
concepts that allow us to develop additional contracting tools
that enhance our partnership efforts. By evolving our programs,
planning, and operations, we are able to overcome impacts from
important drivers like global climate change. Considering
adaptation and mitigation responses to climate change together,
we have improved the resilience of natural and Corps-built
water resources infrastructure. Integrating adaptation and
resilience into our design processes has enhanced the
effectiveness of the Corps Civil Works projects, reducing risk
to vulnerable communities.
Additionally, the Corps continues to provide meaningful
engagement opportunities for overburdened and underserved
communities and Native American Tribes to encourage and enable
participation in decisions that impact their communities. The
Corps does not accomplish anything by itself. We use our
engineering expertise, and rely on a relationship to develop
innovative approaches to address some of the most pressing
water resource challenges we face as a Nation today.
My top priorities include identifying the highest priority
investments and that we safely deliver quality projects on time
and within budget. I strongly feel that, to achieve this
vision, we must execute our comprehensive research and
development strategy to meet the challenges of the 21st
century. We will accomplish this strategy with our U.S. and
international partners in Government, industry, and academia.
From climate change to war fighting, from overextended
infrastructure to cybersecurity, there are no shortages of
challenges that we will require bold new research and
development to solve.
Madam Chairwoman, I filed my complete written testimony
with your staff that identifies the projects proposed in
Chief's Reports and Post-Authorization Change Reports to date,
since the enactment of WRDA 2020. I also included a brief
summary for each project's purpose, total cost, as well as the
Federal and non-Federal cost share. And thank you, Chairwoman
Napolitano, Ranking Member Rouzer, and members of the
committee. I look forward to answering any questions that you
may have.
[General Spellmon's prepared statement follows:]
Prepared Statement of Lieutenant General Scott A. Spellmon, Chief of
Engineers and Commanding General, U.S. Army Corps of Engineers
Chairman DeFazio, Chairwoman Napolitano, Ranking Member Graves,
Ranking Member Rouzer and distinguished members of the committee. I am
honored to testify before you today and I thank you for the opportunity
to discuss the Army Civil Works program. I look forward to discussing
the status of implementation of recent Water Resources Development Acts
as well as any questions the committee may have. Most importantly, I
look forward to continuing to work with this committee, the Congress,
and the Administration to help address the Nation's water resources
challenges.
The Army Civil Works Program is the Nation's largest water
resources program, and has three main missions, which are: commercial
navigation, flood and storm damage reduction, and ecosystem
restoration. The Congress has authorized many of our reservoirs for
multiple purposes, including ancillary purposes such as hydropower,
recreation, and water supply. We implement our main missions consistent
with the applicable Congressional authorizations, which include
legislative initiatives and reforms, as well as the authorization of
the studies and projects that the U.S. Army Corps of Engineers (Corps)
undertakes.
The infrastructure authorized by the Water Resources Development
Acts and implemented by the U.S. Army benefits the well-being of
American citizens by contributing to the Nation's economic growth,
restoring aquatic ecosystems, and addressing significant risks to
public safety.
While the focus of this hearing may be on the prospective
legislation being considered by this committee, it is important to
acknowledge the recent, significant increase in funding for the Army
Civil Works program over the past several years. Less than four years
ago, the Army received a significant infusion of capital from the 2018
Bipartisan Budget Act ($17.4 billion), which was followed 16 months
later by the 2019 Disaster Relief Act ($3.26 billion). These
supplemental appropriations will allow the Army to help reduce flood
and coastal storm risks in communities across the Nation, as well as
address damages to existing projects. The program has also received
several consecutive years of record-high annual appropriations in
Fiscal Years 2018-2021 (spanning from $6.830 billion to $7.795
billion). Within the past several months, the Congress also passed the
Disaster Relief Supplemental Appropriations Act of 2022 ($5.711
billion) and the Infrastructure Investment & Jobs Act ($17.089
billion), representing well over $22 billion for additional Corps
investments. This funding provides the Army with a once-in-a-generation
window of opportunity to deliver water resource infrastructure programs
and projects that will positively impact the lives of our communities
across the Nation. Additionally, these funds will be used to maintain
our existing Corps infrastructure to ensure that its key features
remain operational while continuing to provide benefits to the Nation.
The Corps has been providing engineering solutions to address our
Nation's toughest challenges since 1775 and we fully understand the
risks with executing our current workload. The Corps is being proactive
in its efforts to identify major risks to execution and develop
measures to reduce, resolve, or eliminate these issues. Measures to
prepare the workforce include efforts toward the acceleration of
recruitment actions and the execution of workplace transformation
initiatives to attract and retain top talent. The Corps is actively
working to fortify our Real Estate expertise across the enterprise to
enhance support to our non-federal partners with identifying and
acquiring the land needed to construct our projects, as well as
evaluating opportunities to identify needed properties earlier and
reduce the risks with initiating acquisition efforts. The Corps
continues to explore expanding upon the tenets of Integrated Water
Resources Management principles in formulating, evaluating, displaying,
comparing, and recommending alternative plans in water and related land
resources implementation studies. The Corps is also developing
additional contracting tools that will allow us to establish and
maintain partnerships, and look at combining our traditional delivery
methods like Design-Bid-Build with alternative delivery concepts like
Design-Build and Early Contractor Involvement strategies. The Corps
continues to monitor supply and demand trends for building materials
and other products that will be needed for construction to provide more
reliable and cost-efficient project delivery.
Under leadership of the current Administration, and in alignment
with the authorities provided by this committee, the Corps is moving
forward, along with other Federal agencies, to help address the vast
water resource challenges posed by global climate change, including
water scarcity, sea level rise, and observed increases in severe
weather events. The Corps continues to develop, evaluate, and implement
changes to programs and projects to incorporate and enhance resilience
to climate change and particularly to help disadvantaged communities to
reduce their risks, and to adapt, to a changing climate. The Corps
continues to provide meaningful engagement opportunities for these
disadvantaged communities, including in rural areas, to encourage and
enable them to adopt solutions to the impact of climate change in their
communities.
Under leadership from the Administration, the Corps continues to
seek opportunities to identify and document the full spectrum of
economic, environmental, and other benefits to the Nation, including
how we address environmental justice concerns. This focus on
economically disadvantaged communities that are marginalized,
underserved, or overburdened by pollution, including those in rural
areas, will provide an opportunity to invest in these areas, which may
have been left behind with past infrastructure development and
construction. We can leverage these tools to enhance opportunities for
these communities where our studies and projects can provide solutions
to their water resources challenges.
Our Tribal Nations Program enables the Army to partner with
Federally recognized American Indian and Alaskan Native tribal
governments to identify solutions to their water resources challenges,
which will substantially benefit the people who live in Indian Country
or in Alaska Native villages. The Corps reaffirms its commitment to
engage in regular, meaningful, and robust consultation with Tribal
officials in the development of water resources projects and on
regulatory actions that have Tribal implications. The Corps works with
Native American Tribes as cost-share partners on Civil Works projects
through its Tribal Partnership Program, under its Planning Assistance
to States Program, as well as through specifically authorized Civil
Works projects. The Corps also can provide technical assistance to
Native American Tribes under its Flood Plain Management Services
Program. The Corps can also leverage interagency Silver Jackets teams
established in each state to identify water resource challenges
affecting Tribes and determine the best suited agency and program to
assist Tribes, where possible, in addressing those challenges,
including the aforementioned programs.
The Corps uses its engineering expertise and its relationships with
project sponsors and stakeholders to develop innovative approaches to
address some of the most pressing water resources challenges facing the
Nation. My top priorities include identifying the highest priority
potential investments for the Army Civil Works Program, starting with
the maintenance of our existing infrastructure, and ensuring that we
deliver studies and finish quality projects safely, on time, and within
budget. I am focused on delivering projects that will contribute to the
effort to enhance the Nation's resilience to climate change. These
priorities will ensure a better return on taxpayer investment and
improve the lives of all Americans. Under my oversight and direction,
and with the leadership of Assistant Secretary Connor and his team, the
Corps is committed to efficiently and effectively executing the Civil
Works program.
I feel strongly that in order to achieve our vision, we will need
to continue to invest in on our Research and Development (R&D) program.
We are working to further inform our R&D initiatives and strengthen our
partnerships with academic institutions to benefit from the enormous
capacity of our Nation's scientists, so we will know how best to meet
the challenges of the 21st Century. Investments in research and
development help us find solutions for today's and tomorrow's
challenges like those posed by extreme rainfall events and the impacts
due to severe floods and coastal storms. We also look to R&D solutions
to further inform the development of our sustainability strategies
including Engineering With Nature (EWN). The Corps EWN initiative
supports sustainable infrastructure systems and embraces the
intentional and substantial use of natural systems in providing water
resources solutions. Through EWN, the Corps aspires to implement
nature-based solutions for civil works projects in partnership with
cost-sharing sponsors.
I am committed to ensuring that the Corps continues to identify the
best ways to manage, develop, restore, and protect water resources in
collaboration with sponsors and partners. Our goal is to achieve a high
economic, environmental, and public safety return for the Nation, which
will benefit all Americans.
At the request of the Committee, my testimony identifies the
projects proposed in Chief's Reports and Post-Authorization Change
Reports to date, since the enactment of WRDA 2020. At the committee's
request, I am also including an attachment that briefly summarizes each
proposed project's purpose, estimated total cost, as well as federal
and non-federal cost share.\\
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\\ Editor's note: The attachment is retained in committee
files and is available online at https://docs.house.gov/meetings/PW/
PW02/20220112/114322/HHRG-117-PW02-Wstate-SpellmonG-20220112-SD001.pdf.
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Since the enactment of WRDA 2020, I have signed 14 Chief's Reports.
The proposed projects in these reports fall within the Army civil works
main mission areas of flood and storm damage reduction, commercial
navigation, and aquatic ecosystem restoration. The 14 Chief's Reports
are:
1. Fairfield & New Haven Counties, CT
2. Elim Subsistence Harbor, AK
3. Prado Basin, CA
4. Lower Cache Creek, CA
5. Portland Metro Levee System, OR
6. Coastal Texas Protection & Restoration, TX
7. San Juan Metro Area, PR
8. Monroe County, FL
9. Okaloosa County, FL
10. Selma, AL
11. Port of Long Beach, CA
12. Folly Beach, SC
13. Pinellas County, FL
14. Valley Creek, Bessemer, AL
Since the enactment of WRDA 2020, there has been one Post-
Authorization Change Report with a Director of Civil Works (Director's)
Report completed.
1. Washington, DC & Vicinity
Mr. Chairman, this concludes my statement. I appreciate the
opportunity to testify today and look forward to answering any
questions you may have. Thank you.
Mrs. Napolitano. Thank you very much, General Spellmon.
That was very nicely put.
We thank both our witnesses, and now we would like to move
on to our Member questions. Each Member will be recognized for
5 minutes. If there are additional questions, we may have an
additional round, as necessary. Chairman DeFazio will begin the
questioning.
You are recognized.
Mr. DeFazio. Thank you, Madam Chair.
To both the Secretary and the general, I want to thank you
for the work you have done to extend the bids you have on the
critical Coos Bay North Bend project to match with the timeline
of OMB approving your workplan. Are we on track to get that
done this week?
Either one can respond.
General Spellmon. Sir, I will start. We have successfully
extended the bid of both offers to the 1st of April. So, I
think that gives us plenty of flexibility in moving forward.
Mr. DeFazio. Right. But the question would be your entire
workplan approval by OMB. I spoke to the acting head of OMB
last week, and there seemed to be some confidence that we could
have approval this week. Have you heard anything?
Mr. Connor. Oh yes, Mr. Chairman. We have heard a lot, been
involved in a lot of discussions. I think we are on track, yes.
Mr. DeFazio. OK, that is good to know, because that is very
important for the Nation.
And as we rebuild, particularly, I want to look at the
Harbor Maintenance Trust Fund. General, you talked about the
challenges of your long overdue, but significantly increased,
investment in projects and obligations.
In terms of being able to commit the harbor maintenance
funds, I guess there are sort of two questions. And one would
be, on the west coast, we have had chronic issues with the
availability of dredging. And I just am hopeful that we are
going to find a way to address that.
And then the second thing would be, as we rebuild these
failing jetties and breakwaters, I would assume that we are
rebuilding them with an eye toward the future, toward higher
levels, higher sea levels, and more violent storms. Is that
correct?
General Spellmon. Sir, that is correct. And you experienced
that more than anyone with the storms and the violent water
that we have out on the Oregon coast.
Sir, just for example, the Coos Bay jetties that we are
talking about here, those will be designed with climate change
and adaptation in mind.
Mr. DeFazio. That is good. That is good to know. On the
Columbia River, Secretary Connor, I wrote in December we have
heard from stakeholders--and the Corps has asserted numerous
times--that they have the existing legal authorities that
relate to future flood damage reduction protection in the
Columbia River Basin.
As you know, the treaty has expired. Canada has been
dragging its feet. The State Department has been, shall we say,
not exactly focused on this, either. And this causes tremendous
concern with the expiration of the treaty, when we have
potential for assuming rather large obligations for future
flood risk on the Columbia. Can we expect a meaningful response
on that soon?
Mr. Connor. Mr. Chairman, we are starting those discussions
in earnest, based on getting input on the discussions that are
ongoing with Canada at this point in time. I think our first
instinct is that we do have the necessary authority, but we are
doing a deeper dive on those flood management services. That
may change in response to how the treaty process negotiation
plays out. So, we are taking a deep look at that, and we will
keep in constant contact as the discussions evolve.
So, we may have a response in the near term that may be
evolving over the next several months. So, we want that to be
an active dialogue with you and interested Members on both
sides of the aisle.
Mr. DeFazio. Great. As you know, this is a tremendous
concern to the entire Pacific Northwest, and I look forward to
that response.
Just one other quick point. We authorized you to look at
helping design and deal with non-Federal dams. I don't think
that authority extended to diking, did it? Because there are
areas--historically, the Corps was involved in building and
diking, particularly throughout the Northwest and areas of
flood danger. And then, in time lost to history, they turned
those over to local diking districts, which just kind of
disappeared ultimately, and people didn't even know, in many
cases, they were protected by dikes, as in the case of one
river in my district a few years ago.
Does that authority extend to providing some assistance to
these districts also, or is that something Congress would need
to further authorize?
Mr. Connor. I can take a first cut at that. I have got two
thoughts on that.
I think the authority that you are referring to is the
WIFIA program, which has been limited to our ability to work
with non-Federal dam owners----
Mr. DeFazio. Right.
Mr. Connor [continuing]. And work on safety issues. So, I
don't believe--I will doublecheck this--that it extends to
dikes.
Mr. DeFazio. OK.
Mr. Connor. But I need to doublecheck on that. And we are
moving forward with the process of initiating a rulemaking to
implement that authority.
I do think we have authority elsewhere to work on levees
and dikes through maybe the emergency response program or
disaster preparedness program, but I will let General Spellmon
correct me----
General Spellmon. No, no, sir, you have it exactly.
Sir, I would have to go back and doublecheck whether or not
the water infrastructure program, or WIFIA, applies to dikes.
But we do have other authorities, as you know, where we can
help out non-Federal entities on the maintenance and repair of
those structures.
Mr. DeFazio. Oh, good. OK, thank you. I thank you both for
your testimony.
Madam Chair, I yield back.
Mrs. Napolitano. Thank you, Mr. DeFazio.
Mr. Rouzer, you are recognized.
Mr. Rouzer. Thank you, Madam Chair, and thank you again to
our witnesses for being here. I appreciate your work for the
country very much.
I have got a couple of questions with regard to my
district, specifically. But before I get to that, with the
passage of the bipartisan infrastructure bill this last year,
several agencies, including the Corps, obviously, received
funding to advance infrastructure projects across the country.
However, despite this push for infrastructure, of course,
projects still face significant bureaucratic and permitting
hurdles that can cause years of delays.
How is the Corps working to implement this legislation and
create efficiencies in its processes to expedite critical
infrastructure projects?
General Spellmon. Sure, I will start. So, we recently
renewed 57 nationwide permits, following extensive feedback
from the public, and that will certainly enable accelerated
delivery of projects with all the appropriate safeguards for
the environment. We acknowledge we have more work to do on that
front, and we are wide open to any additional recommendations
that we get from the administration or Members of Congress.
So, I would just highlight that as one example on how we
are working hard to get these projects in the ground.
Mr. Connor. And I would just add to that there has been a
lot of changes in the regulatory world, as we all know, and I
am sure will be discussed more today.
So, I think--I appreciate the fact, stepping into this
role, that the Corps' primary goal has been regulatory
certainty and efficiency in which it carries out its regulatory
actions. And I see that with the nationwide permits that
General Spellmon referred to, and we will be seeking to do that
as we move forward with ``waters of the U.S.'' and other
regulatory changes that we need to deal with, that we need to
go through the processes to get to some durable rules and
regulatory certainty, so people can do their business.
Mr. Rouzer. I am coming back to that in more detail later.
General Spellmon, the coastal storm risk management project
at Wrightsville Beach, which I know you are very familiar with,
has existed and received assistance from the Army Corps since
1986. During that time, as you know, that particular beach has
used the same bar site for its sand. But due to a recent rule
change at the Department of the Interior, the Corps can no
longer use that historic bar site, and will have to go offshore
for that necessary sand.
Will the Corps have an offshore bar site identified and
ready to be permitted before the 2022/2023 project season? What
is your analysis of that?
General Spellmon. Yes, sir. So, in short, the answer is
yes, sir. We are going through the permitting action now for
that offshore borrow site. We expect to have that permit
complete by September of this year, which will allow us, in
turn, to do a quick contracting action to get after that work.
Mr. Rouzer. As you are also aware, the Army Corps had
previously worked with the towns of North Topsail Beach and
Surf City to establish a coastal storm risk management project.
The planning for this project went through many phases and had
multiple cost estimates over the years. But the bottom line is
that pricetag was high enough to where the town of North
Topsail decided to withdraw.
So, the bottom-line question: is the Corps able to move
forward with this project, despite the town of North Topsail
removing itself?
And if not, what steps are going to be necessary to ensure
that Surf City has what it needs?
General Spellmon. Yes, sir. So, my staff is completing now
what we call a validation report. My discretionary authority on
this project, a project that Congress authorized, is I can move
forward as long as there is not about a 20-percent change in
scope. And so, that is what we are validating right now. If it
is not 20 percent, sir, we will move out. Congress was
generous, and fully funded that project in the Defense Recovery
Act of 2019, and I understand North Topsail Beach, for their
portion of the bridge, they are moving forward under a FEMA
program to seek the funds to implement the project on their
beach.
Mr. Rouzer. How soon do you think all that can be done?
General Spellmon. Yes, sir, so, I should have the
validation report complete in March of this year, and then we
are ready to move forward. And as I said, this has been fully
funded, and it is just a matter of getting it under contract.
Mr. Rouzer. Thank you. Since the enactment of WRDA 2020,
the committee has received 14 Chief's Reports for potential
projects, and certainly we appreciate the good work done by the
Corps to get those completed and submitted.
Do you have an estimate of how many more we can expect, and
when we can expect them, especially before completion of the
next WRDA?
General Spellmon. Congressman, we are at 14 now, as you
mentioned. I have seven more that I will sign before May of
this year that I am--high confidence we will get those into
WRDA 2022. And then, on top of that, there are another seven
that we are working to pull to the left, so that we can get
them in front of you for consideration.
So, sir, it may be upwards of 28.
Mr. Rouzer. What about Post-Authorization Change Reports?
General Spellmon. Sir, I have that number, and I will
follow up with you and get you that.
Mr. Rouzer. Is there anything else that the committee
should expect to receive that we don't know about at the
moment?
General Spellmon. Sir, we have completed hundreds of
legislative drafting services. Those continue to come in. And,
of course, we are always open to discussing any recommendations
or tools that the Corps or the Secretary would like to see that
would better enable us to deliver on this massive program that
you have trusted us with.
Mr. Rouzer. Thank you, Madam Chair. I yield back.
Mrs. Napolitano. Thank you, Mr. Rouzer. I will now
recognize myself for 5 minutes.
This will be the first WRDA from the Biden administration,
and we have heard that the Corps now has plenty of funding
towards the missions.
Mr. Connor and General Spellmon, what are the priorities of
the administration and the Army Corps of Engineers for the
Water Resources Development Act of 2022?
Mr. Connor. I will take a first cut at that, Madam Chair.
Obviously, in the set of priorities that we have are those
identified in the 7001 Reports. The one that you noted was
moved forward and sent to Congress last November, and we are
working on one for fiscal year 2022, as you noted in your
opening comments. So, we are working expeditiously to get that
report up to Congress.
Beyond that, we are looking at opportunities to further the
administration's priorities, and those are to enhance our
ability to build resilience with respect to our projects,
activities, to enhance environmental justice, and our ability
to move forward with economically disadvantaged and rural
communities, as well as moving forward in our role in helping
facilitate the Nation's supply chain, and dealing with those
issues.
Now, there are a lot of provisions that we are in the midst
of implementing from WRDA 2020 in those areas. I think the
bipartisan bill that was put together really moved forward a
number of those initiatives.
We have got some specific thoughts on other opportunities,
particularly working with Tribal communities, but I will turn
it over to General Spellmon, as this is a tag team, as you
know.
General Spellmon. Yes, ma'am, Madam Chairwoman, I would say
our priorities in the Corps are those of Mr. Connor and the
administration.
I would just say, specifically for execution, my priority
for the U.S. Army Corps of Engineers is to employ the tools and
authorities that you have given us in this upcoming WRDA and
previous WRDAs to the maximum effect, and that we safely
deliver quality projects on time and within budget. And, as Mr.
Connor said, we think there are a number of tools that the
committee could consider that would enable us in this WRDA to
do that even better.
Mr. Connor. Can I just add to that?
We have talked about it, and I think Chairman DeFazio
mentioned this. We need to be innovative in our approach to
deal with the challenges that we have in the area of water
resources, and all the range of our programs. And a lot of that
is driven by a changing climate.
But as General Spellmon noted, the volume of work that is
expected of this agency, which we welcome, requires innovation
in how we approach that work. And the tools, from contracting
to hiring, that help us carry that out, I think, is an area
that we are looking at very closely. And Congress is doing its
role, not just with the volume of resources, but the innovation
with respect to the trust funds, the Inland Waterways Trust
Fund and Harbor Maintenance Trust Fund, and we very much
appreciate the added flexibility and the incentives to use
those funds more.
I think it is a combination of all of these elements where
we have to be innovative.
Mrs. Napolitano. Then does that include checking off for
supply shortages? Will the Army Corps be able to carry out the
projects?
General Spellmon. Ma'am, are you referring to supply chain?
Mr. Connor. Yes, I was--supply chain or water supply?
Mrs. Napolitano. Well, supply chain of equipment and stuff
that you are going to need for your projects.
General Spellmon. So, ma'am, I will just give you a quick
vignette. I had to call the Air Force here about 2 weeks ago on
a MILCON project that we were delayed on, because I could not
get 3-inch screws to hold insulation and metal roofing down on
three KC-46 hangars at Tinker Air Force Base. I have a few
select shortages across the country like that. But thankfully,
I have not experienced that in the Civil Works program so far.
Mrs. Napolitano. Well, then, Mr. Connor, I am glad you are
bringing your experience of Western water issues to the Corps.
You have been working diligently for many years using
reservoirs in the West more effectively for water supply. WRDA
2020 included a provision I authored adding water supply to
your primary mission.
What is the status of this review, and when do you
anticipate being able to share the results?
Mr. Connor. A quick response, and I will turn it over to
General Spellmon for more details.
The report that is due on water supply as a primary mission
function is due in June of this year, and so, we are on track.
I know it is being put together, and we anticipate being able
to deliver that report on the timeline that was identified in
WRDA 2020.
But I do want to talk to your sense, Madam Chair--and we
have worked together a long time on these issues--and knowing
the innovative approaches to water supply, I share that view
completely. I mentioned in my opening comments, I think, I have
been pleasantly surprised in understanding not just the
magnitude of the overall Corps mission, but how it contributes
to addressing water supply and drought in specific watersheds.
And there is a way to do it with respect to how we operate
our reservoirs, how we can better use and move water out, still
rentain that flood control primary responsibility, but move
water in a way that allows--as you know, in southern California
we have done this at a couple of facilities, the deviation,
where we release water, and you can help manage our aquifer
recharge systems. We have done that in New Mexico.
This was a WRDA 2020 provision involving Abiquiu Dam, where
we can look at work needing to be done on another Bureau of
Reclamation facility, El Vado Dam, but how do we make use of
Abiquiu Dam, and space there to help make up that water supply,
to help manage that system to help address the environmental
needs in the Rio Chama in New Mexico.
I think these opportunities are real. They are necessary in
a changing climate. We do have a role in the West.
I will just add one other area. Our environmental
infrastructure program, in my view, has just simply taken off,
with respect to communities understanding the benefits of
working with the Corps to address aquifer recharge, water reuse
needs, adding to water supply, building redundancy as drought
impacts systems like California Bay Delta, as well as Colorado
River. Communities are looking to the Corps to help build
facilities that address those needs.
And so, I will stop there.
Mrs. Napolitano. Thank you very much, Mr. Connor. My time
has long been up. I now recognize Mr. Babin.
Mr. Babin, you are recognized.
Dr. Babin. Yes, ma'am. Thank you very much, Madam
Chairwoman and Ranking Member Rouzer, and thank you to our
witnesses for being here today with us.
Assistant Secretary Connor, welcome to the Office of the
Assistant Secretary of the Army for Civil Works. I look forward
to working with you, now that your nomination has been
confirmed.
I would also like to personally extend an invitation to you
to visit the Greater Houston area as soon as possible to view
some of the great work our ports and the Corps' Galveston
District are doing, working together on projects like the Port
of Houston channel improvement project on the Galveston Bay, to
Sabine's coastal storm risk management and ecosystem
restoration project. And General Spellmon visited last year,
and it helps very much to see firsthand the volume and the
variety of commerce that our port handles for our Nation's
economy.
And General Spellmon, it is great to see you here again. I
would like to thank you for your service to our country, and
commend you on the attention you paid both to my district, 36
Texas, and the State of Texas during your tenure in the Army
Corps of Engineers. And my constituents and I are very happy to
see you in front of us again.
I am pleased that we have the opportunity today to be
kicking off our discussions on the Water Resources Development
Act. In years past, we have had the opportunity to use this
legislation for inland waterway cost share adjustments to
promote capital investment projects, incorporating flood risk
management features in Orange County to mitigate surge
flooding, dredging and widening of the Port at Cedar Bayou,
enhancing the Sabine-Neches Waterway, and expanding, of course,
the Port of Houston Ship Channel. We are very excited to
continue and expand upon this work in WRDA 2022.
As you know, I have the privilege of representing southeast
Texas, from Houston over to Louisiana, to the border, which, in
my district, includes four ports. I am very proud to have
helped lead the effort, alongside other Houston delegation
Members, to see through the successful authorization and
appropriation to dredge and widen the Houston Ship Channel.
And to expound upon that victory, we were able to secure
$19 million and a New Start designation to begin construction
of this incredibly important project. And most recently, the
port and Corps signed a project partnership agreement. This was
a huge win, as the Port of Houston is critical to our Nation's
supply chain, and the number-one ranked port in the Nation in
waterborne tonnage. It sustains 3 million American jobs, $802
million in U.S. economic value, and generates $38 billion in
Federal, State, and local tax revenues.
And with the process having begun to dredge and widen the
channel in Houston, the port has requested approval for the
Corps to maintain the improved channel in Galveston Bay, and
has submitted a package showing that it meets the Corps'
standards for Federal maintenance requirements.
So, Assistant Secretary Connor and General Spellmon, my
question to both of you is this: The port needs a decision from
the Corps and an agreement to maintain the channel before it
can start construction of the next part of our project,
currently scheduled for April 2022, this year. Will you work
with the port to deliver a decision by March, so that it does
not impact the current schedule for construction, and delay our
project?
I was very proud to work with Assistant Secretary R.D.
James on several Texas issues during his tenure, and I look
forward to now working with you both, and continuing to improve
our port and water infrastructure as we explore priorities for
the Water Resources Development Act.
But would you give us, kind of, what your ideas are, and
tell us by March if this can happen?
General Spellmon. Sir, it is General Spellmon. I will
start.
I spoke with Colonel Vail and General Beck earlier this
week that the section 204 package is with the region. We will
expedite. We will get that up to headquarters for our review,
and over to Mr. Connor for his consideration. Sir, I don't have
any issues in meeting the March timeline.
Dr. Babin. Excellent. That is great.
And Mr. Secretary?
Mr. Connor. Absolutely. My goal is to not let things sit
around in my office and on my desk, so, we will work
expeditiously on that package, Congressman, and I appreciate
the invitation. It is on the radar screen, absolutely, to get
down in your neck of the woods. I understand the value and just
the infrastructure, in general. So, I will look forward to
doing that.
Dr. Babin. That is great. Thank you, Mr. Secretary. And
General, I appreciate you coming, as well. So, thank you.
And I will yield back, Madam Chair.
Mrs. Napolitano. Thank you, Mr. Babin. Thank you very much
for your questions. And now we turn to Mr. Huffman.
You are recognized.
Mr. Huffman. Well, thank you very much, Madam Chair, and I
want to thank our administration witnesses for sharing their
priorities for this year's WRDA.
As many others have said, it is great that WRDA is
something that we have been able to do under Democratic and
Republican majorities, under Democratic and Republican
administrations, on a very consistent and timely basis. And we
want to continue that.
So, we have the opportunity in this year's WRDA to build on
the successful bipartisan Infrastructure Investment and Jobs
Act and the historic $17 billion that we have invested in the
Corps of Engineers. We are finally unlocking the Harbor
Maintenance Trust Fund, as Chair DeFazio so eloquently talked
about, increasing investments in our overburdened ports and
waterways.
And so, WRDA 2022 really offers us a great chance to put
those dollars to good use. And in my district we see some
examples of what happens when that Harbor Maintenance Trust
Fund is unlocked, and those dollars are put to good use.
The Petaluma River was silted in, pretty much unnavigable.
The recreation even was difficult. Certainly, commercial
navigation had ground to a halt because this channel had not
been dredged in 17 years. And last year that dredging was
completed, and the river came back to life. There was
commercial navigation, there was recreation all over the place.
We even had a lighted boat parade this holiday season on the
Petaluma River. So, we have seen the kind of transformative
difference it makes when these dollars get to work in our
communities.
And I hope for the 2022 WRDA, the Corps in my district will
prioritize investment in projects like the feasibility study
for raising the dam at Coyote Valley Dam at Lake Mendocino. And
then we have got some other shallow draft dredging needs: the
San Rafael Canal. We need to move forward with phase 2 of the
Hamilton Wetlands restoration project at Bel Marin Keys, and
continue to implement the section 1122 beneficial use pilot
project on the San Francisco Bay.
But thanks to the 2020 WRDA, these increased investments
are really making a difference. And so, I want to focus my
question for Secretary Connor on this.
One of the big challenges we have, even when we unlock the
funding for the Corps to do these projects, is the lack of
dredging capacity on the west coast. We are uniquely dependent
on the Corps itself, because the private fleet just hasn't
provided the kind of assets that you see in other places like
the east coast. The [inaudible] is in drydock getting repairs.
If one of the other few assets that the Corps has is in some
other part of the country, and we have a critical need, we are
just out of luck. If you don't have the equipment, obviously,
these projects just can't happen.
So, Secretary Connor, congratulations on your confirmation.
We are glad you are there, and thanks for being with us today.
But I want to ask you if you have thoughts, now that we have
unlocked the money from the trust fund, what can we do to
address this critical vulnerability that we face on the west
coast?
Mr. Connor. Thank you, Congressman Huffman. I will just
give you my view. In my short tenure, dredging is a new issue
that I have dealt with. I do understand the east coast versus
west coast distinction, the need to maintain our dredging
fleet. Absolutely.
As far as the details, I am going to turn it over to
General Spellmon.
General Spellmon. Sir, if I could just add a few details, I
have the opportunity to meet with the six major CEOs and
presidents of the dredge industry each year. I just met with
them a few weeks ago, right before the holidays.
The investment that Congress is making in our ports and
waterways, it is forcing us to take our coordination, our
scheduling with industry, to a new level. And we are working
hard on that.
Industry is also bringing on new vessels into their fleet
this year. And over the next 5 years they all have capital
investment strategies that they are executing.
But I think, if they were in the room today, they would
also tell you, each of them, that they currently have vessels
tied up to docks around the country. And I think, once we get
the President's budget on the street, once we see the project
approvals for the Infrastructure Investment and Jobs Act and
the [inaudible] supplemental, all those [inaudible] will be
back out in the water, working again.
Mr. Huffman. Would you support specific funding for new
Corps dredge assets on the west coast?
General Spellmon. Sir, we replace our dredge assets with--
we don't come to Congress for that. We have a revolving fund,
our FRP fund, and we are working replacement for each of those
vessels as we speak.
Mr. Huffman. All right. Thank you very much.
I yield back.
Mrs. Napolitano. Well, thank you, Mr. Huffman, thank you
very much.
Ms. Johnson of Texas, you are recognized.
Ms. Johnson of Texas. Thank you very much, and let me
express my appreciation for you holding this meeting today.
It has been most encouraging to have worked closely over
the years with the Corps of Engineers in the north Texas
district office. Texas is a massive State, and I have a
residence in a very dry area, although we are coastal several
hundred miles away, and so, we have to worry about flooding.
And so, it has been encouraging, actually, to have worked
closely over the years with the Corps of Engineers as we have
addressed various areas at times, and areas for flooding that
includes such projects as the Dallas Floodway, to stem the
flooding in Lewisville Lake, and stop flooding and mudslides in
Joe Pool Lake. So, I just wanted to express my appreciation.
We are now also pleased about the Dallas Water Gardens, an
outstanding flood mitigation and stormwater runoff project that
I am working to try to get help and funding for.
But we also have a unique study going on now, where we have
brought all the stakeholders at every level of Government
together to look at what we can do together to prevent
flooding, which includes our Corps, because our Corps of
Engineers are instructed, for the most part, to clean up after
floods. But I am very appreciative of the north Texas staff
making sure that they are involved, because if we can prevent
flooding, we save a lot of money and a lot of loss.
And so, I guess what I want to ask them today is, are they
aware of the progress we are making in that study group?
General Spellmon. Ma'am----
Ms. Johnson of Texas. The flood prevention.
General Spellmon. Ma'am, I will start. As you know, you are
referring to the Upper Trinity watershed study.
We know we need a New Start authority and funding to
proceed on that formally. But what we are doing to lean ahead,
we are using authority under our flood plain management
services to build the models now that will allow us to do the
analysis when we receive that New Start and funding to do the
actual--we are not standing by, waiting. We are using the tools
we have, and the authorities we have now to move our very
important work, as you have described.
Ms. Johnson of Texas. Well, thank you very much.
I have no further questions, Madam Chair. I want to just
express my appreciation for them staying in touch and working
with us in this unique area. I yield back.
Mrs. Napolitano. Thank you, Ms. Johnson.
Now, I am sorry, but I must have skipped over a couple of
folks. Mr. Garret Graves, I am sorry. You are next, and then
followed by Mr. Bost.
Mr. Graves of Louisiana. Thank you, Madam Chair. I hope
that wasn't indicative of our relationship.
I want to thank the witnesses for testimony today. We have
a number of issues that I wanted to try and cover. And so, I
would just ask you if you could please try and keep answers
concise, that would be helpful.
So, first, we have a number of projects that I have had the
opportunity to speak with both of you about, and I appreciate
you all's efforts. But the Comite project, which is north of
Baton Rouge, and the West Shore project in the river parishes
in south Louisiana, both of these projects have had schedule
slippage issues, some of them related to real estate
acquisition. So, I am not saying that this is entirely the
Corps of Engineers' fault. In some cases, this is the State of
Louisiana's fault for land acquisition. I just want to ask both
of you, please keep this on the front burner. These projects--
one of them dates back to the early 1970s; the other one, the
early 1980s. These are the types of projects that I think give
the Corps of Engineers a bad name. They must be prioritized and
move forward.
I have a question related to the hurricane supplemental.
Again, we have discussed this, but significant funds were
provided in that legislation. We believe that a few billion
dollars is ultimately going to be invested to address many of
the recovery issues, like debris removal and dredging of
navigation channels, as well as building some of the resilience
projects. Those funds have been in the bank now for, I think,
104 days. We have not had an allocation. I just wanted to push
you again on getting an answer there.
Mr. Connor. Absolutely. Real quick, Congressman, we have
been looking at that, in conjunction with the workplan we are
doing with IIJA, trying to manage all this. It is very much on
the front burner now. I think you will be hearing very soon on
the disaster supplemental and the investments in Louisiana.
Mr. Graves of Louisiana. Secretary, thank you. I just want
to remind you on this one that those funds have really been
limited in scope. And so, it is not like you are out there
having the opportunity to do things all over the country. These
projects are specifically tied back to Hurricane Ida. And so, I
just remind you that there shouldn't be a ton of discretion
that is exercised in this case.
Another one I wanted to talk about is section 213 of WRDA
2020. We did a Lower Mississippi River management study, and
you all are both very familiar with the challenges we have had
with managing water in the Mississippi River system, draining
Montana, New York, Canadian provinces, and the challenges that
that has caused throughout the entire Mississippi River Basin.
The Lower Mississippi River comprehensive study--again,
section 213 of 2020 WRDA, the way that the Corps has
interpreted it, you now have seven non-Federal sponsors, seven
States, from Kentucky and Missouri down to Louisiana, including
my friend, Mr. Westerman from Arkansas.
As you know, having one non-Federal sponsor is complex
enough, coming up with an interpretation that requires a non-
Federal cost share. And seven non-Federal sponsors, we know
that that, effectively, is going to prevent this from moving
forward. It is a critical study that is going to complement the
upper basin. And I just wanted to ask if you all could take
another look at this, and take ownership over this study.
General Spellmon. Sir, I will start. This is a cost-shared
study, as we interpreted it. And talking to Colonel Murphy and
his leadership down here, we did this twice successfully last
year. It wasn't seven States, but it was four, on what is often
a contentious river basin, on the Lower Missouri River Basin,
both on a navigation study that we stepped up on, and a flood
risk management study.
But again, we have everyone at the table now, and that
study is moving forward, and I think it is equally important on
this particular study that we do the same.
Mr. Graves of Louisiana. Thank you, General.
Another issue, cross crediting--and I am just going to
combine two of them here in my last minute. There are two
issues that I probably could go back, rewind films from
previous hearings over the past 5 years, and replay them over
and over and over again.
One of them, starting back in WRDA 2007 and title 7, we did
cross-crediting. We basically said all these projects in this
basin, if you overpay on one, underpay on another, you can
cross credit, because all of these projects are symbiotic.
Language dates back to 2007. There were some perfections that
were done to it in 2014, as I recall, and we still have been
unable to actually utilize that provision of law dating back to
2007.
Similarly, nonstandard estates, this requirement by the
Corps of Engineers that you have to buy land in fee title, when
you may have property owners that are willing to donate a
project easement, thereby reducing the cost and expediting the
ability of the project to move forward.
Both of these provisions have been stalled through
interpretive issues. I just want to ask you all to please take
a look at these, get these issues resolved. We need to stop
talking about them and start turning dirt.
Mr. Connor. Absolutely, you have my commitment. These land
issues that are coming up, even in my short tenure in a number
of different areas, definitely looking into that.
Mr. Graves of Louisiana. Mr. Secretary, thank you.
Look, I just want to reiterate these are mostly for
ecological restoration projects, and we have people willing to
donate the project easement. And so, it reduces cost and
expedites timeframes, so, I would really appreciate that.
And I want to thank you both for your efforts.
Madam Chair, thank you, and yield back.
[Pause.]
Mrs. Napolitano. I am sorry, gentlemen, I was muted.
Mr. Graves, thank you very much.
Mr. Bost, you are on, followed by Mr. Garamendi and then
Mr. LaMalfa.
Mr. Bost. Thank you, Madam Chair.
Secretary Connor, in your testimony, you mentioned the
importance of reliance quite a bit on that much of the water
resources that the Corps works on are in need of upgrades and
investment. In my district, the Jerry F. Costello Lock and Dam
is part of the Upper Mississippi River 9-foot navigation
project, and plays a vital role in the economic competitiveness
of the region. The area acts as a main thoroughfare for
agriculture and manufactured goods to get to market. The local
community estimates that an additional 3 million tons of goods
will be shipped on the Kaskaskia River over the next 5 years.
The lock and dam will turn 50 years old in 2024.
In anticipation of that, to prepare for the next 50 years,
I would like to get a commitment from you that we are going to
work to conduct a comprehensive review of the system to look at
the potential for economic benefit to increasing the water
levels from the 9-foot level to the 11-foot level. Can I get
that commitment from you?
Mr. Connor. I am happy to work with you on analyzing that.
That is not an issue I am familiar with, I will say really
quickly. That was my first trip, and getting out on the inland
waterways system, spending some time on locks and dams, I
absolutely recognize and agree with you the importance of the
Nation's supply chain, and particularly reliability of the
system, maximizing its use, has many benefits. I am happy to
jump in and work with you on that particular issue, but let me
do some homework.
Mr. Bost. OK, and I appreciate that.
And the next issue I want to ask you about is also
something that needs to be brought to the attention, and that
is the Alton Marina, which is in the northern part of my
district, along the Mississippi River. We have got a problem
there that is just becoming too common.
The area is leased by Alton for the Army Corps purposes to
being a marina. But unfortunately, the Army Corps has conveyed
to the local community that they will not allow the water
levels to rise sufficiently for the area to be used as a
marina. It has been used, and all of a sudden they have changed
their process by which they are keeping the water levels.
The Corps has stated that there is a concern of a minor
flooding of the State IDNR land if the water levels are to
rise. I believe that there can be a reasonable solution to
allow for navigation and recreation of this area. And I would
like to see if you can commit to work with me on that problem,
as well.
General Spellmon. Sir, this is General Spellmon. I am not
familiar with this one, but I will follow up right after this
hearing to get into the details. Yes, sir, you have our
commitment to work with you on a solution.
Mr. Bost. That marina is vitally important for a stop-off
midway between people traveling from the gulf on into the Great
Lakes area. And this is the importance of that marina.
General Spellmon. Yes, sir.
Mr. Bost. So, at any rate, commodities transported on the
Upper Mississippi River system come from a variety of
industries throughout the entire system. Roughly 30 percent of
the commodities needed to invest in our Nation's infrastructure
travel on the inland waterways system.
Secretary Connor, you are aware of the December letter to
your office that was sent and received, signed by more than 50
bipartisan Members of both the House and the Senate, urging
immediate construction start of lock 25, not to mention
countless other letters to support--the year since then, and
since 2007.
General Spellmon, can you please explain to the committee
the impact of putting lock 25 in place, and what we can see for
the future for moving larger amounts of goods up and down the
Mississippi River?
General Spellmon. Yes, sir. I have been out to this project
and several more on the system, and I acknowledge the
importance of this particular suite of projects to
transportation in your region.
As you know, sir, we are in design. This is part of the
navigation-ecosystem program that we are in design for the
improvements at lock and dam 25, as well as additional mooring
cells, and the accompanying ecosystem restoration that goes
along with that particular set of projects.
Sir, I believe you know we are tracking, we need a New
Start authority to move forward with this, but we will continue
to do everything we can with the design dollars that you have
given us, so that we are ready to move forward to construction
as quickly as possible.
Mr. Bost. I appreciate that. And the people in our area
appreciate that, as well. We know the importance of moving
those goods up and down the Mississippi River.
There is another concern that I have got out there, but I
have got a short time with that, and that is the fact that we
still have the navigational problems that are occurring from a
flood that blew out the levee for a system down in the deep
southern part of my district. But I will talk to you about that
later, because my time has expired.
And with that, Madam Chair, I yield back.
Mrs. Napolitano. Thank you very much, Mr. Bost. Next we
have Mr. Garamendi, followed by Mr. LaMalfa, and then Mr.
Malinowski.
Mr. Garamendi?
Mr. Garamendi. Well, thank you, Madam Chair. This is a
question for Secretary Connor.
President Biden's Executive Order 14005, ensuring the
future is made in all of America by all of America's workers,
directs all Federal agencies to fully implement our Nation's
Buy America requirement for federally funded infrastructure
projects. For Civil Works projects carried out by the Corps,
the Buy American Act clearly applies. However, it seems that
projects carried out under the Corps' section 1014 and section
1043--these are the non-Federal implementation authorities for
which the non-Federal sponsor acts as the contracting agent on
behalf of the Corps--these, apparently and inadvertently, are
loopholes to the Buy American Act.
So, this is a question, Secretary Connor. Will the Army
Corps commit to fully implementing the President's Executive
order to apply the Buy American Act to projects carried out
under these non-Federal implementation authorities?
And if you do not have the authorities, please clearly
state so, so that we might correct this in the new WRDA.
Secretary Connor?
Mr. Connor. Thank you, Congressman Garamendi. Yes,
absolutely. We are going to work and move forward, consistent
with the President's Executive order. I am not familiar with
these two particular sections. Maybe General Spellmon is. But I
will certainly take a look at that, in response to you raising
the issue.
General Spellmon. Sir, my understanding is a non-Federal
sponsor, whether under section 1043 or a cost share agreement,
has to follow all of the Federal acquisition regulations, but
we will go back and doublecheck that there is not a loophole
here on these two authorities.
Mr. Garamendi. Please do, and thank you very much. We
believe that this is not being implemented, and it certainly
should be. And if you don't have the authority, well, then that
is our job.
Let's see, another question here to Secretary Connor.
Secretary Connor, Congress has provided many Federal
agencies, including the Army Corps of Engineers, other
transactional authority, OTA, to expand the Government's access
to innovative projects taking place in the private sector,
overcoming some of the rigidity in the Federal acquisition
process. The Army Corps of Engineers has OTA, other
transactional authority, for its military missions. And I thank
General Spellmon for the implementation of some of those
projects in my district.
However, the Corps has concluded it lacks the authority to
use the OTA for its Civil Works missions. If that is the case,
we must correct it. And so, this goes to Secretary Connor and
to Spellmon.
What is the situation, and what is your view?
And if it is not your authority, then we need to correct
that.
General Spellmon. Sir, this is a General Spellmon. I will
start.
So, the DoD authority that you are referring to, the other
transactional authority, that allows us to carry out certain
prototype projects, certain research projects, and certain
production projects. And there are cases, as you mentioned, in
our MILCON program, where a project fits that category.
I am not exactly sure of the application in the Civil Works
program, but I will tell you we are absolutely open to this
discussion, and any tool that allows us to deliver more
effectively. We would like to do more research and homework on
this one, sir.
Mr. Garamendi. Then this is really for our committee. This
is really an important thing. We use it extensively in the
military construction projects for which--responsible in the
Armed Services Committee. It really should apply for Civil
Works, also.
Within the Sacramento River Basin, Secretary Connor and
General Spellmon, Congresswoman Matsui and I secured section
209 of the 2020 WRDA to put in place the comprehensive study
for the Yolo Bypass just west of Sacramento. That was designed
not just for the bypass, but rather for the entire flood
control system, giving the Corps the authority to look at the
Sacramento River comprehensively, rather than project-by-
project, one-off systems that have been in place for a century.
I bring this to your attention, and I want to urge you to fully
implement this in a comprehensive view of the Sacramento River
flood control system.
General Spellmon, Secretary Connor, if you would care to
respond?
General Spellmon. Sir, I will start. We are absolutely
open, with the non-Federal sponsor, to these discussions on
some of the policy changes that they are asking for.
And sir, you mentioned it, it is all about comprehensive
benefits. We want to do that. They are asking for some upfront
exemptions to 3x3. We can absolutely do that. We are going to
incorporate climate change. They are asking for that and a
couple of others.
Sir, we are ready to step off on this. I think there is a
lot of opportunity here and, once we have that New Start
authority and funding, we are ready to step out on this.
Mr. Connor. And I would just add, as you know, I am very
committed----
Mr. Garamendi. Very good, my----
Mr. Connor. Go ahead, I am sorry.
[Pause.]
Mr. Connor. I was just going to add----
Mr. Garamendi. Please continue.
Mr. Connor [continuing]. Very quickly that, as you know, I
am very familiar with the Yolo Bypass. I think a comprehensive
look at all the benefits that can be associated with that
traditional flood control element is the right way to go. So, I
share General Spellmon's view that we should move forward as
soon as we get the resources----
Mr. Garamendi. A very, very quick comment here. The flood
control districts in the Sacramento, from the Yolo upstream
through the Sutter, are all looking at a comprehensive program
to establish wetlands in those flood plains and in the rice
fields for the benefit of the salmon and the waterfowl
population. It is a very comprehensive program. Some 300,000
acres would be involved in it, probably the largest wetlands
restoration--not probably--definitely the largest wetlands
restoration project in the Nation. I draw it to your attention.
It is an extraordinary opportunity for the Federal Government
and the local agencies to restore the habitat of the Sacramento
River, and do it in a way that maintains the economic activity
in the area.
With that, Madam Chair, I yield back.
Mrs. Napolitano. Thank you, Mr. Garamendi. We will now have
Mr. LaMalfa, followed by Mr. Malinowski, followed by Mr. Mast,
and then Ms. Bourdeaux.
Mr. LaMalfa, you are on.
Mr. LaMalfa. Thank you, Madam Chair, I appreciate it. Thank
you for this hearing today, and the opportunity to speak with
the Corps.
And first I want to commend the work with the Corps in our
neighborhood that Mr. Garamendi and I have shared these years,
on several projects on the Feather River, as well as on the
Sacramento. The Hamilton City levee project has essentially
reached its culmination here. There is still some work to be
done, but we have got flood protection there, as well as,
things are almost all buttoned up on the lower Feather River,
where it flows through Butte, Sutter, and Yuba Counties. And
so, anyway, we are very pleased to see that pretty much nearing
its completion here.
So, with that, Secretary Connor, I want to move over to the
WOTUS situation, the ``waters of the United States,'' and the
rules over that that have changed time and again over recent
years. It has really thrown the rural communities and
agricultural community into a big kind of a tizzy over which
rule it is going to be, as those sectors are affected by that.
So, Secretary Connor, in your confirmation hearings you
talked about the need for some type of clear and enduring
definition, and I have a quote. ``The rule[, Senator,] has
changed so many times over the years that I am not sure the
challenges are going to be any different. We need to have a
clear definition of waters of the U.S., one that is protective,
as it should be, under the Clean Water Act, but one that
provides clarity, and I think, the goal, from what I understand
in embarking upon a new rule is to''--and this is the really
important line you said--``work very closely with the affected
parties under that rule, and so my goal would be to have a
clear rule that has enough level of input that hopefully we can
get out of this litigation cycle and that we can move on with a
rule that is going to be in place for a number of years. That
should be the goal.
``That will do the most, I think, to help the Corps in its
permitting ability and its responsibilities for making
jurisdictional determinations if we have some clarity, and we
have some longevity to the next rule, and that is going to
require some collaboration, working with stakeholders, and I
believe that is the game plan.''
Then the second part of the quote is, ``Durability and
longevity of a new rule will be a very high priority.''
I think those are good things you laid out in your
confirmation. And certainly, as we are looking for clarity, and
not having the rules change again and again, as I think we move
towards a pretty good balance these days in that the affected
parties have input, and we are having a situation where not
every raindrop or every mud puddle is seemingly under the
jurisdiction of the Federal Government.
So, please comment on that, as we have seen the 2020 rule
that has been in place not that long, but certainly starting to
work for rural areas. But touch on that, please, for me.
Mr. Connor. Absolutely. I appreciate you raising this,
Congressman LaMalfa. And, if anything, I am even more committed
to those words that I spoke during my confirmation hearing. We
need a durable rule. We need to calm the waters, not to use a
pun, but with respect to this, and provide the regulatory
certainty that folks need who are the regulated community, and
do so that it is consistent with the protections envisioned by
the Clean Water Act.
And I think, going back initially--and this is the game
plan, as you know--going back initially to pre-2015 WOTUS, the
rules and regulations that were in place then, as modified by
agency guidance pursuant to Supreme Court decisions that had
come out in the early 2000s/mid-2000s, I think provides some
structure and certainty now that people dealt with prior to the
2015 rule, and then the navigable waters protection rule.
So, that is a good start, and then a very methodical,
second-step rulemaking that has been proposed by the
administration that engages deeply with affected communities,
obviously, preserving the agricultural exemptions that are
statutory, but also ensuring that we are doing the right
protections, and hopefully can withstand any litigation, which
I hope doesn't come. That is the goal.
And I have talked to my counterparts at the EPA,
Administrator Regan, Assistant Administrator Fox. I think they
are absolutely committed to that. That is most encouraging, and
that is the reason that I am even more fully committed to those
words that you raised.
Mr. LaMalfa. So, how much change do you anticipate from the
2020 rule, or the move in the direction away from pre-2015? How
are we going to have clarity as we have it today, where, again,
those who are mostly affected are going to see some continuity,
instead of a whole new set of rules that might come within a
year or so?
Mr. Connor. Well, I think--and I need to do more homework
on this because, as you know, it is very, very complicated,
from a legal standpoint. But we had Supreme Court decisions. We
had regulations in place that implemented the responsibilities
under the Clean Water Act, and then we had Supreme Court
decisions that had some certain clarity, and then we had terms
that were incorporated about ``relatively permanent'' and
``significant nexus.'' There was agency guidance moving forward
with those directives from the Supreme Court that the regulated
community and the environmental community seemed to deal with.
And that is the starting point, I think.
And so, people understand what that is, and that is what we
are going back to now. As we move forward in a second round
that has been talked about, as far as the process, that is
going to be the result of engagement. And how far we go in
getting into further details, I think, and interpreting those
terms is something that we are going to have to have an indepth
dialogue about, which is what the administration is committed
to.
Mr. LaMalfa. Thank you.
Mrs. Napolitano. Thank you, Mr. LaMalfa. We now will
proceed to Mr. Malinowski, followed by Mr. Mast, Ms. Bourdeaux,
Mr. Westerman, Mr. Carbajal.
Mr. Malinowski, please proceed.
Mr. Malinowski. Thank you, Madam Chair. Thanks to our
witnesses.
Lieutenant General Spellmon, it is good to see you again.
Assistant Secretary Connor, congratulations on your
confirmation. I look forward to working with you, as well.
Lieutenant General Spellmon, you and I have spoken several
times, as you know, over the years about the Rahway River flood
risk management study in New Jersey. I represent some of the
towns in New Jersey that were hardest hit by Tropical Storm
Ida, which claimed the lives of 30 people in my State, and made
clear once again the urgent need to protect the people, the
homes, the businesses in and around the Rahway River watershed.
You are a Jersey native. We have discussed in previous
meetings this issue. I know that you are very familiar with
this area. And while I am very proud of the work that we have
done with FEMA to deliver hundreds of millions of dollars in
assistance to more than 80,000 households in New Jersey that
were affected by the storm, I am troubled that so much of our
State remains vulnerable to the next inevitable big storm.
Now, turning to WRDA, as you know, the 2020 bill nullified
the Corps' termination of the Rahway study, and ordered the
Corps to identify and expedite an acceptable way forward. So,
the project should now be back on track. It is back with the
Corps' New York District, where we think it belongs, and we are
very grateful for that move. And in the guidance that the Corps
issued back in August related to implementation of the Rahway
provision in WRDA 2020, you acknowledged that you had the funds
in place to proceed with the resumption of the study.
So, Lieutenant General Spellmon--Assistant Secretary
Connor, feel free to weigh in, as well--can you commit once
again to work cooperatively with the local affected communities
to bring about an acceptable solution, and to do so with the
urgency that is required?
As you know, it is not if, but when, another devastating
storm will hit this area.
General Spellmon. Sir, I will start. This is General
Spellmon.
We have $800,000 on hand for the Federal portion, and we
are ready to step out and move out on this study. We are
working with New Jersey Department of Environmental Protection.
They are lining up their dollars, sir, for the non-Federal
portion of this. And with that we will sign a Federal cost
sharing agreement.
We do get the urgency, sir, given what Ida did to your
district and that part of the region, and you have our
commitment to work hard with the non-Federal sponsors to get to
an acceptable solution.
Mr. Malinowski. Thank you so much. And I know that getting
to a solution requires all the stakeholders to be at the table,
and to be part of that solution, that our local governments
also need to work with you to get to that spot. But I am very
grateful for your commitment.
A question on a slightly different issue. Section 128 of
WRDA 2020 created the harmful algal bloom demonstration
program, and it directs the Corps to detect, prevent, treat,
and eliminate harmful algal blooms. New Jersey is designated in
the law as one of the focus areas for the program, which is, we
think, very, very appropriate, because we have seen water
bodies throughout New Jersey, including in the Lake Hopatcong
and Budd Lake in my district, really badly affected by this
phenomenon.
So, I wanted to ask you both if you can offer any status
update on the Corps' implementation of that specific provision.
General Spellmon. Sir, this is General Spellmon. We
received the Secretary's implementation guidance for this
provision last night. We are excited.
Again, this is opportunity. We have great work ongoing on
this front in Florida, on Lake Okeechobee. We have it in New
York, up on Lake Champlain. Ongoing in Ohio, on Lake Erie. I
look forward to applying this work on the inland and coastal
waters of New Jersey, as well.
Mr. Malinowski. Fantastic, thank you so much.
I yield back, Madam Chair.
Mrs. Napolitano. Thank you, Mr. Malinowski. Thank you very
much.
Mr. Mast, followed by Ms. Bourdeaux, Mr. Westerman, and Mr.
Carbajal.
Mr. Mast, you may proceed.
Mr. Mast. Thank you, Chairwoman.
Thank you both for your testimony today.
General, we are going to continue on Lake Okeechobee,
continue on a debate, a conversation that we were having this
summer, and hopefully get to a place that we can work on
something in the next WRDA bill that can help both Lake
Okeechobee and help the soldiers and civilians that are working
for the U.S. Army Corps of Engineers.
I asked you a very pointed question last summer, General.
Are the soldiers and civilians working at Port Mayaca directly
on top of the toxic water pictured behind me [indicating photo
exhibit], which is off-gassing, and is toxic to a level
sometimes 100 times greater than the threshold of toxic? Are
those civilians and soldiers working directly on top of that,
breathing it in 8-10 hours a day in insufferable conditions,
are they being poisoned?
You answered to me, emphatically, no. Would you like to
recant that statement or change it at all at this time?
General Spellmon. Hey, Congressman Mast, I think what I
told you is, we are going to--I am not a doctor, right? And I
have shared that with you. I am a civil engineer. Sir, we are
going to follow the best advice that we get from the community,
the Florida Department of Health.
I agree with you. I think it is deplorable that my
civilians, my great civilians, my military folks have to work
in these State conditions. But we are going to work harder,
when those conditions materialize at that Port Mayaca, to clean
it up much quicker, much like you did in a marina in your
district.
Mr. Mast. In Pahokee, that is right. General, let's pause
you there. This is important.
You are not a doctor. You are the Chief, the sworn-in Chief
of the U.S. Army Corps of Engineers, a lieutenant general,
three-star general, whose health and safety of all of those
underneath you, that is your responsibility. The question
isn't: Are you doing what the Florida Department of Health
says? The question is, on the table: Are those soldiers and
civilians being poisoned by that situation?
General Spellmon. Sir, I would have to defer to a doctor to
answer that question.
Mr. Mast. Well, you guys actually sent me a letter after
last summer, and you said the EPA indicates the highest risk
for microcystin exposure is through ingestion. That is kind of
like a no-shit statement, right?
Obviously, if you drink something, it is worse than
breathing it in, or touching it, right? You could say the same
thing about alpha radiation, or asbestos, or something else.
So, yes, we can figure that one out.
It also said a direct lie. ``The EPA indicates the health
risks associated with inhalation are very low.'' That is not
what the EPA said. In fact, I got a letter from the EPA saying
that what you sent to me wasn't true. They said you have got to
take that in the right context. And here is their quote: ``The
statement above''--that the health risks associated with
inhalation are low--``is true if stated in the proper
context'': comparing it to ingestion. They are not saying that
the health risks are low. They are just saying it is lower than
ingesting it, again, like we could say about asbestos, or
radiation, or anything else.
I want to ask you a question. You are going off the Florida
Department of Health. That is what you said last summer. That
is what you just said just now. Why is the Department of Health
telling you to have your people wear a mask and gloves if they
are not being poisoned?
General Spellmon. Sir, I--well, let me back up.
First of all, I am not familiar with the letter that you
received from the Environmental Protection Agency. And if your
staff would like to share that with me, I would like to go back
on the record and correct any statement----
Mr. Mast. Done.
General Spellmon [continuing]. That I may have made.
Mr. Mast. You will get it, done.
General Spellmon. Again, I am not a doctor.
I am sorry, sir. Can you repeat your other question? Why
are my folks wearing masks?
Mr. Mast. No, why--listen. If the Florida Department of
Health said--listen, you are following their guidance--``wear a
mask and gloves.'' You said you were following Florida
Department of Health. Why do you have to wear a mask and
gloves, if you are not being poisoned?
General Spellmon. Oh, sir, I am sure it has to do with
precautions, given the conditions that we are forced to work in
in your State.
Mr. Mast. Precautions for what? Don't play stupid. That is
the definition of bureaucratic B.S. that goes on in this place.
Again, you are a three-star general, Chief of the Corps, and
your task is to protect your men and women, among many other
things.
Be protected from what? From being poisoned. Say it.
General Spellmon. No, I am not going to say that. Sir, I
will look at the letters you have been given. I will confer
with the doctors and the experts that you have in the State to
protect our workforce.
Mr. Mast. Protect them from what? Why do they need to wear
a mask and gloves, if they are not being poisoned?
General Spellmon. Sir, you have smelled the algae, and you
have read the reports. You have just quoted them yourself, from
the harmful effects that that has to the people that have to
live and work in these conditions.
Mr. Mast. I didn't tell you the effects of it at all. Why
don't you tell us the effects of it?
General Spellmon. Sir, I----
Mr. Mast. You are the Chief of the Corps. These are your
people. Tell us the effects that it is having on your soldiers
and civilians.
General Spellmon. Yes, sir. So, we work in these
conditions. And as I mentioned to you last night, we are going
to work harder to clean them up when these--when this work----
Mr. Mast. And what is it doing to your people? What is it
doing to your people? Answer that question.
General Spellmon. Sir, I am not aware of it doing
anything----
Mr. Mast. Soldiers in uniform like you, like me,
previously----
Mrs. Napolitano. Time is up, Mr. Mast. Your time is up,
sir. Please submit those questions in writing to the general,
if you would.
Mr. Mast. I ask to submit for the record, Chairwoman.
Mrs. Napolitano. So ordered.
[The information follows:]
Letter of June 2, 2021, from Jaime A. Pinkham, Acting Assistant
Secretary of the Army for Civil Works, Department of the Army,
Submitted for the Record by Hon. Brian J. Mast
Department of the Army,
Office of the Assistant Secretary, Civil Works,
108 Army Pentagon,
Washington, DC 20310-0108,
June 2, 2021.
The Honorable Brian Mast,
United States House of Representatives,
2182 Rayburn House Office Building, Washington, DC 20515.
Dear Representative Mast:
This is in response to your letter dated May 24, 2021, and our
conversation on June 1, 2021, regarding the concerns you outlined to
the former Acting Secretary of the Army John E. Whitley about algal
blooms in Lake Okeechobee, Florida. As discussed during our call, I
followed up with Major General William Graham, U.S. Army Corps of
Engineers Deputy Commanding General for Civil Works and Emergency
Operations.
Both Major General Graham and I share your concern for the health
and safety of our civilian personnel working at Lake Okeechobee and the
Okeechobee Waterway as it relates to exposure to harmful algal blooms
(HABs). The U.S. Army Corps of Engineers (Corps), Jacksonville
District, works with the best available information to protect our
personnel who at times must work in proximity to these blooms while
executing our navigation and flood risk management missions. The U.S.
Environmental Protection Agency (EPA) indicates the highest risk from
microcystin exposure is through ingestion, which is not likely to occur
with our personnel. The EPA also indicates the health risks associated
with inhalation are very low.
Pursuant to the Central and Southern Florida project authorized
under the 1948 Flood Control Act, the Corps operates Lake Okeechobee to
balance multiple project purposes, including for flood risk management.
In executing this mission, the Corps does not control the quality of
the water, which enters or exits the Lake Okeechobee system. Instead,
the Corps works closely with the State of Florida, the lead on water
quality, and its agencies, the South Florida Water Management District,
Florida Department of Environmental Protection, and Florida Department
of Health (FDOH) to monitor algae blooms in Lake Okeechobee and the
Okeechobee Waterway. When blooms are observed, State water quality
sampling takes place on a weekly basis, at a minimum, but oftentimes
sampling is done more frequently. This sampling began in early May
2021.
The Corps South Florida Operations Office (SFOO), which manages
facilities and personnel associated with the lake and waterway,
instituted a process for continual monitoring of the State of Florida
water quality sampling, specifically for toxins exceeding the EPA's
recommended levels for safe recreation activities. When state samples
show an exceedance of those levels, the SFOO coordinates with the local
county's Florida Department of Health offices to share the appropriate
alerts with personnel and visitors using our public facilities.
Additionally, the SFOO takes the following personnel health and
safety precautions related to working around HABs, based upon the
available guidance from the FDOH, EPA, and Centers for Disease Control
and Prevention with the support of the Jacksonville District Safety and
Occupational Health Office:
a. Updates our affected employee position hazard analyses to
include exposure to HABs. The update includes the following recommended
controls, ``Wear rubber gloves and respirator/dust mask (N95) when
working in or near water that appears covered with scum or blue green
algae. Wash hands after bare skin contacts algae. Corps employees
experiencing breathing problems, rash, stomach pain, nausea, or fever
after coming in contact or working near harmful algal blooms should
report symptoms to their supervisor and seek medical treatment.'' This
analysis is reviewed annually with our Corps employees and their
supervisor, and precautions are routinely discussed during project
safety meetings. The Personal Protective Equipment (PPE) identified is
readily available to Corps employees.
b. Provides written guidance to all personnel detailing potential
health risks associated with HABs, encouraging limit of exposure to
mist, remaining inside of an air conditioned building when duties do
not require them to be outside, instructing on the use of PPE, and
practicing good hygiene (e.g., frequent hand washing).
c. HABs and the appropriate precautions are routinely discussed
during project safety meetings including during the occurrence of the
bloom on Lake Okeechobee this year.
The Army is committed to the continued health and safety of its
personnel. The Jacksonville District maintains awareness of the current
best practices for limiting exposure to microcystin to ensure we meet
that goal. We will continue to review and update work practices as
FDOH, EPA, and CDC guidance evolves.
Thank you for your support of the Army Civil Works Program.
Sincerely,
Jaime A. Pinkham,
Acting Assistant Secretary of the Army (Civil Works).
Letter of August 18, 2021, from Radhika Fox, Assistant Administrator,
Office of Water, Environmental Protection Agency, Submitted for the
Record by Hon. Brian J. Mast
United States Environmental Protection Agency,
Office of Water,
Washington, DC 20460,
August 18, 2021.
The Honorable Brian J. Mast,
House of Representatives,
Washington, DC 20515.
Dear Congressman Mast:
Thank you for your July 15, 2021 letter regarding your concerns
about the risks from inhalation of aerosolized toxins from algal blooms
to people working on Florida's waterways, an issue you raised during my
testimony before the Water Resources and Environment Subcommittee on
July 14, 2021. Specifically, you requested that the U.S. Environmental
Protection Agency (EPA or agency) confirm whether the following
statement appropriately characterizes EPA's research on inhalation risk
from algal toxins--
``The [EPA] indicates the health risks associated with
inhalation are very low.''
The statement above is true if stated in the proper context. The
health risks associated with inhalation of cyanotoxins in aerosols
during recreational activities are very low when compared to ingestion.
EPA's conclusion is restricted to our understanding of recreational
exposure. EPA performed an analysis comparing potential oral and
inhalation exposure during recreation (i.e., swimming). EPA previously
published Recommended Recreational Water Quality Criteria and Swimming
Advisories for Microcystins and Cylindrospermopsin which includes an
analysis of the relative exposure levels between ingestion and
inhalation of microcystins associated only with recreational
activities. Based on this recreational exposure comparison, the amount
of aerosolized microcystins that people are expected to inhale during
recreation is estimated to be much lower than the amount incidentally
ingested while swimming. This conclusion is also supported by two other
studies that compared the exposure to aerosolized toxins during
recreational activities like water skiing, jet skiing \1\ and
watercraft use \2\ with exposure from ingestion of water while
swimming. Each of these studies concluded that inhalation exposures are
much lower than incidental ingestion resulting from swimming or limited
contact recreational activities.
---------------------------------------------------------------------------
\1\ Backer LC, McNeel SV, Barber T, Kirkpatrick B, Williams C,
Irvin M, Zhou Y, Johnson TB, Nierenberg K, Aubel M, LePrell R, Chapman
A, Foss A, Corum S, Hill VR, Kieszak SM, and Cheng YS (2010).
Recreational exposure to microcystins during algal blooms in two
California lakes. Toxicon, 55(5), 909-921.
\2\ Butler N, Carlisle J, Kaley KB, and Linville R (2012).
Toxicological Summary and Suggested Action Levels to Reduce Potential
Adverse Health Effects of Six Cyanotoxins. California Waterboards.
---------------------------------------------------------------------------
In your letter, you mention the study of Jang et al. (2020) \3\
that found that toxins, once airborne, can travel up to 10 miles and
linger for hours. The Jang study did not investigate human exposure or
health effects. The purpose of the Jang study was to evaluate the
influence of environmental factors such as sunlight and relative
humidity on the degradation of microcystin in the air. The Jang study
was conducted under controlled conditions and not in the field. EPA
reviewed the Jang study and notes that the spiked concentrations of
microcystins nebulized in the air inside the apparatus used in the
study are several orders of magnitude higher than the published ambient
air concentrations of microcystins in field studies.\1\
---------------------------------------------------------------------------
\3\ Jang, M., Berthold, D., TYu, Z., Silva-Sanchez, C.,
Laughinghouse, H.D., Denslow, N., and Han, S. 2020. Atmospheric
Progression of Microcystins-LR from Cyanobacterial Aerosol.
Environmental Science and Technology Letters, 7(10), 740-745.
---------------------------------------------------------------------------
EPA has identified four available published field studies (Backer
et al., 2008, 2010; Wood and Dietrich, 2011; and Cheng et al., 2007)
that measured recreators' exposure to aerosols containing microcystins
from lakes with dense blooms done to assess human health impacts to
cyanotoxins during real-world conditions. For example, Backer et al.
(2008 and 2010) measured concentrations of toxins in air and human
exposure to cyanotoxins in air droplets using personal air samplers and
nasal swabs from individuals recreating in a lake with a cyanobacterial
bloom. Although the exposures in these studies were short term (i.e., a
few hours during recreational activities), these studies found low
concentrations of microcystins in air, plasma, and nasal swabs and no
health effects associated with inhalation exposure to microcystins.
EPA shares your concern about the potential for health risks
associated with long term inhalation of cyanotoxins in aerosols. EPA
recognizes that microcystins can be present as aerosols in surface
waters and there is the potential for exposure via inhalation to toxins
in contaminated waterbodies. Unfortunately, data on the absorption,
metabolism and distribution in the respiratory system, and elimination
(excretion) of these toxins from the body are not well-understood.
Furthermore, studies of longer duration exposure and health outcomes
are lacking. Therefore, these data gaps preclude the determination of
health risks associated with long term inhalation of cyanotoxins. EPA
is interested in this question and will continue monitoring new
research as it becomes available.
Again, thank you for your letter and your interest in this
important issue. If you have further questions, please contact me or
your staff may contact Denis Borum in the EPA's Office of Congressional
and Intergovernmental Relations.
Sincerely,
Radhika Fox,
Assistant Administrator.
Mrs. Napolitano. Ms. Bourdeaux, followed by Mr. Westerman,
Mr. Carbajal, Mr. Katko, and Mr. Stanton.
Ms. Bourdeaux, you may proceed.
Ms. Bourdeaux. Thank you, Chairwoman Napolitano and Ranking
Member Rouzer, for holding today's hearing.
My district is home to The Water Tower, a nonprofit
organization committed to creating an ecosystem of water
innovation which brings together the public and private sectors
of the water industry, as well as academic and nonprofits to
tackle challenges that the water industry faces. The Water
Tower focuses on applied research, technology, innovation,
workforce development, and community engagement to ensure
access to safe, affordable, and resilient water services.
General Spellmon, in your written testimony you talk about
the Corps' continued need to invest in research and
development, and I was hoping you could elaborate a bit on
that.
What are the current R&D investments that the Corps has
made, and what are priorities for future investments in water
technology?
[Pause.]
Ms. Bourdeaux. General Spellmon, can you all hear me?
General Spellmon. I am sorry, I was on mute.
Ma'am, when you look at the investment that the Corps is
making in research and development, particularly in the Civil
Works program, it is incredibly low. It is about 0.2 of 1
percent of our overall program. And if you compare that with
DoD that is investing 13 percent, or the Army investing 17
percent, Apple investing 4 percent, there--and the reason I am
putting a priority on this is there are challenges, some of our
Nation's toughest challenges right now, that we don't have good
construction solutions for. So, it could be whatever, it is
harmful algal blooms that we were just referring to, it could
be drought, it could be wildfires or the effects of wildfires.
I just think, in order to get to good construction
solutions, we need more investment in research and development.
And I think we have been talking about some of them here.
Forecast-informed reservoir operations is a great example. I
think we have got some great opportunities with harmful algal
blooms in a variety of corners around the country. That is why
I made this an emphasis area, ma'am.
Ms. Bourdeaux. Thank you. And I think that is wonderful.
Do you currently or do you anticipate partnering with
nonprofit organizations and academic institutions as part of
this R&D program?
General Spellmon. Yes, ma'am. So, the budget that we do
receive comes to us in specific line items for very specific
tasks. And you are right, we work with international partners,
we work with academia, and we work with industry on all of
those R&D projects and programs that we do have.
Ms. Bourdeaux. OK. And I am new here, so, I am learning how
all this works. Do these partnerships need congressional
authorization?
Do you need more flexibility in the types of projects that
you all are looking at?
General Spellmon. Ma'am, we don't need any authorizations
for partnerships. Those are natural, and we have all of that.
One of the things that I would like to get to is some more
flexibility in our research and development program, where we
can follow some early successes. Today I don't have the ability
to move from one topic to another to reinforce success. But I
would like to at least have conversations with the committee
and the administration on some ways that we could go about
doing that.
Ms. Bourdeaux. Thank you. A question for Mr. Connor.
In October of 2021, the Army Corps released its Climate
Action Plan as a part of the Biden administration's ongoing
effort to tackle the climate crisis. And one of the three topic
areas was listed as agency efforts to enhance climate literacy
in its management workforce, which talked about the Corps
training its people through working groups, interagency
partnerships, and so forth.
Could you talk a bit about climate literacy when addressing
infrastructure and ecosystem resiliency, and just give us a
little bit more detail? What does this actually mean, that you
would be implementing in terms of a curriculum for your
workforce?
Mr. Connor. Thank you for that question. As I mentioned,
resiliency is at the top of the order with respect to
priorities.
And so, climate literacy, I think, is at every level of the
organization we need to have programs in place to identify
risks to our different infrastructure, our different programs
and activities.
We need to highlight the innovative features that we can
integrate with our projects to address resilience to new
information, new data that describes the risk from climate
change, and take those lessons learned, and disseminate them
throughout the organization.
And then we have to incentivize our folks across the
divisions and districts to look at climate resilience when they
are formulating projects, et cetera. So, we have got to educate
ourselves at the top. We have got to assess the information
that we can gather from the projects that we are already
undertaking. And a lot of this we are doing with our partners
at the local level, who are demanding and wanting the Corps'
involvement specifically to address those risks. And so, they
bring a lot of information to the table.
It is a whole-of-Government--and I just don't mean Federal
Government, I mean with States and local entities--to get that
information disseminated through the organization. It is going
to be an ongoing effort. It is not just a one-and-done training
program. We want to sensitize folks to the need to look at it,
and then it is going to be a continuing education program. That
is the way I see it playing out.
General Spellmon, is----
General Spellmon. Sir, I concur. Sir, I see it exactly that
way, and I think there are--just to pile on, there are plenty
of opportunities here.
Ms. Bourdeaux. OK, I look forward to having more of a
conversation on this, but I recognize I am out of time.
So, thank you, Madam Chairwoman, I yield back.
Mrs. Napolitano. Thank you, Ms. Bourdeaux. We now have Mr.
Westerman, followed by Mr. Carbajal, Mr. Katko, Mr. Stanton,
Miss Gonzalez-Colon.
Mr. Westerman, you are recognized.
Mr. Westerman. Thank you, Madam Chair. It seems like it
wasn't long ago that we were working on what I believe turned
out to be a very good WRDA 2020, and I wish you and Ranking
Member Rouzer all the best, and the committee, as, hopefully,
we work together and come up with another great bipartisan WRDA
2022, and keep the streak going.
Mrs. Napolitano. We miss you.
Mr. Westerman. Pardon me, Madam Chair?
Mrs. Napolitano. We miss you,
Mr. Westerman. I miss you, too. You will have to come back,
and maybe we can do this in person some time.
Mr. Connor, General Spellmon, thank you for your testimony
today.
And Mr. Connor, in your testimony you mentioned briefly
about the Corps and EPA working together on the WOTUS rule. And
I know there was a notice put in the Federal Register back in
November, and it only gave 60 days of comment time. And we have
got all the holidays sandwiched in with that. I think, as of
Monday, there were only about 14 comments. And if we look back
at the Obama administration WOTUS rule, I believe it started
with 90 days, and was actually extended to 7 months.
Is there any talk of extending the comment period, since
this is a much larger, more detailed rule, and I am hearing a
lot of people would like to have more time to comment on it?
Mr. Connor. There has been some discussion. So, it will be
taken under consideration, the request for additional time.
I would note, just continuing the discussion I had earlier,
it is a two-step process. Step 1 is going back to pre-2015
definition of ``waters of the U.S.'' And so, this step is
fairly familiar to folks, as far as what the goal is in
defining ``waters of the U.S.,'' and what the activity is here.
Obviously--and I will go back and check the statistic--I
think I heard a little bit different, with respect to the
number of comments, but you may indeed be right, so, I am
interested in informing myself.
And then the second round is the much deeper dive into a
potential new rule, new from the standpoint of being
promulgated from the ground up.
So, I hear you. I assume your question is actually a
request also for us to give strong consideration, so, I
appreciate that, and will take it under consideration.
Mr. Westerman. Thank you. It almost looks like the EPA may
be driving the timeframe more than the Corps on this one.
General Spellmon, I don't have a lot to ask you, but I do
want to thank you for the work that you have done, and
especially recognize some of your employees in my area, or
other members of the Corps. Colonel Noe has been great to work
with. Unfortunately, he has only got about a year left there in
the Little Rock District.
And this is an issue that--we talk about it a lot, but what
establishes this 3-year term for colonels in the district
commands, and has anybody ever looked at taking that out, and
allowing longer times, or even shorter times, if needed?
General Spellmon. Sir, yes, sir, we have allowed for
shorter times for our colonels, because in many cases we need
to get them out to other assignments so that they can be joint
qualified and, of course, competitive for service in more
senior positions.
Sir, we haven't looked at extending beyond 3 years. We have
a great pipeline of talented officers coming up through the
ranks, and this is all part of their professional development.
We keep our lieutenant colonels in for two, and our colonels in
for three. As you know, they are commanding some of our larger
and more complicated districts.
Mr. Westerman. Thank you. I think that is something that
needs to be looked at.
One final question, a concern I have had from some land
surveyors--and this gets back to the TORN process on, I think,
the way you actually award final contracts. And the question is
just has the Corps heard any complaints from contractors about
the TORN process? Is there any discussion in the Corps about
going back to the pre-March 2020 process?
I know there was a letter in April of 2020, and from what I
am hearing, this is being implemented differently across
different districts.
General Spellmon. Sir, I will take back the consistency
that you mentioned. We are operating differently. We have
worked extensively with industry on this particular matter. But
if there are recommendations from other vendors out there, we
would like to hear them.
Mr. Westerman. Thank you.
And Madam Chair, I yield back.
Mrs. Napolitano. Thank you, Mr. Westerman, very kind of
you. We have Mr. Carbajal next, followed by Mr. Katko, Mr.
Stanton, Miss Gonzalez-Colon, Ms. Norton.
Mr. Carbajal, you may proceed.
Mr. Carbajal. Thank you, Chairwoman Napolitano.
Thank you, Assistant Secretary Connor and Lieutenant
General Spellmon, for being here today and testifying. I
represent the central coast of California, where we have
already experienced the effects of climate change, including
intense drought, increased flooding, and severe wildfires that
have led to a deadly debris flow in my district. We currently
have ongoing Corps' projects that can help reduce these risks,
better protect the environment, and, of course, increase
economic opportunity.
Secretary Connor, the Lower Mission Creek flood control
project in my district began as a partnership between the
county of Santa Barbara and the Corps in the late 1960s. The
county has spent millions of their own dollars, local taxpayer
self-assessments, to complete a portion of this project, but
they have been unable to receive the Federal funds needed to
complete this project, due to a low benefit-cost ratio.
Federal funds have already been authorized to this project
to complete a new general reevaluation report. Would the
administration be supportive of transferring these funds to
update the design cost, estimate, and economics of this
project?
Mr. Connor. Let me provide a kind of initial response,
particularly given the reference to the benefit-cost aspect of
this.
I am not familiar with the specifics of the project. I do
know that the level of risk that you have experienced in
California, from all the factors that you indicated, are
incredibly important, and we need to figure out a way to
address that from communities, from the most affluent to the
least affluent. And from that standpoint, the Corps is already
moving forward in its project formulations and looking at
comprehensive benefits that aren't just driven by a national
economic determination that looks at strict benefit costs. We
are looking at all the values and benefits that can be done.
We have got, moving forward from internal guidance to
formal rulemaking, we have direction in WRDA 2020 to move
forward with agency-specific procedures to implement the
principles and requirements and guidelines that will
institutionalize the look at those benefits, so that we can
select projects based on different factors. So, I am sensitive
to the issue raised.
As far as getting to your specific point, moving money and
approving that for this particular project, I don't know if
General Spellmon has insights on that----
General Spellmon. Sir, I will just say, yes, Congress was
generous in the 2021 workplan. They gave us $500K to step off
on the Post-Authorization Change Report. We are in the
President's budget for 2022 for another $600K that will allow
us to advance that work.
And then, sir, we are having some conversations with our
non-Federal sponsor. To be frank, the NEPA on this project is
about 22 years old, and we are confident we are going to have
to go back and look at some of that. And we are having that
conversation this week and next with our great partners out
there.
Mr. Carbajal. Great. Well, thank you very much for that. I
really appreciate your attention to this important project in
my district, and finally moving it to a full completion. So,
thank you.
Moving on to my next question, the Salinas Dam in San Luis
Obispo County is currently owned by the Corps. It is my
understanding that the Corps of Engineers have continued
discussions and negotiations with the county of San Luis Obispo
regarding the future of Salinas Dam, the associated reservoir,
and other related infrastructure.
It is also my understanding the questions and issues
involved in this process are complex, and will require
significant additional discussions between the Corps of
Engineers and San Luis Obispo County.
Lieutenant General Spellmon, until the county and the Corps
have come to an agreement to transfer ownership, can the Corps
refrain from taking actions that would adversely jeopardize the
county taking ownership?
And what I mean by this is, such as taking administrative
steps associated with the General Services Administration
stepping into the shoes of the Corps as the Federal agency
responsible for disposing of this facility.
General Spellmon. Sir, this is General Spellmon. So, I will
go back and examine my authorities to do a direct transfer to
the county from the Corps, outside of the process that is
outlined in law where I have to work through the General
Services Administration. Let me do some homework on that.
My only goal here is I want to transfer a project with eyes
wide open. I mean, the Army put this project up in 6 months, as
you mentioned, back in 1942. It came to us a few years later. I
just want to make sure we are clear with the county on any
seismic concerns, any structural concerns, or dam safety
concerns, and we hand off in a complete, transparent manner.
But sir, I will do more homework, and we will follow up with
your team.
Mr. Carbajal. Thank you very much. I am out of time.
I yield back, Madam Chair.
Mrs. Napolitano. Thank you very much, Mr. Carbajal.
Mr. Katko, you are recognized.
Mr. Katko. Thank you, Madam Chair. It is good to see you
again, as always, and I am glad to be here with everybody on
the committee.
I would also like to thank Chairwoman Napolitano and
Ranking Member Rouzer for holding today's hearing on the
upcoming Water Resources Development Act of 2022, and I look
forward to working with you both in the coming months as we
develop this legislation. The 2020 WRDA bill was a prime
example of bipartisan cooperation. And I hope that that will be
the case this year, as well.
This legislation is especially important for the community
that I represent in central New York, where we understand the
importance of reliable investments in water infrastructure all
too well.
Specifically, our coastal communities on Lake Ontario have
faced a number of challenges with sustained high water levels,
historic flooding, and deferred maintenance resulting in
significant damage to our aging harbor and shoreline water
infrastructure.
Unfortunately, despite the diligent work and sincere
partnership of our local representatives from the Army Corps of
Engineers Buffalo District, the significant backlog of
maintenance in my district has been underfunded in the Corps'
workplan in recent years. For communities in Oswego, Fair
Haven, and Sodus Bay, the timely completion of Army Corps'
projects can have a major impact on the local community and
economy.
This is one of the reasons I was proud to support the
Infrastructure Investment and Jobs Act, which I think is
critically important, and which provided significant
supplemental funding for Army Corps. I look forward to working
with my colleagues on this committee to ensure those resources
are effectively mobilized to our communities in the months
ahead.
For Mr. Connor, I have a quick question.
WRDA 2020 included language to advance the Great Lakes
coastal resiliency study. This project is not only essential to
my district, but to thousands of communities along all of the
Great Lakes. And I also appreciate that this project was
identified in the President's budget, and I was proud to join
my colleagues in supporting this budget request through the
appropriations process.
Looking to WRDA 2022, the question I have is, are there any
additional Federal authorities that the Corps of Engineers
would like to see in order to help advance the Great Lakes
coastal resiliency study?
Mr. Connor. The short answer is, I am not aware of any new
authorities that we need right now, with respect to the coastal
resilience study, but I would just say that I think I
absolutely agree with you. That is an incredibly important
study, given the dynamics going on with respect to the Great
Lakes necessary across the entire region.
In my first trip to the inland waterways, I did take some
time to spend with our Chicago District and get briefed on the
scope of the Great Lakes coastal resilience study. We will keep
in touch with you with respect to anything the study yields
with respect to needs moving forward, but it is a high priority
to move forward, and get that study up and going with all the
non-Federal partners.
Mr. Katko. Thank you. And as you well know, anybody who
knows anything about the Great Lakes knows that the high water
levels in Superior, Huron, and all those others end up finding
their way towards Lake Ontario. They kind of all funnel their
way there. So, the water levels are at record highs along those
waterways. We can just anticipate them coming our way, as well.
So, working with the International Joint Commission is really
important, as well.
But we have a pressing issue that, Lieutenant General
Spellmon, I would like to talk to you about, and that is in
Fair Haven. And I have spoken to you and others about this in
the past, about the lack of prioritization for recreational
areas as far as Corps of Engineers' projects. And you know in
Fair Haven we have a major problem with one of the walls that
is collapsing, and they did something to try and stem the
problem a little bit, the Corps did, a couple of years ago. But
they also realized they need to rebuild that wall and fix it
the right way. And from what I have heard, the locals are
saying it has collapsed. I don't know if it has or not, but it
sounds like it is in really bad shape.
And I just want to make sure that the Army Corps locally in
the Buffalo area understands the importance of that wall not
collapsing. If that wall collapses, that bay is in real
trouble, and it is going to be hundreds of millions of dollars,
at a minimum, of damage. So, I just hope you give it the
priority it needs, and tell us what you need if you are not
getting everything you need from us.
General Spellmon. Sir, this is General Spellmon. I will
follow up on the wall collapse, and our team will get back with
your staff on any needs that we have.
Mr. Katko. I would appreciate it sooner, rather than later,
because this is--with the ice and everything, and the water
levels where they are now, it is going to be something I hope
we can get addressed this year. We have been trying to get the
Corps to do it the last couple of years, and I know you have a
tremendous backlog, and that backlog is a concern, and I am
worried about some of the bureaucracy that comes along with
those backlogs. But I just hope you could push through it, and
try and get this thing done.
General Spellmon. Yes, sir.
Mr. Katko. All right, thank you.
I yield back, Madam Chair.
Mrs. Napolitano. Thank you, Mr. Katko, very much. Next will
be Mr. Stanton, followed by Miss Gonzalez-Colon, followed by
Ms. Norton, then Mr. Guest.
Mr. Stanton, you are on.
Mr. Stanton. Thank you very much, Madam Chair. Thank you
for holding this important hearing.
And to Assistant Secretary Connor and General Spellmon, it
is good to see both of you again.
General Spellmon, you were last before this committee in
June. And at that time I submitted a series of questions on the
Rio de Flag project in Flagstaff, Arizona. Unfortunately,
nearly 7 months later, we have not yet received a response on
our questions. This is an incredibly important flood control
project in my State. So, obviously, their frustration with the
lack of response to our query.
I expect the Corps to respond to me and all the other
members of this committee in a timely manner. I just want to
stop right here and give you an opportunity to respond.
General Spellmon. Sir, I will go track down your letter as
soon as we adjourn here, and we will get you a response as soon
as possible. I apologize.
Mr. Stanton. I appreciate that greatly. It is important
that, when Members of Congress do provide queries, particularly
after hearings, that we get immediate or timely responses.
Assistant Secretary Connor, I did appreciate our
conversation last month, and one important issue that we
discussed was the importance of Federal investment in
environmental infrastructure to help small, rural, and Tribal
communities address their aging water and wastewater systems.
My top priority is to ensure that the authority I secured for
Arizona in the 2020 WRDA receives the Federal investment it
needs, so that communities can tackle their water
infrastructure challenges.
I appreciate the Corps allocating funds in the fiscal year
2021 workplan to advance the first project under the authority,
a very important water line project for the Pascua Yaqui Tribe.
Great progress is being made on this project that will bring
nonpotable water to the reservation, so the Tribe can conserve
its precious and limited potable water.
To date, more than a dozen communities and the Yavapai-
Apache Nation have expressed interest in this program,
outlining more than $70 million in needed water and wastewater
projects. So, I look forward to working closely with you to
ensure Federal funds are allocated to advance these critically
important projects.
And although Arizona is a desert State, it is no stranger
to flooding, and there are several projects that need the
Corps' support: the Tres Rios ecosystem restoration to help
ensure the Salt and Gila River corridors; feasibility studies
for the Cave Buttes Dam and Agua Fria Trilby Wash to address
dam safety and strengthen flood protection for more than 1
million residents in Maricopa County; and the Little Colorado
at Winslow flood control project, where nearly one-quarter of
residents live in poverty, and critical services, including the
hospital and assisted-living center, emergency services, and
schools, are directly in the 100-year flood plain.
The Bipartisan Infrastructure Law provides the Corps with
substantial resources for investigations, construction, and
environmental infrastructure, and it is my expectation that
Arizona, which hasn't done too well in previous workplans, will
finally see some significant movement and support on these
long-awaited and important projects.
In the time I have remaining I would just open it up for
any comments from you or General Spellmon on these critically
important Arizona projects.
Mr. Connor. So, I will start very quickly, and leave time
for General Spellmon.
As per our conversation--I enjoyed that--obviously, I
understand the risk to Arizona from a water supply perspective,
given your location in the Colorado River Basin and all that
entails.
So, I was impressed at the need and the use that you have
identified for the environmental infrastructure activities, and
it is great to have Arizona added to the 595 program. I was
amazed at, when your staff sent over the list, how much there
is pent-up demand for the use of that EI program in Arizona.
And it just is a result of the risk that is involved in water
supplies.
I would just say I think there is a lot of good work here
in Arizona teed up to get multiple benefits. You are prone to
floods. We need to be looking at that with an eye towards water
supply to address the wholesale risk. So, I look forward to
working with you and your team.
General Spellmon. Sir, I will just quickly add, on EI, we
have 39 projects in the queue, as you said, just over $70
million. We will make our best technical argument if we are
offered a 2022 workplan to advance those projects.
Sir, real quick on Tres Rios, the last time I told you we
had some perception problems with this project. We have aligned
with both the Gila River Indian Community and the city on a way
forward, and we are working to report a capability of $1.8
million next year, so we can advance that PACR and get back to
work out there.
We are making a lot of good progress with the commanders in
the field, with the Federal Railroad Administration and some of
the challenges we have had there, where our Civil Works
projects intersect with railways. I am happy to report progress
there.
And then, sir, we received the Secretary's guidance on--you
remember section 162--leveraging Federal infrastructure for
increased water supply. And I just think, as the Secretary just
said, there are many opportunities in the State of Arizona
where we can put that authority to work.
Mr. Stanton. General, Assistant Secretary, thank you very
much for your good work now, and I look forward to working
closely with you to advance these critically important projects
in the future.
I yield back.
Mrs. Napolitano. Thank you, Mr. Stanton, very much. Miss
Gonzalez-Colon, followed by Ms. Norton, Mr. Guest, Mr.
Lowenthal.
Miss Gonzalez-Colon, you are recognized.
Miss Gonzalez-Colon. Thank you, Madam Chair, and thank you
for holding this hearing. I want to thank Assistant Secretary
Connor and General Spellmon for their presentation today, and
for the work they do for the Corps of Engineers in our Nation.
I will say that the Corps is one of the best resources I
have counted on for Puerto Rico. The Jacksonville District,
with support of many others, has always given us their utmost
support, and I want to congratulate them for that and for all
of the hard work in the past few years. In the face of
disasters, unprecedented levels of funding were approved, and I
am happy to be working to that end. That enabled addressing
projects that have been pending for decades, like Rio Puerto
Nuevo and Rio de la Plata, and immediate needs like the Ports
of Arecibo and Mayaguez, and the coastal communities of Loiza.
But there are still pending major priority projects that
have completed feasibility studies and favorable Chief's
Reports. This includes three critical projects that I was
closely following with your predecessors.
First is the ecosystem restoration of Cano Martin Pena,
which is just a matter of ecological balance, but of security,
of infrastructure, and justice for communities.
The second one is the San Juan Harbor navigation channels
that is strategically essential for supplies of food, fuel, and
industrial supplies in Puerto Rico.
And the Guayanilla flood protection project that will
enable the protection of an entire town that has been impacted
severely by multiple natural disasters.
These and many other projects in towns across the islands,
like [speaking the Spanish names of the towns] just to mention
a few, require attention, and it is my hope that we can soon
hear good news about them, and I look forward to receiving you
in Puerto Rico for that purpose.
Now I do have a couple of questions, and I want to just
make the first of them.
Secretary Connor, in your testimony you mentioned a
proposed rule that will implement a new Federal credit program
to support investment in safety projects to maintain, upgrade,
and repair non-Federal dams. And this is a matter of great
interest, and I will be very willing to support it.
I do understand that you expect this to be approved and put
in effect shortly. And what can we do to make it so?
Mr. Connor. Yes, thank you for the question.
In regards to the WIFIA program, Water Infrastructure
Finance and Innovation Act authority that we have, and it has
been proposed. We are authorized for a broader set of
activities, but the 2021 appropriations bill specifically--and
IIJA, believe--gives resources to move forward with the dam
safety aspect for non-Federal dams. So, we need to move forward
with a rulemaking.
We are working within the administration through the
interagency process to come out with a proposed rulemaking here
in the near future. And so, that will start a public process to
take input, and we will move forward and, hopefully, be able to
finalize that some time midway or late fall this year, with
respect to getting that program in place, and making use of
those resources.
And I will just say I think it is an incredible part of a
resilience strategy that we work with non-Federal partners. The
vast majority of dams throughout the country are non-Federal
dams. This is an important tool as part of an overall
resiliency agenda.
Miss Gonzalez-Colon. Sir, I earlier mentioned some of my
top priorities in Puerto Rico, like the Cano Martin Pena
ecosystem restoration project, and I do know that it is waiting
for a New Start with a local sponsor ready to go.
In recent years we have repeatedly had an increased
ecosystem New Starts included in authorizations and
appropriations, but somehow it never makes the cut. With a new
emphasis on justice for impacted communities, do you expect
there to be more than more than the norm under the
infrastructure plans in the new WRDA?
Mr. Connor. Absolutely. I mean, as I discussed earlier, and
I think it applies to the project that you referenced, Cano
Martin Pena, we need to look at the comprehensive benefits to
communities that will be benefited by the activity that is
being proposed. That is definitely a screen that we are
bringing to the process of evaluating projects for funding in
these various workplans, whether it be what we are looking at
in 2022, IIJA, any flexibility that we have.
So, rest assured that we are not just talking about
priorities, we are trying to implement them in the decisions
that we are making now, as we move forward.
Miss Gonzalez-Colon. Question. In deciding the use of
infrastructure funding, will there be any preference to
projects that are shovel-ready, and where the non-Federal
partners have taken an initiative in moving their part forward?
Mr. Connor. Well, we certainly want to look at, as part of
a mix, the priorities of resilience, environmental justice, and
supply chain issues. But those are laying on top of existing
priorities that the Corps has for life safety, completing
projects, activity that is already in the works. So, we are
kind of looking through all of these historical factors, new
priorities, and making our decisions moving forward.
Mrs. Napolitano. Your time is up, Miss Gonzalez-Colon.
Miss Gonzalez-Colon. Thank you, Madam Chair. I yield back.
Mrs. Napolitano. Thank you very much. Next, we have Ms.
Norton, followed by Mr. Guest, Mr. Lowenthal, Mr. Weber, Mr.
Cohen, and Ms. Wilson.
Ms. Norton, you are recognized.
Ms. Norton. Thank you, Madam Chair, for this really
important hearing. My question is for both of our witnesses,
Assistant Secretary Connor and Lieutenant General Spellmon.
I plan to submit to the new WRDA bill three separate
requests for projects that affect the District of Columbia,
which, of course, is my district. And I would like the
administration's views on each of them: one, to tap new funding
sources for the Washington aqueduct, which produces drinking
water for approximately 1 million people living and working and
visiting the District and Virginia, and includes, of course,
the Capitol and Federal buildings; secondly, to address the
region's vulnerability to water supply loss by identifying
alternative water sources for the customers of the aqueduct;
and my third ask in the WRDA bill will be to address the
flooding on the National Mall, which has suffered severe and
costly floods that have forced Government facilities to close
down.
So, first, let's take tapping new funding sources for the
Washington aqueduct, which produces the drinking water for this
entire region. What is the administration's view on that
project?
General Spellmon. Ma'am, this is General Spellmon, I will
start.
As you know, the aqueduct and our team there, we do not
receive any Federal funding. Our operations are funded by water
rates that are paid by local taxpayers. And ma'am, you have
been out there, and I think the team does a miraculous job, but
you are exactly right, your assessment is exactly right. We
could use some additional funding. Other funding sources would
be greatly helpful to us to maintain what we have, but also
to----
Ms. Norton. So, you have only payer sources now?
General Spellmon. Yes, ma'am. That is correct.
Ms. Norton. Yes. Well, we will have to see if we can get
another source, because the necessity is clear.
And secondly, to address the region's vulnerability to
water supply loss by identifying alternative water sources for
the customers of the aqueduct, what is your view on that?
General Spellmon. Ma'am, the current aqueduct provides the
city and northern Virginia and portions of Maryland only 1 to 2
days of supply of water. That is risky. We have done some high-
level work, where we think we have identified other real estate
that could supply the region upwards of 20 to 30 days of
supply. But that is an extensive feasibility effort that we
would have to undertake first, followed by, obviously, by
construction to put all of the infrastructure in place.
Ms. Norton. Is the feasibility effort underway?
General Spellmon. No, ma'am. We would need an authority,
feasibility study authority, to move out on that effort and, of
course, funding to bring all the right technical folks.
Ms. Norton. God, you don't even have the authority to do
the feasibility study?
General Spellmon. That is right. That is correct.
Ms. Norton. I will make sure you get it.
And staff is with me, so they hear me saying that.
And third, to address the flooding on the National Mall,
which, as you may know, has suffered severe and costly floods
that have even forced several Government facilities close by,
to close down. How do you expect to address that?
General Spellmon. Ma'am, I know we have provided your staff
some legal drafting services on how we might go about this.
This is at the confluence of multiple Federal agencies, and
there is really no one lead Federal agency, something that we
would want to, obviously, designate to move forward on any
effort like this.
Our Baltimore District is using some authorities that we
have under our flood plain management services to look at
previous events that may help inform some mitigation in the
interim before we get the authority and actual guidance to move
forward. This one is a bit complicated, but it can be done.
Ms. Norton. You are moving to get the multiple authority
from--I mean, do you need any help from the Congress?
General Spellmon. Ma'am, I think we would look to the
Congress to appoint a lead Federal agency to step off on the
effort to work with all of the other Federal agencies that are
impacted by this.
Ms. Norton. That is an important recommendation, and I will
see to it that that is done, either through legislation or
through administration.
Thank you very much, Madam Chair. This has been very
helpful to me.
Mrs. Napolitano. Thank you, Ms. Norton. We follow with Mr.
Guest.
You are recognized.
Mr. Guest. Thank you, Madam Chair.
To both of our witnesses, I want to thank you for taking
time to be with us today as we discuss WRDA 2022, and we begin
to look at what that legislation is going to look like going
forward.
I want to talk and direct this question to you, General
Spellmon. In your written testimony you make a statement to
which I strongly agree. On page 4, you state that, ``I feel
strongly that in order to achieve our vision, we will need to
continue to invest in our research and development program. We
are working to further inform our R&D initiatives and
strengthen our partnerships with academic institutions to
benefit from the enormous capacity of our Nation's scientists,
so we will know how best to meet the challenges of the 21st
century. Investments in research and development help us find
solutions for today's and tomorrow's challenges.''
And so, as we talk about research and development, I want
to talk about the Army Corps of Engineers research and
development centers, ERDC. We know that that is an important
part of the research and development that occurs there at the
Army Corps of Engineers. There are actually four ERDC centers
that are spread across the country: one in Alexandria,
Virginia; one in Hanover, New Hampshire; one in Champaign,
Illinois; and one in my home State of Vicksburg, Mississippi.
And I have had a chance to visit the facility there in
Vicksburg, and see firsthand some of the amazing things that
they are doing.
And so, General, I would ask first if you can kind of give
the rest of the committee a brief overview of ERDC and their
mission, and talk about the important role that ERDC plays in
the Army Corps of Engineers.
General Spellmon. Yes, sir. I would say ERDC, a group of
incredibly talented folks that we have that enable us across
all of our mission areas, not only Civil Works, but the work we
do in the military construction, the work that we are doing for
the combatant commanders out in the field, in deployed
locations, as well.
Sir, the comment in my testimony was really geared toward
the Civil Works program, in that we are investing--I believe it
is 0.2 of 1 percent in research and development. And I shared
with others that there are many challenges across the country
today where we don't have a construction solution for, and I
use examples like drought, and harmful algal blooms, and others
where a small investment, I believe, in research and
development on some of these really thorny issues will help us
immensely inform the way ahead in the future.
Mr. Guest. And General, I want to talk a little bit about
funding, particularly of Civil Works. We know that the Civil
Works does not have an individual research, development, test,
and evaluation account, an RDT&E account, but instead relies on
funding through various Civil Works accounts to sustain its
research.
And so, my question is, is it Congress--as we are
continuing to emphasize improving and repairing our aging
infrastructure, as we look to the new challenges, some of the
challenges that you have referred to, what are some of the
advantages of consolidating research funding into a dedicated
RDT&E account?
General Spellmon. Sir, I think it would give our senior
research scientists flexibility to pursue success.
So, today, for example, if we have a success in a harmful
algal bloom demonstration, say down in Florida, we can follow
that success until that line item runs out, right?
If I had a more centralized account, it would enable the
team to pursue that even further, without having to wait for
another budget cycle.
Mr. Guest. And so, if you had a dedicated account, could we
create that consistency of funding? Is that what you are
saying, General?
General Spellmon. Yes, sir. And, of course, it would have
to come with some ground rules on my ability to reprogram,
but--certainly under the oversight of the Secretary and the
administration.
But I just think having that tool would help us move faster
on some of these really thorny issues that the Nation is
wrestling with.
Mr. Guest. And General, as it relates to increased
transparency, if this funding again was in a dedicated RDT&E
account, what effect would that have on transparency?
General Spellmon. Sir, I would be open to any reporting
requirement to the Secretary, to Congress. We would--obviously,
our books would be wide open. But I would be completely
transparent in our management of this particular account, were
it to come through to fruition.
Mr. Guest. And General, wouldn't you agree that, if all
this money were to flow through a single account, that it would
make tracking the spending of these dollars much easier than
now, where this money is flowing through various Civil Works
accounts?
General Spellmon. Yes, sir, that is correct.
Mr. Guest. Well, General, thank you. And I am out of time.
So, at this time I will yield back to the chair.
Mrs. Napolitano. Thank you, Mr. Guest, very much. Mr.
Lowenthal, followed by Mr. Weber, Mr. Cohen, Ms. Wilson.
Mr. Lowenthal, you are recognized.
Mr. Lowenthal. Thank you, Madam Chair, and thank you,
General Spellmon and Secretary Connor, for this very, very
important hearing this morning.
Yesterday I had the good fortune of spending the day at the
Ports of L.A. and Long Beach with Secretary of Transportation
Buttigieg, Secretary Pete, and State officials, Federal
officials, local elected officials, labor, trucking interests,
rail, everyone who is involved in the supply chain and the
congestion at the ports.
And you know, what has happened the last couple of months
is the entire Nation has watched every night on the news the
concerns about congestion at the Ports of Long Beach and Los
Angeles and other ports also, and whether they were going to be
able to get goods for the holiday season, and to be able to
have access to goods this year.
So, we all met with the Secretary to kind of assess where
we are, and how the ports can act more efficiently, and what
they can do. And it was a very productive meeting, because in
many ways, although we have huge congestion problems, we dodged
a bullet this year. Everybody working together, Federal
resources, State, and labor coming together, expanding hours of
operation, the ports were able to operate in a more efficient
way, which is very positive. But there is much more to go, and
we were all thankful.
But the question is, how are we going to ensure that the
ports work in an efficient way? And the Army Corps of Engineers
has a critical role in this.
General Spellmon, my first question is, as you know, in
October of this year you signed a critical report which
recommended significant navigation improvements at the Port of
Long Beach, which is the port that I represent. Currently,
large container vessels are unable to access the port's west
basin, or Pier J Basin, unless they travel only at high tide,
or do not have top cargo capacity. Easing this bottleneck is
one of the solutions to faster operations, less idling, and
lower emissions.
Can you provide some additional background for the
committee on this critical project and its benefits?
General Spellmon. Sir, I had the opportunity to visit the
Port of Long Beach in 2019, and the port authority and our team
out there took me through this extensively, and it is exactly
as you have described.
Sir, I think next steps here, you mentioned the Chief's
Report. That is up for Congress' consideration here in WRDA
2022, and we are hopeful for that authorization.
If we are offered a 2022 workplan, sir, I am going to seek
about $1\1/2\ million, because we want to get moving on
preliminary engineering and design, and we have got to do some
sediment sampling so we can get ready to move to construction.
Mr. Lowenthal. Thank you, General.
I am going to follow up, Secretary Connor, on an issue that
had been raised originally by Chairman DeFazio, and that is
about the Harbor Maintenance Trust Fund resources. WRDA 2020
allowed donor ports, like the Ports of Long Beach and Los
Angeles, to use their Harbor Maintenance Trust Funds for
expanded use, such as dredging of channels in water
infrastructure improvements, berth maintenance, and building
seismic resiliency. You too have seen this, what has taken
place at the ports, and the impact upon our supply chain in the
last few months. And if we don't invest in these critical hubs,
the entire Nation feels the consequences.
Can you touch on what you are doing to make sure that the
Harbor Maintenance Trust Fund resources are invested as
effectively as possible?
Mr. Connor. I am going to have to get General Spellmon's
help on this, somewhat.
But as I mentioned in my response to the chairman,
obviously, this new approach, with respect to incentivizing the
use and taking it off budget, a certain portion of the trust
fund is a critical element. So, our job is to be ready to
expend those funds. What I have learned in my tenure here so
far, $17.1 billion, there is a lot of need out there, more need
than even those resources. And I will talk about the IIJA
resources.
So, the trust fund is an absolute critical part. I have no
doubt that we can make use of those funds. It is an important
part of the tools that we have.
As far as the details for making sure we are implementing
it as quickly as possible, I will turn to General Spellmon.
General Spellmon. Yes, sir. I would just add that the work
that you have done in Congress is forcing that end of your
surplus to come down. We expect it to be $8\1/2\ billion at the
end of this year. That is a lot, but it is much lower than what
it has been, previously. And that just means we are putting
more money to work out in these ports and in these Federal
navigation channels.
And as I mentioned, industry is ready to go with the new
vessels coming online. And certainly, the fleet that we have
out there, even our own Corps fleet, they are ready, excited to
get after this work, and for the opportunities that you have
given us----
Mr. Lowenthal. I have to yield back, as my time is up. I
just want to remind you that I am also talking about the fact
that the changes in the Harbor Maintenance Trust Fund was
also--besides increasing revenues in the fund that the Army
Corps can access, it also really looked at the different
relationship between donor ports and all the receiving ports.
And my ports are donor ports. We like being donor ports, but we
wanted additional flexibility, and that is really what I was
asking for.
Thank you, and I yield back.
Mrs. Napolitano. Thank you, Mr. Lowenthal, for your
testimony. We have Mr. Weber, Mr. Cohen, and Ms. Wilson.
Mr. Weber, you are recognized.
[Pause.]
Mrs. Napolitano. Mr. Weber?
[Pause.]
Mrs. Napolitano. We will go on to Mr. Cohen.
Mr. Cohen, you are recognized.
[Pause.]
Mrs. Napolitano. You have got to unmute, sir.
Mr. Cohen. Unmute. All right, we have got to unmute, so, we
are doing pretty good. Thank you, how are you?
Mrs. Napolitano. Fine, thank you.
Mr. Cohen. I appreciate the opportunity for this committee
and hearing, and I just wanted to make some remarks concerning
our hopes for the bill.
Firstly, in Shelby County and Memphis, the Wolf River is an
important river downtown. In years past, it has been
predominantly industrial. It is our hope that it will become,
and has become, more recreational. There will be an effort--and
we hope that you will work with us on this, of course--to dam
up the Wolf River downtown to create a lake that will be for
boating, and for fishing, and for swimming. And on the east
side, it will be developed some, and it will give Memphis
another attraction for people downtown, where we have large
recreational and tourist priorities.
So, that is one of the issues that will come up, and we
know we have had input from the Army Corps Memphis office. I
feel, as I recall, confident they want to work with us on that,
and I look forward to working with the chairwoman and my fellow
committee members to pursue this, which would require a
deauthorization of part of the river to make the proposed lake
a reality. This will be something that is really forward-
thinking, and the kind of thinking that is making Memphis a
great tourist town and amenity for people who live downtown,
where they didn't in the past, but they have for the last
couple of decades, and becoming more and more residential. So,
that is one thing I wanted to raise, was this Wolf River
situation.
Now I would like to ask Lieutenant General Scott Spellmon a
question, if you don't mind.
The last WRDA cycle was a productive one for inland
waterways in many ways. The committee successfully made changes
to the cost share for new construction projects, increasing the
Corps' ability to reduce the backlog capital investment
projects. The benefits of the change in cost share for new
construction projects were realized in 2018, when the Olmsted
lock was completed 4 years ahead of schedule, and more than
$330 million under budget.
General Spellmon, do you believe this level of efficiency
can be achieved with the funds provided in the Infrastructure
Investment and Jobs Act and full funding from receipts
deposited into the Inland Waterways Trust Fund for all the
projects contained in that 2020 Capital Investment Strategy?
General Spellmon. Sir, I do. I think it is going to allow
us to put more Federal dollars to work sooner, and to get after
some of this much-needed maintenance in your district and,
frankly, across the country.
Mr. Cohen. Thank you, sir. What are the most efficient cost
and construction timelines identified?
General Spellmon. I am sorry, sir, could you repeat the
question?
Mr. Cohen. What are the most efficient cost and
construction timelines that have been identified?
General Spellmon. The most efficient?
Mr. Cohen. Yes, sir, cost and construction timelines.
General Spellmon. Sir, are you referring to a specific
project?
Mr. Cohen. Yes, I guess.
General Spellmon. Sir, I could follow up with your team on
the project that you have in mind.
Mr. Cohen. All right, I will have somebody contact you
about that. We have talked to some folks about it, and it is a
particular lock that we think will be important to the program.
Assistant Secretary Connor, I was proud to join with
Chairman DeFazio in urging the administration to reopen and
reexamine the nationwide permits, and take into consideration
their climate change and environmental justice impacts. While
the Trump administration significantly broadened several of the
nationwide permit applications, the proposed Byhalia pipeline,
which has been withdrawn, fortunately, that was in my district,
and a little bit in Mississippi in Trent Kelly's district,
displayed what can happen if they aren't nearly used as
Congress intended.
Assistant Secretary Connor, my question is, my
understanding is the Army Corps of Engineers recently reissued
40 nationwide permits and 1 new nationwide permit. Can you
describe what kind of stakeholder input and public engagement
the Corps considered before reissuing these permits, and to
what extent environmental justice and climate change impacts
were considered?
Mr. Connor. Yes, thank you, Congressman Cohen. The process
that is involved with respect to the nationwide permits is one
that involves an environmental review under NEPA. That is part
of the overall--so, there is engagement there, but it is a
broad swath of activities that are moved forward with those 40
plus 1, as you identified, nationwide permits. They are good
for 5 years. So, we have to undergo that process, and that
public engagement, and our environmental review processes every
5 years.
But to your point, I think there are issues. There is a lot
of good with respect to these nationwide permits. They
incentivize the protection of ``waters of the U.S.,'' and--by
providing clear parameters of how you can be within the
nationwide permits. So, folks who are in--needing permits can
undertake protective measures to try and follow within those
categories, and reduce the impact. So, that is the good thing.
Having said that, there are concerns about the situation
you particularly mentioned, Byhalia, of how do we engage the
public on activities within those nationwide permits. We are
going to take a look at that, even as I tout nationwide permits
because of the certainty that they provide and the protections
that they provide. We do need to take a look at some of these
activities, even though it does go through the public review
process every 5 years.
So, I am sensitive to the concern that I think you have,
given your experience with the situation, and we will be taking
a look at that.
Mr. Cohen. Thank you.
Mrs. Napolitano. Mr.----
Mr. Cohen. Thank you, Secretary Connor. The nationwide
permit process, in my opinion----
Mrs. Napolitano. Your time is up, Mr. Cohen.
Mr. Cohen [continuing]. Was never meant to be applied to
large projects that have far-reaching, cumulative impacts. And
so, I appreciate working with you in the future, and I think my
time is expired, and I thank the chairwoman for her
graciousness in permitting me to go beyond my time and in my
attire.
Mrs. Napolitano. Thank you, Mr. Cohen. You are very
welcome.
Mr. Cohen. Go, Dodgers.
Mrs. Napolitano. Ms. Wilson, you are next.
Ms. Wilson of Florida. Well, thank you, Madam Chair, I
appreciate it.
And Mr. Connor, I thank you so much for your testimony. As
the administration prepares to release its funding priorities
for the infrastructure bill later this week, I am hopeful for
robust Everglades restoration funding, given its alignment with
the administration's goals. This is a turnkey program that is
historically--and still is today--a strong bipartisan issue
among the Florida delegation.
And I am chair of the Florida Ports Caucus. As a vocal
champion for the Everglades, it is an imperative, it is very
imperative for me, that these projects are completed for the
benefit of Florida and the Nation.
Mr. Connor, please share whether you expect the necessary
administrative steps to be completed for this committee to
consider action on project components for the Western
Everglades restoration project, the Lake Okeechobee watershed
restoration project, and the Indian River Lagoon-South for WRDA
2022.
Mr. Connor. Thank you, Congresswoman.
I would just say really quickly I was in Florida this past
weekend. I spoke at the Everglades Coalition conference. I am
familiar, from my previous tenure at the Department of the
Interior with the restoration program, but the enormity of it,
and the Corps' involvement, and the integration with the local
communities and the local sponsors was very impressive to me.
So, it reenergized the interest and the need to move forward.
With respect to your specific question, the Western
Everglades, I think we are on track to reengage with the
partners, to move forward with the study. I don't know that
there are going to be results in time for WRDA 2022, because of
the temporary delay, and working with the project sponsors, and
moving forward, including the Miccosukee Tribe and Seminole
Tribe. I know there is strong interest. We are going to move
that process forward. I just am not certain that it is going to
have results that will be ready for WRDA 2022.
On the other two studies, Indian Lagoon and Lake
Okeechobee, I would defer to General Spellmon.
General Spellmon. Yes, ma'am. Just very quick, on Indian
River Lagoon, I think you know that we are in the President's
budget for $17 million. And what that is going to allow us to
do is to continue the operational testing and monitoring of the
C-44 Reservoir, which we are filling right now, and looking
forward to continuing construction of both the stormwater
treatment area, C-23, and C-24.
And, ma'am, if you could, remind me of your other project
that you mentioned.
Ms. Wilson of Florida. The Indian River Lagoon-South?
General Spellmon. Yes, ma'am. That is the one I just
mentioned that we are in the budget----
Ms. Wilson of Florida. Oh, the Okeechobee watershed.
General Spellmon. The watershed restoration program. Yes,
ma'am. So, we are working through a number of Tribal concerns,
a number of concerns with South Florida Water Management
District. And I personally have a number of technical concerns
on these aquifer storage recharge wells.
I want to make sure that we have incorporated an
appropriate amount of adaptive monitoring and research and
development before we go out and just execute 55 wells in this
program. But I am fairly confident we will have this ready in
time for WRDA 2022.
Ms. Wilson of Florida. OK, thank you. That is reassuring.
Currently, Miami-Dade County is awaiting a decision on its
locally preferred plan for the Miami-Dade Back Bay coastal
storm risk management feasibility study. As you are aware, this
study began in October 2018, in response to Hurricane Irma, to
identify ways to reduce damage from future storms. Approval of
the waivers will allow the development of a locally preferred
plan to ensure that local concerns on the environment, economy,
and distressed neighborhoods are included in any final plan.
What is the status of this decision and anticipated timing?
Also, please share any information you have on the agency's
position on the county's request.
General Spellmon. Yes, ma'am. This is General Spellmon, I
will start.
So, our non-Federal sponsor came back to us, to be frank,
and was looking for much more investment in natural, nature-
based features in this plan. And we are completely supportive
of that effort. And the non-Federal sponsor is going back now,
and is going to come back to us with the technical piece of
that, and we look forward to seeing the results of that good
work.
I think natural, nature-based features can be an important
part of the eventual solution here for Miami. However, I don't
think we are going to see the level of protection that we would
like to give the city, given climate change, given sea level
rise, and the severity of storms that you experience down in
south Florida.
I believe, in addition to natural, nature-based features,
there is going to be a concrete, steel, and compacted dirt
component to this project, as well, to provide adequate
protection.
Ms. Wilson of Florida. OK, thank you. This is for both Mr.
Connor and Mr. Spellmon.
Just north of Miami is Port Everglades, and the port has--
--
Mrs. Napolitano. Ms. Wilson?
Ms. Wilson of Florida. Yes?
Mrs. Napolitano. Your time is up. If you would, submit
those questions to the gentlemen, please.
Ms. Wilson of Florida. Thank you, Madam Chair. I will
submit this question about Port Everglades, and I hope to get
your commitment to increase this project's authorization in the
upcoming WRDA project.
General Spellmon. We are----
Mrs. Napolitano. Thank you very much, Ms. Wilson.
Ms. Wilson of Florida. I yield back.
Mrs. Napolitano. Mr. Weber, you are recognized.
Mr. Weber of Texas. Thank you, Madam Chair, I appreciate
that, and I am glad to be here, and I want to say
congratulations to Secretary Connor and General Spellmon. We
are glad to see you again. Thank you both for being here.
I actually have kind of a comment to start with, a note of
thanks to both of you all for mentioning in the Chief's Report
for the coastal protection and restoration along the Texas gulf
coast. You all may or may not know my district is the four
coastal counties--now that we have Orange County coming up,
with redistricting--Orange County, Jefferson County, Galveston
County, and the southern half of Missouri County. And so, for
us, the coastal spine, the Ike Dike [inaudible] is extremely
important.
And I would also argue it is extremely important to the
energy industry, because if we get a major hurricane direct hit
up the Houston Ship Channel--and not just the Houston Ship
Channel, anywhere along the area--we would severely hamper
Texas' energy output and, therefore, the Nation's. And it could
even be a very big, large environmental disaster, should we
rupture an oil tank and dump that into the bay. So, thank you
for that.
Gentlemen, you all might be aware of a high priority for me
in the 14th Congressional District of Texas, which is long
overdue: completion of the Galveston Harbor Channel. For
arcane, unknown reasons, whatever, too lengthy to explain here,
this project has been referred to as ``an extension,'' which I
think is an unfortunate misnomer, because we are actually
talking about, quite literally, the last one-half mile--that is
2,600 feet, if you will--needing to deepen the channel to
accommodate that part of the channel where economic activity is
actually taking place. Dredgers are there now. If we could get
the thing funded, we could save probably half of the cost of
the project. So, I am cautiously optimistic that the OMB, the
administration, will see that as an easy win, if you will, for
all parties by simply funding this completion at an extremely
low dollar rate, relatively speaking.
And let me just add that moving ships out of the Houston
Ship Channel, which comes up through Galveston Bay, our
district, moving them over quicker into the Galveston Ship
Channel helps produce a lot better traffic flow in the Houston
Ship Channel.
So, a question for the two of you: Have you all
communicated to the OMB the time sensitivity and the
environmental mitigation that would occur from releasing funds
now, immediately, so that this project, the last half mile of
Galveston Channel, can be completed for half of the cost, while
they are working, dredges are there, rather than considering
this a new project or routine maintenance?
If we get it done now, lots of money to be saved, lots of
benefits. Gentlemen, your thoughts?
I would go to you first, Mr. Secretary. Are you aware of
it?
Mr. Connor. I am aware of the project, in general. I
haven't had any specific communications, but there has been a
lot of communications back and forth as we look at these
workplans that are coming up between the examiner's staff, et
cetera. So, I appreciate you raising it. I just haven't had
specific----
Mr. Weber of Texas. How about you, General Spellmon?
General Spellmon. Sir, what I do know is that we are 95
percent complete with the design for this final half mile.
I will be honest, I don't know the history of why this
final half mile was separate from the original authorization.
Mr. Weber of Texas. Right.
General Spellmon. My team thinks we need a New Start, but
let me go back and do some homework on that to confirm.
Mr. Weber of Texas. Do that, please. I think you will find
that you can't--there is so much bang for the buck, we have
got--we have a very bipartisan letter coming to you all, if you
hadn't already seen it, and Henry Cuellar and some others from
the Texas team, group that have signed on. So, I will get that
to you.
Let me change gears. I have got 1 minute left. You all
should be in receipt of a bipartisan joint delegation letter
that I led with my Texas colleagues regarding the Brazos and
the Colorado lock replacement project on the Gulf Intracoastal
Waterway, which is important to me, my district, and, of
course, the State of Texas.
The existing structure creates navigational challenges that
impact the safety of our mariners on the waterways. And in
fact, these are the most hit locks on the inland waterways
transportation system. Let that sink in. Barges, tugs,
whatever, these locks get hit frequently. And so, to move that
product--and we all hear about problems with supply chains, and
everything that is going on with the economy right now--this is
a time when we can ill afford something like that.
I think this project should compete for the $2\1/2\ billion
that have already been made available in the infrastructure
bill. And furthermore, the 2020 Capital Investment Strategy
recognizes the fact that this project is ready for a New Start,
pending congressional authorization, which it received in WRDA
2020.
So, question: General, how will the Corps update the spend
plan to incorporate projects that have recently received an
authorization, including this one?
General Spellmon. Yes, sir. So, I have been to this lock,
sir, and I have seen some of the abrasions, and the contacts
there on the structure. And you are exactly right. This is a
great project to move forward, and we certainly want to
continue to make our best technical recommendations to the
administration to fund this work.
Mr. Weber of Texas. Well, thank you for that, and I
appreciate that. But congratulations again, both of you all,
glad to see you.
And I yield back, Madam Chair, thank you.
Mrs. Napolitano. Thank you very much, Mr. Weber.
I now ask unanimous consent that the record of today's
hearing remain open until such time as our witnesses have
provided answers to any questions that have been submitted to
them in writing.
And I also ask unanimous consent that the record remain
open for 15 days for any additional comments and information
submitted by the Members or witnesses to be included in the
record of today's hearing.
And without objection, so ordered.
I would like to thank our witnesses, our two witnesses, for
their insightful testimony, and thank our joint staff for their
hard work.
It was a pleasure seeing you, General and Mr. Connor. I
hope to see you again.
If no other Members have----
Mr. Rouzer. Madam Chairman? Madam Chair?
Mrs. Napolitano. Yes?
Mr. Rouzer. Hey, it is David Rouzer here. I ask unanimous
consent to submit for the record a statement by our colleague,
Mr. Van Drew.
Mrs. Napolitano. So ordered.
[Dr. Van Drew's prepared statement follows:]
Prepared Statement of Hon. Jefferson Van Drew, a Representative in
Congress from the State of New Jersey, Submitted for the Record by Hon.
David Rouzer
Good morning, Assistant Secretary Connor and Lieutenant General
Spellmon.
Thank you for appearing before the House Committee on
Transportation and Infrastructure to discuss this year's Water
Resources Development Act.
I represent South Jersey, which includes the Jersey Shore and the
Delaware Bayshore. My district has over 175 miles of coastline. It is
one of the most coastal congressional districts in the entire country.
The coast defines my people's way of life. We depend on the shore
for livelihood, for sustenance, for recreation, and we relish its
natural beauty.
My community has great interest in the projects and policies in the
WRDA legislation.
I work closely with the Army Corps of Engineers Philadelphia
District. The Corps is one of the most remarkable and functional parts
of the U.S. Government. It is a model of efficiency and effectiveness.
It is only recently that the Congress has provided the Corps with the
financial resources it needs to realize its full capabilities. I want
Congress to make sure that our policies are also enabling the Army
Corps to be the best in the world.
I have many priorities for this year's Water Resources legislation,
both projects and policies.
All Army Corps projects are first studied and evaluated. There are
many areas of the New Jersey coastal ecosystem that must be studied to
lay the groundwork for future action. I intend to initiate many studies
through this year's WRDA bill, including:
A study on the deepening of the Maurice River's
authorized depth from 7 feet to 12 to 14 feet. This would open
incredible opportunities for the U.S. military and national economy.
A study on restructuring the beach in Cape May, where
there are chronic issues of head and neck injuries.
A study on the creation of a retention basin in Cape May
Harbor, which is home to major fishing businesses and the U.S. Coast
Guard training center.
A study on the construction of environmental features on
the Great Egg Harbor River, which is designated as part of the National
Wild and Scenic Rivers System.
A study on the construction of a placement facility on
Bader Field in Atlantic City. Opening this site would create beneficial
use applications and greatly decrease the cost of navigation projects.
Modifying the Delaware Bay DMU study to include features
that improve environmental restoration and wildlife protection as well
as flood risk management, such as breakwaters.
Modifying the New Jersey Back Bay Study to include the
creation of natural engineering features with consideration of
environmental benefits as a coastal resilience technique.
A study on the intense impact of erosion on the Jersey
Shore and evaluating measures that can be used to mitigate that
erosion, which will save millions of dollars in the long-term.
These studies will set the stage for informed action in the coming
years.
This Water Resources Legislation must also include policies that
broaden the toolset of the Army Corps to execute its core missions.
Such policies include:
Modification of the way we identify extraordinary storms,
so that the Army Corps can quickly and flexibly restore communities
following natural disasters. Many severe nor'easters do not meet the
rigid criteria of the U.S. code extraordinary storm definition. We must
fix this.
We also should expand the application of beneficial use
techniques. We must clear the way for open water placement techniques,
which will exponentially expand beneficial use opportunities. We must
also structure federal policies to clear the way for states and
localities to implement their own beneficial use practices. Widespread
beneficial use at the Federal, State, and local level will save
billions of dollars and create tremendous environmental, commercial,
and coastal resilience benefits.
To conclude my remarks, I direct a question to both witnesses. I
request a written response to this question:
How aggressive should the Army Corps be in transitioning
to beneficial use models, what federal policies stand in the way of
that transition, and what can we do to remove those barriers?
Mr. Rouzer. Thank you.
Mrs. Napolitano. You are welcome. If no other Members have
anything to add, the committee stands adjourned.
[Whereupon, at 12:43 p.m., the subcommittee was adjourned.]
Submissions for the Record
----------
Prepared Statement of Hon. Sam Graves, a Representative in Congress
from the State of Missouri, and Ranking Member, Committee on
Transportation and Infrastructure
Thank you, Chair Napolitano, and thank you to our witnesses,
Assistant Secretary Connor and Lieutenant General Spellmon, for being
here today.
Two years ago, this Committee successfully passed a bipartisan,
comprehensive WRDA bill into law.
I look forward to continuing to build upon this important work in
a 2022 WRDA bill.
Ensuring effective and reliable water infrastructure is vital to
American families, businesses, farms, and to the economic development
of our country.
As you know, much of my district is bordered by two of the longest
rivers in the United States--the Missouri and the Mississippi.
These waterways are an incredible blessing to my district and our
country.
These Rivers provide millions of Americans with water, provide
thousands of farmers with irrigation for their farmland, and provide an
extremely efficient and reliable way to move goods in and out of
America's heartland.
That's why a major priority of mine is ensuring our river
navigation infrastructure on the Mississippi, Missouri, and the rest of
our nation's waterways gets the investment it desperately needs.
We've seen what happens when we fail to do that.
Today, five locks on the Upper Mississippi between Canton and St.
Louis are only 600 feet long and have only one functioning lock
chamber.
These locks, built in the 1930s, have long outlived their original
design life and are creating serious bottlenecks that slow traffic on
the Upper Mississippi.
On the Missouri, we've had different, but equally frustrating
problems.
Mismanagement of the river has made flooding more frequent, damaged
the navigation channel, and made it almost impossible for barges to
reliably get up and down the Missouri.
While we are lucky for the gifts these rivers can provide, we've
also seen how these blessings can turn into a curse overnight.
A little too much rainfall and too little of a focus on flood
control can lead to disastrous results for people who live and work
along our nation's waterways.
We learned that lesson again the hard way in 2019 when flooding
along the Missouri River devastated communities from Nebraska clear
down through to St. Louis.
To this day, many of my constituents are still struggling to repair
damages to their homes, businesses, farms, and livelihoods.
I have long been concerned that current river management practices
prioritize fish and wildlife over the protection of people and
property.
And that's led to many of our tax dollars being wasted on
supersized science experiments, such as interception-rearing complexes
on the Missouri River, instead of being responsibly invested in
restoring levees and increasing flood resilience.
Fixing that will be a top priority of mine throughout the
development of a WRDA 2022 bill.
Thank you, Chair Napolitano. I yield back.
Prepared Statement of the National Association of Flood and Stormwater
Management Agencies, Submitted for the Record by Hon. Sam Graves of
Missouri
The National Association of Flood and Stormwater Management
Agencies (NAFSMA) is an organization of public agencies whose function
is the protection of lives, property, the environment and economic
activity from the adverse impacts of storm and flood waters. Since its
formation in 1978, NAFSMA's mission has been to advocate public policy,
encourage technologies and conduct education and mentoring programs
that facilitate and enhance the public service functions of its
members.
Many NAFSMA members partner with the U.S. Army Corps of Engineers
on flood damage reduction and ecosystem restoration projects and also
participate in FEMA's National Flood Insurance Program while working
closely with the agency on flood risk and hazard mitigation efforts.
Many NAFSMA member agencies are also responsible for their region's
National Pollutant Discharge Elimination System (NPDES) stormwater
management permits. Due to these critical responsibilities of NAFSMA's
members, the association has been closely engaged with WRDA legislation
since cost-sharing was first initiated in 1986.
NAFSMA appreciates the efforts of the House Water Resources and
Environment Subcommittee to keep WRDA on its two-year reauthorization
track and especially appreciates your work in recent years to assist
nonfederal partners with issues to improve the relationship and process
for carrying out much-needed flood risk management and ecosystem
projects.
NAFSMA also appreciates your efforts that resulted in enactment of
infrastructure legislation this year that will help flood risk and
water quality management agencies throughout the country address
critical issues related to aging infrastructure and the need to
mitigate for weather-related hazards such as flooding, wildfires and
more.
NAFSMA Recommendations for WRDA 2022
As you move forward to draft new water resources legislation,
NAFSMA recommends the following policy issues be included as part of
this year's WRDA bill.
Authorize Substantial Funding Increase for USACE Continuing Authorities
Program (CAP) and Projects
In an effort to move much-needed infrastructure funding that has
already been provided to the Corps under the recently enacted
Infrastructure Investment and Jobs Act in a timely manner to address
critical needs throughout the nation, NAFSMA urges that Congress
authorize substantial increases to the Corps CAP program. Local
sponsors have found this program to be extremely beneficial, however,
increases in both the overall program limits as well as the Individual
per project federal limits are needed.
NAFSMA also urges Congress to ensure that USACE moves out with a
Federal Register notice soliciting the 10 pilot CAP projects for
economically disadvantaged communities as authorized in WRDA 2020.
Create New CAP Authority for Watershed (Multi-Purpose) Projects
Local sponsors, like Congress and the federal agencies, need to
demonstrate to their constituents that they are receiving the most for
their hard-earned tax dollars. Maximizing public benefits through a new
category for watershed projects that serve multi-purposes under the
USACE CAP program would be a relatively low-cost, low-risk and high
reward way of delivering such projects.
The CAP authorities are generally structured to support either
navigation, flood control or ecosystem restoration. Watershed projects
that could cross these individual authorities have not been possible
under a strict interpretation of the individual CAP sections.
For example, a flood control project that uses natural channel and
green infrastructure, and includes recreation trails, or a navigation
project that can reduce flooding would not be eligible for funding
under the current CAP authorities. This new watershed category could
greatly improve the benefits of the CAP program by allowing sponsors to
incorporate ecosystem restoration in flood control projects which will
amplify resilience to climate change and provide societal benefits like
head island reduction and access to nature in areas that have been
underserved.
Authorize a USACE-Led Interagency Study on Shelter, Flood, Water
Quality and Public Safety Risks for Federally Partnered Flood Risk and
Water Resource Management Projects
An overwhelming challenge and growing need for the water resources
community has been the increasing use of property associated with
critical flood risk management and water quality infrastructure as
encampments of people experiencing homelessness (PEH). In many cases,
these levee, channel, detention basin and lake projects have been
constructed in partnership with the federal government and are now
being operated and maintained at the local level. The growing national
challenge of providing affordable housing and health care for those
without permanent homes creates serious risks not only for those who
are living in these encampments, but also for those living and working
near or served behind these flood risk reduction projects due to the
potential damage to the project or to the land around the project and
associated spillways.
Although local flood districts and public works agencies are
working with their local and state housing, mental health, non-profit
agencies and police, this critical issue which is growing nationally is
well beyond what sponsors anticipated when assuming operation and
maintenance responsibility for these federally partnered projects.
As part of WRDA 2022, NAFSMA urges Congress to call for a national
study (to be provided to Congress within a year of enactment) of
flooding, water quality and public safety risks due to homeless
encampments and potential management practices and tools to address
these serious issues on or around these critical projects.
We urge that the study be led by USACE, in cooperation with their
federal (Federal Emergency Management Agency and U.S. Environmental
Protection Agency), and non-federal partners, including NAFSMA. This
growing national issue threatens resiliency efforts at local, regional
and the federal levels.
For example, owners and operators of flood risk management systems
can be cited for damage caused by these encampments through the levee
safety program during inspections. This issue needs to be acknowledged,
and USACE needs to be directed not to penalize non-federal sponsors for
these damages due to PEH encampments which are out of their control.
In addition, both financial and technical resources need to be made
available at the federal level for repairs to flood risk reduction
systems and floodplains as a result of this issue.
Clarify Section 404(f) Application for Routine Maintenance of Flood
Control System Maintenance
NAFSMA urges Congress to clarify the existing maintenance exemption
for flood damage reduction systems to affirm its application to routine
maintenance for flood risk reduction systems including flood control
channels and detention basins. This clarification is critical and could
be achieved in WRDA 2022 Report language.
Clean Water Act Sec. 404(f)(1)(B) identifies certain maintenance
activities as non-prohibited discharges of dredged or fill material.
However, some federal agency field offices have inconsistently
interpreted this provision of the Clean Water Act. NAFSMA requests that
Congress affirm its intent for Sec. 404(f)(1)(B) to include routine
maintenance of channels, including removal of debris and trash, and
vegetation management. NAFSMA urges that the following underlined
clarifications be added to existing law.
Clean Water Act Sec. 404(f)(1)(B): ``for the purpose of
maintenance, including emergency reconstruction of recently damaged
parts, of currently serviceable structures such as dikes, dams, levees,
groins, riprap, breakwaters, causeways, flood control channels,
detention basins and bridge abutments or approaches, and transportation
structures identified as critical features of the flood control
system.''
If this issue is not clarified by Congress in WRDA 2022, NAFSMA
urges that the length of the permit terms for operations and
maintenance general permits be increased from five years to at least 10
years.
Direct USACE To Develop Section 408 National Categorical Permissions
The use of categorical permissions throughout the nation for
Section 408 permissions has had limited and mixed results to date.
Although USACE headquarters has directed Districts not to require
Section 408 permissions for normal maintenance activities of flood risk
reduction projects, we are hearing from our members that this approach
seems to differ throughout the Corps Districts. Also, some Districts
have moved out on development regional categorical permissions, but
others are behind.
NAFSMA urges Congress to require the Corps to work in coordination
with non-federal sponsors to develop these categorical permissions
within 180 days of enactment of WRDA 2022.
Direct USACE, FEMA and the U.S. Department of Agriculture to go through
Joint Rulemaking to Identify How Level of Protection and Residual Risk
Behind Levees Are Determined
Due to the unclear nature of when and how USACE's risk assessments
are applied and the potential impacts from use of these assessments in
different manners than their original intent, a formal joint rulemaking
is needed to provide an opportunity for communities and local sponsors
to adequately articulate the potential consequences of using these
assessments inappropriately and identify better assessment methodology
for USACE, FEMA and the Department of Agriculture's programs and
policies.
Direct USACE to Provide Training and Increase Accessibility to the
Agency's Climate Adaptation Tools
Flood control districts and public works agencies are struggling to
adapt to recent climate change impacts such as increased storm
intensities, wildfires and drought, because of a lack of tools and
resources that could help in sustainable planning for capital
investments. For small public works agencies with limited staff and
financial resources to bring in consultants, this assistance would be
invaluable.
FEMA is also looking at accounting for climate changes in flood
risk maps.
NAFSMA urges that Congress direct USACE and FEMA to coordinate on
this effort so that local, State and regional agencies that work with
both federal agencies on flood risk reduction systems and floodplains
are using consistent data and terminology.
Indemnification Requirement Needs to Be Removed from USACE Project
Partnership Agreements
Currently, the Corps requires that the non-federal cost share
sponsor fully indemnify the federal government, based on Section
103(j)(1) and Section 101(j) of the 1986 Water Resources Development
Act. Indemnifying the federal government is in direct conflict with
states' constitution and laws. The Corps requires the non-federal
sponsor to promise financial resources for an indeterminate liability
that might occur at an unknown time, at an unknown cost, and for an
unknown reason. This liability is beyond the extent permitted by the
tort law of many states. Recognizing this, the Corps already has
allowed the removal of this provision from partnering agreements on a
case-by-case basis, when requested by the non-federal sponsor.
We urge this provision be removed from all future PPA's so as to
treat the non-federal sponsors across the nation fairly and equitably
with respect to this unknown liability. Non-federal sponsors are
required to execute the PPAs, with the liability clause, early in the
planning stage and before the designs are complete. The Corps then
takes full control of the land, design of the project, and agreements
with the construction contractors. The Corps is also the only point-of-
contact to the construction contractors. This results in a completely
one-sided approach to project design, implementation, and assumption of
risk that favors the federal government.
This one-sidedness needs to be rectified in WRDA 2022.
Rehabilitation of Flood Control Works Under Public Law 84-99 to Allow
for Non-Federal Sponsor Implementation
Enrollment in the Rehabilitation and Inspection Program under
Public Law 84-99 (PL 84-99) provides federal repair to control works
damaged by floods. The program is an 80-year-old partnered solution to
flood damage that intends to quickly restore the damage reduction
benefits provided the protected communities from their flood control
projects.
Active P.L. 84-99 enrollees have been made to wait several years
after their infrastructure is damaged for the Corps to start
construction of repairs. During those years, non-federal sponsors are
forced to either operate damaged facilities, or bear the cost of
repairs on their own, without any hope of reimbursement, either of
which is detrimental to flood protection and in inconsistent with P.L.
84-99 and its purposes. The following provision, which aligns with
authority already granted by Congress for non-federal sponsor
implementation under Section 1043 of the 2014 Act, 1, would allow non-
federal sponsors to ensure that damaged flood control projects are
repaired in a timely manner.
Draft provision:
SEC. __. REHABILITATION OF FLOOD CONTROL WORKS.
(a) IN GENERAL.--Section 5 of the Flood Control Act of 1941
(Public Law 77-228), as amended, commonly referred to as Public
Law 84-99 (33 U.S.C. 701n), is further amended by inserting
after the sentence that begins with ``The appropriation of such
moneys . . .'', the following: ``Provided further, That moneys
in the emergency fund shall be made available to the non-
federal sponsor to carry out the repair or restoration of any
flood control work threatened or destroyed by flood if
requested by the non-Federal sponsor.''
Water Infrastructure Finance and Innovation Act of 2014
NAFSMA also encourages Congress to emphasize and clarify the broad
scope of projects allowed to be financed by this program since the FY
2021 appropriations language limited the use of the Corps WIFIA program
to only the current upgrade or repair of existing dams in the National
Inventory of Dams.
NAFSMA very much appreciates all you do to address the nation's
water resources priorities and looks forward to discussing these issues
in further detail with you and your staff in the coming weeks.
In the meantime, please feel free to contact Susan Gilson, NAFSMA's
Executive Director, with any questions.
Appendix
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Questions from Hon. David Rouzer to both Hon. Michael L. Connor,
Assistant Secretary of the Army for Civil Works, Department of the
Army, and Lieutenant General Scott A. Spellmon, Chief of Engineers and
Commanding General, U.S. Army Corps of Engineers
Question 1. How will the U.S. Army Corps of Engineer (Corps)
prioritize ecosystem restoration projects against competing budget
priorities? Will the Corps prioritize projects that protect life and
property in addition to providing economic benefits?
Answer. The Corps has three primary missions: commercial
navigation, flood and storm damage reduction, and aquatic ecosystem
restoration. For the aquatic ecosystem restoration mission, the Corps
establishes priorities using performance metrics that are appropriate
to that program. A nationwide perspective must be maintained to assure
that available funding provides the most cost-effective restoration of
nationally and regionally significant resources. The ranking criteria
used to develop the aquatic ecosystem restoration budget are designed
to assure that the available funding provides the greatest public
benefit for the investment while continuing to investigate restoration
opportunities and completing high performing projects in a timely
manner so that benefits may be achieved as soon as possible.
Where a project will address a significant risk to public safety,
the Corps will take that into consideration in deciding whether to fund
the project.
Question 2. Do you think the local community also has a voice in
determining what level of flood protection is appropriate? If not, does
the Administration believe that the community should have a voice? What
if a community does not want to pay the local cost share for project
components unrelated to flood protection, but the Administration policy
requires these components and/or the cost-share?
Answer. In its flood and storm damage reduction studies, the Corps
generally seeks to maximize the net economic benefits to the Nation.
Where a local community seeks a higher or lower level of risk
reduction, the Corps generally will develop a locally preferred plan to
achieve that objective.
At the request of the non-Federal sponsor of the project, the Corps
sometimes will include recreation or aquatic ecosystem restoration
features to a project whose primary purpose is flood risk management.
In these cases, the non-Federal sponsor would be responsible for the
applicable non-Federal share of the cost under current law for the
added features.
In other cases, a project may have more than one purpose. In these
cases, the project cost share would be determined based upon the
project's congressional authorization.
Question 3. Please provide an update on the use of the Water
Infrastructure Finance and Innovation Act (WIFIA) program.
Answer. The Army has been working with the Administration to
develop a draft program rule for the Corps Water Infrastructure
Financing Program (CWIFP) in accordance with WIFIA. The draft program
rule is under interagency review per Executive Order 12866 and, upon
its conclusion, the Corps will issue a proposed rule for public review
and comment.
Question 4. The Water Resources Reform and Development Act of 2014
(WRRDA) Section 7001 Annual Report to Congress must be submitted each
year on February 1st. However, for 2021, Congress did not receive the
Report until over eight months later in November 2021.
a. What caused the delay?
Answer. The report was provided to Congress once the review of the
report was complete.
b. Do you expect this type of delay this year for the report due
on February 1, 2022?
Answer. No.
Question 5. Please evaluate the use of the 7001 process.
Specifically indicate if you believe the public has an adequate
understanding of the process and that if the process is being fully
utilized by the public.
Answer. Since the inception of the Section 7001 process in 2014,
the Army has sought to educate the public about the effort. In 2021,
the Army offered public information sessions to explain the 7001
process and answer questions. Additionally, on the Corp's 7001 webpage,
the Army publicizes general information and a comprehensive list of
frequently asked questions about the effort.
Question 6. We understand that the Corps and Environmental
Protection Agency (the Agencies) are planning to issue two regulations
in order to revise the definition of ``waters of the United States''
(WOTUS). The first proposed rule was published in the Federal Register
on December 7, 2021, with a comment period that closes on February 7,
2022. Despite a proposed release date of next month in the fall Unified
Agenda, EPA officials are now saying the second of the two proposed
rules is anticipated to be released `` . . . later this year.'' When do
the Agencies plans to issue this second proposed definition? Will this
proposed rule be issued in February of 2022?
Answer. The agencies are weighing many considerations regarding a
possible second rulemaking action, including timing, and are primarily
focused at this time on crafting a durable definition of the term.
Questions from Hon. Brian Babin to both Hon. Michael L. Connor,
Assistant Secretary of the Army for Civil Works, Department of the
Army, and Lieutenant General Scott A. Spellmon, Chief of Engineers and
Commanding General, U.S. Army Corps of Engineers
Question 1. It is our understanding that the Calhoun Port Authority
was expected to receive the Advanced Funding Agreement for the
Matagorda Ship Channel Improvement Project last year. What has been the
reason for the delay in finalizing the Advanced Funding Agreement?
Answer. The request and Committee notification are under review.
Question 2. Can you provide an estimated date for when the
Matagorda Ship Channel Improvement Project's Advanced Funding Agreement
is to be finalized?
Answer. No.
Questions from Hon. Jenniffer Gonzalez-Colon to both Hon. Michael L.
Connor, Assistant Secretary of the Army for Civil Works, Department of
the Army, and Lieutenant General Scott A. Spellmon, Chief of Engineers
and Commanding General, U.S. Army Corps of Engineers
Question 1. How will the agency seek to allocate the additional
funding under IIJA (the Infrastructure Act)? Will there be specific
missions either nationwide or by district that would be subject to
priority focus?
Answer. The Army will seek to develop its plan for the additional
IIJA funding based on its assessment of the projects and studies that
would qualify under the categories of funding established in that law.
No. The priority focus will be opportunities to build innovative,
climate resilient infrastructure to reduce risks to communities and
ecosystems, modernize the Civil Works program to better serve the needs
of disadvantaged communities, and upgrade the waterways and ports to
strengthen supply chains and promote economic growth for the Nation.
Question 2. The Spend Plans for IIJA for FY 2022 are required
within 60 days of enactment--that is this week. Was this delivered?
Answer. The Spend Plan for the IIJA FY 2022 funding was transmitted
on January 19, 2022.
Question 3. One thing we find when trying to use new funding to
catch up on pending projects, is that the effect of time includes that
when you do an updated price estimate it exceeds what had been
originally authorized; this also happens to work that could have been
carried out under the Continuing Authorities Program, or Section 205,
where it grows to exceed the cost thresholds. Do you have suggestions
on how to address such situations and for the Congress to incorporate
such into WRDA?
Answer. For projects that the Congress has specifically authorized,
Section 902 of WRDA 1986 establishes a limit on the total project cost
based on the last authorized total project cost, plus an additional
cost of up to 20 percent in real terms (after accounting for
inflation).
The projects that the Corps studies, designs, and constructs under
its Continuing Authorities Program (CAP) are small projects, which
generally take less time to complete. Therefore, the Corps usually is
able to determine before starting construction whether the project will
exceed the applicable cost limits under the CAP program.
Question 4. How will we address the situation of jurisdictions
where non-federal partners who are units of local government may not
have the resources in hand to acquire the lands and rights of way that
they are expected to do as part of their share? Are ways to do this
already available in current legislation, or do you have suggestions of
alternatives that could be included?
Answer. If a non-Federal sponsor has the funding to provide the
real estate, but there are staffing constraints, the non-Federal
sponsor may request that the Corps perform a portion or all of the
required acquisition work on their behalf. Current law requires that
the non-Federal sponsor (NFS) provide the required real estate
interests for a project. If the non-Federal sponsor does not have
funding to acquire the necessary real estate for the project, there are
no options to proceed under current law.
If a non-Federal sponsor doesn't have in-house resources to perform
the major activities involved in the provision of real estate, the NFS
may contract to obtain these products and services from the private
sector or hire USACE to perform all or some of the work on their
behalf, with appropriate justification and NFS funding.
If a non-Federal sponsor has the funding to provide the real estate
but there are staffing constraints, they may request that the Corps
perform a portion or all of the required acquisition work on their
behalf. Current law requires that the non-Federal sponsor provide the
required real estate interests for a project. If the non-Federal
sponsor does not have funding to acquire the necessary real estate for
the project, there are no options to proceed under current law.
Engineer Regulation 405-1-12 already allows for the assistance
described above. Additionally, in some instances, a particular
authorization may afford the NFS greater financial flexibility to fund
the provision of real estate. For example, in the instance of projects
authorized by the Supplemental Appropriations in the Bipartisan Budget
Act of 2018, the Corps may reimburse on a rolling basis reasonable and
allowable NFS administrative real property expenses incidental to
provision of title.
Question 5. Not all communities need a monumental multibillion
dollar or decades long project, but in many cases even relatively small
projects languish for years. Is there any measure that Congress could
move forward to help the Corps address small community needs under the
Continuing Authorities?
Answer. The Corps is working to streamline its internal processes
to ensure that the CAP program best serves all communities, including
small communities.
Question 6. Do you consider the current wait times for approvals of
studies and ``New Starts'' to be satisfactory? Could it be made more
efficient or timely? Is that something that could be addressed
legislatively?
Answer. The Army must provide a list of specific new starts that
meet the criteria specified by Congress in the Appropriation Act.
Simply approving more new starts without appropriations to complete the
project will not resolve the issue of projects being constructed in a
timelier manner.
Question 7. Under the current ongoing budget, when could the states
and territories count on the next upcoming project approvals and so-
called new starts being published?
Answer. The FY 2022 Budget included proposals for new studies and
new construction projects. In recent years, appropriations acts have
allowed or required the designation of additional new studies and new
construction projects. If the FY 2022 appropriations bill follows suit,
project lists including new starts would be submitted to the Congress
through the annual work plan.
Questions from Hon. Frederica S. Wilson to both Hon. Michael L. Connor,
Assistant Secretary of the Army for Civil Works, Department of the
Army, and Lieutenant General Scott A. Spellmon, Chief of Engineers and
Commanding General, U.S. Army Corps of Engineers
Question 1. Just north of my district is Port Everglades. The port
has worked with the Corps on its deepening and widening project since
1996. Recently, the port has learned that the project is expected to
cost significantly more due to environmental monitoring and mitigation,
thereby necessitating that this committee increase its authorization
limit via the WRDA bill. I appreciate the Corps' work on the Port
Everglades project.
Mr. Connor and Mr. Spellmon: Do I have your commitment to work with
me and this committee to increase this project's authorization in the
upcoming WRDA bill?
Answer. Yes.
Question 2. Mr. Connor and Mr. Spellmon, I know you have a very
extensive background in water resources issues. I want to bring up this
very serious issue of plastic pellet pollution. There are no
regulations on preventing spills of plastic pellets into our waterways
and ocean. How can the Army Corp of Engineers play a role in addressing
this growing threat to our waterways and communities?
Answer. The Corps provides technical and scientific support to the
London Convention (LC) through the Scientific Group. The LC
consultative body is considering the environmental impacts of
microplastics in ocean waters.
Questions from Hon. Garret Graves of Louisiana to both Hon. Michael L.
Connor, Assistant Secretary of the Army for Civil Works, Department of
the Army, and Lieutenant General Scott A. Spellmon, Chief of Engineers
and Commanding General, U.S. Army Corps of Engineers
Question 1. Section 213 of WRDA 2020, The Lower Mississippi River
Study, received wide support with states, and stakeholders in both the
environmental and business communities. Even officials in the Corps
have stated that they're excited about how the study could serve as a
catalyst to modernize the operation of multiple (and sometimes,
conflicting) mission areas in the largest river in North America.
Unfortunately, the WRDA Section 213 Guidance [https://
usace.contentdm.oclc.org/utils/getfile/collection/p16021coll5/id/35898]
appears to limit the practicalities of this study getting off the
ground: requiring a non-Federal cost share of 50%. This guidance
disregards congressional intent. This could result in limitation of the
timeliness of this study, and potentially put the SEVEN states (IL, MO,
KY, TN, AR, MS, and LA) in the study area at odds with one another:
Should one nonfederal sponsor come forward to fund the study on their
own, the resulting report could lack the confidence and trust of the
non-participating states.
The Corps has an opportunity with the Disaster Supplemental to move
forward with the study and ensure the study is completed as quickly as
possible.
a. CONNOR: Will you commit to taking ownership of this study and
ensuring that it is initiated, completed, and applied according to
congressional intent?
Answer. My office will review your concerns and will recommend how
best to move this study forward.
b. SPELLMON: Will you commit to ensuring that science dictates how
we operate the river, not other pressures?
Answer. Yes.
c. BOTH: Could you provide any guidance to the committee and to me
to optimize the authorization for this study to ensure it has the
greatest chance of being funded and executed at the soonest
opportunity?
Answer. I am committed to expeditiously completing the study and
will continue to work with LTG Spellmon to identify opportunities that
allow the study to be completed expeditiously. We have the necessary
authorization and are considering this study for funding along with
other projects and studies across the Nation.
Question 2. Since 2007, this Committee has mandated that all water
resources projects should be evaluated against economic, environmental,
and social costs and benefits \1\ during the all-important ``Benefit-
Cost Analysis'' (or BCA). As you know, the BCA process determines which
water resource projects move from our WRDA bills to appropriations and
implementation and, since the 1980s, economics alone has carried the
day. In 2013, the updated Principles, Requirements, and Guidelines
(PR&G) were finally published by the White House which, if implemented
by Corps, would have met our 2007 mandate to you. But the Corps argued
all the way through 2019 that appropriation riders prohibited it from
implementing the PR&G \2\. So, in WRDA 2020, we fixed that by
specifically directing the Corps to implement the PR&G within six
months and to update the policy every five years \3\.
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\1\ Section 2031, WRDA 2007.
\2\ GAO Report No. GAO-19-319, (p. 29).
\3\ Section 110, WRDA 2020.
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Could you please tell us how that's coming along and what more
needs to be done so that we have a science-based method for valuing
economic, environmental, and social benefits?
Answer. In evaluating a proposed water resources investment, the
Corps considers a range of alternatives. In this analysis, the Corps
considers both the cost and all of the benefits to the Nation. The
Principles, Requirements and Guidelines (PR&G) reflects the overall
policy guidance for Federal investments in water resources. The Corps
is planning a rulemaking action to determine how specifically it will
implementation of the Principles, Requirements, and Guidelines with a
proposed rule expected by the end of CY 2022. The end result will be
the Corps considering the total benefits of project alternatives,
including equal consideration of the environmental, social, and
economic benefits.
Question 3. When Hurricane Ida made landfall in Port Fourchon,
Louisiana at the peak of its strength on August 29, 2021, it hammered
communities across Louisiana's coastline with sustained Category 4-
strength winds and some gusts exceeding 190 miles per hour. Although
Hurricane Ida was the most destructive storm to strike Louisiana since
2005 and resulted in an estimated $65 billion in damage, key post-
Katrina investments in flood prevention ensured that the losses were
not higher. The Hurricane Storm Damage Risk Reduction System (HSDRSS)
held Ida's storm surges at bay, protecting both life and property for
many Louisianians. However, not all Louisianians are protected by such
a comprehensive system of pumps, levees, floodwalls, and flood gates--
and unfortunately, we know that there are some levees in the Corps
inventory that may have quality or safety concerns. That's why Section
131 of the bipartisan Water Resources Development Act (WRDA) of 2020
directed the Corps to do three things with individual levee sponsors
for systems in the federal portfolio:
i. Identify project-specific engineering and maintenance
deficiencies, if any;
ii. Describe recommended remedies and the associated costs of
those remedies; and
iii. Consult closely with the non-federal sponsor throughout this
process.
a. What is the status of the Corps implementation of Sec. 131?
Answer. Where requested and subject to the availability of funding,
the Corps is prepared to consult with non-Federal sponsors to evaluate
their levees and identify potential remedies.
b. How much is the Corps spending annually under all
appropriations accounts, including O/M, on levee safety?
Answer. It is difficult to estimate the amount of funding that the
Corps provides annually that contribute to the concept of ``levee
safety.'' Across all of the Corps appropriations accounts, the Corps
invests hundreds of millions of dollars each year in work related to
levee systems. For example, the Lower Mississippi River Main Stem
project is the largest levee system in the Nation. The Corps is both
constructing this project and involved in its operation and
maintenance. Some of the work that the Corps is constructing on this
project addresses an identified levee safety risk. The Corps also
supports levee safety through its PL 84-99 Rehabilitation Program for
post-flood activities. The Corps O&M program includes Levee Safety
Program oversight, related technology and policy development,
assessments under 33 U.S.C. 408, and other engagement with local
sponsors on the roughly 1,600 federally authorized levees.
Additionally, the Corps inspects non-federal flood-risk management
projects to verify continued eligibility for the PL 84-99
Rehabilitation Program.
c. How many Corps FTEs are being committed to the levee safety
mission? By contrast, how many Corps FTEs are committed to planning?
Answer. The approximate number of FTEs committed to planning is
1,100. At this time, it is difficult to estimate the number of FTEs
associated with the levee safety mission as workload is spread across
many FTEs, none of which are solely dedication to the levee safety
mission.
Question 4. Resilience was a huge focus of Congress in the
Infrastructure Investment and Jobs Act. Congress placed the Army Corps
in a leadership role to achieve that goal, particularly for coastal
communities through protection and ecosystem restoration.
How will you prioritize projects to achieve resilience while
ensuring that each dollar is used responsibly for our taxpayers?
Answer. The President has directed each federal agency to work
within its own authorities to tackle the climate crisis at home. As
part of this whole of government effort, the Corps is working to help
communities to decrease their climate risk based on the best available
science. The Corps is working on ways to integrate individual Coastal
Storm Risk Management, Flood Risk Management, and Ecosystem Restoration
projects at a system-scale to support the resilience of coastal
communities. This is one of the opportunities afforded by multi-purpose
authorizations, as prioritized by IIJA and other relevant legislation.
In addition, the USACE Engineering With Nature Program is developing
technical capabilities to inform the planning, design, construction,
operation and maintenance of nature-based solutions (consistent with
the President's priorities as set forth in EO 14072). The life-cycle
costs and benefits of conventional flood risk management projects,
nature-based solutions, and combinations of these, must consider the
initial construction, ongoing operation, and long-term maintenance of
these systems. Such life-cycle evaluations will enable planners and
engineers to identify cost-effective projects that sustain project
benefits into the future in order to support the resilience of coastal
communities.
Question 5. The Federal Emergency Management Agency has unveiled a
new system of rating risk for homeowners in Special Flood Hazard Areas,
called Risk Rating 2.0. However, due largely to the presence of levee-
impacted areas in Louisiana, FEMA departed from the catastrophe models
they applied to other states and had to create an entirely new
formulation for future loss potential in Louisiana. These catastrophe
models, which integrate information from existing NFIP maps, NFIP
policies and claims data, United States Geological Survey 3-D elevation
models, National Oceanographic and Atmospheric Administration storm
surge data, and U.S. Army Corps of Engineers data sets, are designed to
be more dynamic than projecting future losses based solely on
historical data. However, this change represented a shift away from
relying on levee accreditation to determine the amount of protection
provided by a levee.
a. From the Corps perspective, can the probability of levee
failure (not levee overtopping) be estimated with sufficient accuracy
to integrate into the new FEMA Risk Rating 2.0?
Answer. The Corps supports FEMA's efforts to improve levee data and
to refine its risk assessment methodologies.
b. Does the Corps implementation of Sec. 131, including
assessments of possible levee deficiencies, include providing FEMA with
access to this data for the purposes of setting flood risk rates?
Answer. The National Levee Database and the Levee Screening Tool
provide FEMA access to such information.
Questions from Hon. David Rouzer on behalf of Hon. Michelle Steel to
both Hon. Michael L. Connor, Assistant Secretary of the Army for Civil
Works, Department of the Army, and Lieutenant General Scott A.
Spellmon, Chief of Engineers and Commanding General, U.S. Army Corps of
Engineers
On behalf of Rep. Michelle Steel, I'd like to inquire about the
following:
Question 1. The Citizens of Southern California have a strong
interest in finishing the federally authorized Westminster-East Garden
Grove Flood Risk Management Project. Over the decades, urbanization of
the Westminster watershed has increased the potential for flood related
damages and impacts associated with the overtopping of channel systems
during short duration, high intensity rainfall events.
Urbanization has also increased the total amount of impermeable
area, resulting in higher volumes of stormwater being directed to flood
control channels due to limited infiltration opportunities.
Spanning 11 highly urbanized cities, the project area encompasses
approximately 40,000 at risk structures, with a potential of up to $4
billion in damages from a 100-year event, 1 million residents and
business owners, U.S. military operations, critical transportation
infrastructure, including Interstate 405 connecting Los Angeles and San
Diego, and sensitive coastal ecosystems impacted by run-off
contaminants. It is imperative that funds for the Project be included
in the President's Budget for FY 2023.
Current project needs are approximately $500k to start the
Preconstruction, Engineering and Design Phase per the Los Angeles
District. Is this a priority for the Administration in the upcoming
year?
Answer. The Army will consider funding for the Westminster-East
Garden Grove project, along with other programs, projects, and
activities across the Nation that are competing for the available
Federal resources.
Question 2. The U.S. Army Corps of Engineers (Army Corps) needs
$15.5 million to complete the current stage of the Surfside-Sunset &
Newport Beach Replenishment Project. Funding for this critical
infrastructure project was included when the House of Representatives
passed a package of fiscal year 2022 appropriations on July 29, 2021.
The Army Corps has been unable to finish this authorized and
overdue sand mitigation project along coastal Orange County. As you
finalize plans and reports for projects for the Infrastructure
Investment and Jobs Act (IIJA), it is imperative you include $15.5
million for this vital and overdue project.
For many years, major floods have hit the shore causing lots of
damage and threats to human life. Shore erosion will continue to risk
the lives, property, economy, and infrastructure of Orange County
residents. This project has a significant local cost-share with funds
already provided.
As you finalize plans and reports for projects for the
Infrastructure Investment and Jobs Act, it is imperative you include
$15.5 million for this vital and overdue sand mitigation project.
Coastal Orange County had another summer of king tides, local
beaches were closed, and many residents worried about their safety.
With the recent tsunami warning, it proves that this project is will
provide a key protection to Seal Beach, Huntington Beach and Newport
Beach.
Is the Administration committed to addressing the heighten risk of
safety and proprieties issues including loss of life and cost to
municipalities if this project is not immediately finished?
Answer. The Army continues to consider project benefits and costs,
including any associated risks, in its evaluation of future funding.
The project will continue to be considered with other programs,
projects, and activities across the Nation that are competing for the
available Federal resources.
Questions from Hon. David Rouzer to Hon. Michael L. Connor, Assistant
Secretary of the Army for Civil Works, Department of the Army
Question 1. In your written testimony you mentioned the White
House's ``Justice40'' initiative, which is ``a goal that 40 percent of
the overall benefits of Federal investments flow to disadvantaged
communities.'' How does the U.S. Army intend to implement this at the
Corps? Do you have a plan for this implementation? How do you plan to
adhere to this goal in cases where the law may direct funding in ways
that do not comport with this Administration initiative?
Answer. My office is working to establish policy guidance to
implement the Justice40 Initiative as it relates to the Corps' Civil
Works mission.
Question 2. In August 2021 several Members of this Committee sent a
letter to the Corps detailing concerns with some of the objectives
outlined in the Corps' budget, including ``not funding work that
directly subsidizes fossil fuels including work that lowers the cost of
production, lowers the cost of consumption, or raises the revenues
retained by producers of fossil fuels.'' \1\ I also sent questions for
the record concerning this same issue in June 2021 following the
Committee's hearing on the Corps' budget priorities. Considering recent
issues with the supply chain and high energy prices, these policy
statements are even more alarming now than they were last summer. To my
knowledge, we have not received a response to this letter, nor to those
submitted questions, so perhaps you can clear some things up for us.
---------------------------------------------------------------------------
\1\ Office of Management and Budget, Appendix Budget of the United
States Fiscal Year 2022, Corps of Engineers-Civil Works, available at
https://www.whitehouse.gov/wp-content/uploads/2021/05/coe_fy22.pdf.
---------------------------------------------------------------------------
a. When can we expect a formal response to our letter?
Answer. We are working on the formal response.
b. Could you please explain how the Corps will carry out these
objectives?
Answer. The Army is working to determine whether and, if so how,
the Corps program might be able to advance these objectives.
Are there certain types of energy infrastructure projects the
Corps will no longer be prioritizing?
Answer. No.
Does this goal apply to vessels that transport fossil fuels and/
or their products?
Answer. No.
c. Can the Corps assure the public that it will not be actively
working to prevent a decrease in energy prices for American consumers?
Answer. Yes.
Question 3. In November 2021, the Ranking Members of the
Subcommittee and Full Committee sent a letter to the Corps asking for
clarification on the unofficial pause for Section 404 permitting. The
pause was extremely concerning as it was set to create immense delays
for critical infrastructure projects at a time when billions of dollars
in infrastructure funding had just been approved and our country faces
a supply chain crisis. We have not received a formal response to this
letter; however, your written testimony indicates that the pause was
lifted.
a. Please explain the rationale for the permitting pause and why
there seemed to be no official or nationwide announcement.
Answer. The permitting pause was a result of the October 21, 2021,
decision by the U.S. District Court for the Northern District of
California to issue an order vacating and remanding the Environmental
Protection Agency's (EPA) 2020 regulations implementing Section 401 of
the Clean Water Act. On October 25, 2021, the Corps instituted a
temporary pause on regulatory actions that relied on water quality
certifications issued under the EPA's vacated 2020 rule to ensure
consistency with the court ruling. The Corps communicated with
individual applicants that were potentially affected by the pause. On
November 5, 2021, the EPA determined that the vacatur applied
nationwide and that its 1971 rule would apply until the revisions to
the 401 regulations are finalized. Thereafter, the Corps lifted the
temporary pause on November 18, 2021, and published a statement on its
website on December 2, 2021. The referenced announcement is available
at: https://www.usace.army.mil/Media/Announcements/Article/2875721/2-
december-2021-water-quality-certifications-and-corps-permitting/.
b. What are the Corps' plans for these permits moving forward now
that the pause has been lifted?
Answer. Corps districts resumed making decisions on all permit
applications and requests for nationwide permit verifications on
November 18, 2021.
c. When can we expect a formal response to our letter from the
Corps?
Answer. A formal response was signed January 11, 2022.
Question 4. The Corps' South Atlantic Coastal Study (SACS) draft
report identified compound flooding as a significant driver of coastal
flood risk throughout the study area that stretches from North Carolina
to Mississippi, including Puerto Rico and the U.S. Virgin Islands.\2\
In particular, storm surge, sea level rise and heavy precipitation,
either through direct runoff or increased river discharge, occurs
concurrently or in close succession. These factors compound the flood
impacts on communities and cause some communities to suffer multiple
flooding events from one storm.
---------------------------------------------------------------------------
\2\ United States Army Corps of Engineers, SACS Main Report (2021),
available at https://www.sad.usace.army.mil/Portals/60/siteimages/SACS/
FinalDraft_SACS_MainReport_
print.pdf?ver=z1Eom7eS96i27hDfvzVVgw%3d%3d.
---------------------------------------------------------------------------
Recent examples from the SACS region include Hurricane Florence
(NC/SC, 2018), Hurricane Matthew (FL/GA/NC/SC, 2016), and Hurricane
Sally (FL/AL, 2020). Southeastern North Carolina saw then-record storm
tides with Hurricane Matthew and again with Hurricane Florence, which
also dumped record-breaking rainfall amounts of as much as 30 inches on
coastal and inland towns. The draft report also notes that under the
coastal storm risk management (CSRM) study authority from 1955, the
Corps does not have the authority to consider compound flooding impacts
in CSRM studies. If the Corps is going to design projects to protect
coastal communities, it needs to examine the full range of coastal
flood threats.
a. What is the Corps doing to consider the full range of coastal
flood threats in its studies?
Answer. In its studies, the Corps is able to consider all
hydrologic factors that contribute to the coastal flood risk in the
study area. The analysis includes estimates of potential sea level rise
and its effects on alternative plans.
b. Do you believe the Corps is constrained in its ability to
consider compound flooding in CSRM studies?
Answer. There are no constraints, by law or policy, on the Corps'
ability to consider compound flooding. Analysis of compound flooding is
consistent with current policy and could occur without specific
guidance as part of sound engineering practices.
c. Does Congress need to update the 1955 authority to conduct CSRM
studies to explicitly allow for consideration of compound flooding
effects and management of risk?
Answer. No, after an additional policy review of the draft report,
we have determined that the authority is sufficient to consider
compound flooding. The recommendation will be removed and will not be
included in the final report.
d. How would including compound flooding in CSRM studies enable
the Corps to better manage flood risk?
Answer. Where compound flooding is a significant factor, the Corps
analysis will include these effects to provide a more complete picture
of the coastal flood risk in the study area.
Questions from Hon. David Rouzer on behalf of Hon. Jefferson Van Drew
to Hon. Michael L. Connor, Assistant Secretary of the Army for Civil
Works, Department of the Army
On behalf of Rep. Jefferson Van Drew, I'd like to inquire about the
following:
Question 1.a. How aggressive should the Corps be in transitioning
to beneficial use models?
Answer. Section 125, WRDA 2020, provided new opportunities for
investigating the beneficial use of dredged material. The Army is
evaluating changes to its processes that could result in increased
beneficial use. These include guidance on dredge material management
plans, improving partnerships and public outreach to identify a full
range of beneficial use placement opportunities.
Question 1.a.i. What federal policies stand in the way of that
transition?
Answer. The Corps has not identified any federal policies that
prevent consideration of beneficial use.
Question 1.a.ii. What can we do to remove those barriers?
Answer. The Corps is working to identify any potential barriers to
beneficial use.
Questions from Hon. John Garamendi to Hon. Michael L. Connor, Assistant
Secretary of the Army for Civil Works, Department of the Army
Question 1. President Biden's Executive Order 14005 (Ensuring the
Future is Made in All of America by All of America's Workers) directs
all federal agencies to fully implement our nation's ``Buy American''
requirement for federally funded infrastructure projects. For civil
works projects carried out by the Corps, the Buy America Act clearly
applies. However, it seems that projects carried out under the Corps'
Section 1014 and Section 1043 non-Federal implementation authorities--
for which the non-federal sponsor acts as the contracting agent on
behalf of the Corps--are inadvertent loopholes to the Buy American Act.
Assistant Secretary Connor, will the Army Corps commit to fully
implement the President's executive order by applying the Buy American
Act to projects carried out under these non-federal implementation
authorities? I will be submitting this question for the record so that
the Corps please confirm for the record that ``Buy American''
requirements do indeed not currently apply to the construction/
rehabilitation contracts carried out by the non-federal sponsor. I aim
to close this loophole in WRDA 2022.
Answer. Both Section 204 of WRDA 1986, which has been amended
multiple times including by Section 1014 of WRRDA 2014, and Section
1043(b) of WRRDA 2014, as amended, provide that a non-Federal interest
carrying out a project under either authority is required to comply
with the same legal requirements that would apply if the Corps was
carrying out the project. The Corps will commit to fully implementing
the President's Executive Order by applying the Buy American Act to
projects carried out by non-Federal interests under Section 204 of WRDA
1986, as amended, and Section 1043(b), as amended.
Question 2. Congress has provided many federal agencies, including
the Army Corps of Engineers, ``Other Transactional Authority'' (OTA) to
expand the government's access to the innovation taking place in the
private sector, thereby helping overcome the rigidity of the Federal
acquisition process. The Army Corps has ``Other Transactional
Authority'' for its military mission (10 U.S.C. 2371) but has concluded
it lacks authority to use it for its civil works mission. I'm out to
correct that in WRDA 2022. Assistant Secretary Connor, can I count on
you to work with me to help facilitate that result in the coming Water
Resources Development Act? Given the Corps' new funding resources under
the bipartisan Infrastructure Investment and Jobs Act (Public Law 117-
58) and extensive disaster-relief challenges, it seems to me the Corps
should have every tool available.
Answer. Yes.
Questions from Hon. Garret Graves of Louisiana to Hon. Michael L.
Connor, Assistant Secretary of the Army for Civil Works, Department of
the Army
Question 1. On Supplemental Appropriations--There are authorized
projects in my district which would have mitigated a large portion of
the damages caused by Hurricane Ida. The greatest example of this is
the Morganza to the Gulf project which would have protected Lafourche
and Terrebonne Parishes, the site of the hurricane's landfall and its
greatest destruction. Morganza is within the disaster declaration, is
the only project in the MR&T account that is eligible to receive
construction dollars, it's not a new start, has a strong BCR
calculation, and it's received funding as recently as last year.
a. Could you explain why Morganza did not receive funding in the
Disaster Relief Supplemental Appropriation Work Plan?
Answer. The project received $378.5M in funding within the IIJA
FY22 Work Plan issued on January 19, 2022.
i. Could you explain how funding the project from the
Infrastructure Investment and Jobs Act will impact the cost share of
the non-Federal sponsor, which is already fronting significant funds to
recovery from the 5th costliest hurricane on record?
Answer. Funding provided under IIJA does not alter the cost share
requirement under the executed Project Partnership Agreement (PPA).
Question 2. Regarding Cross Crediting--Sometimes, states can move
more quickly than the Army Corps, and contribute more resources to
complete a project than the required cost share. This benefits our
communities and our ecosystems because benefits are realized earlier.
In Louisiana, as we face a land loss crisis, there are numerous
examples of restoration projects that the state has gone ahead and
completed. In WRDA 2014, Congress provided a mechanism for states to
receive credit for when they go above the cost share and apply that
extra credit to a cost share on another authorized project.
a. Do you support policies that allow states to obtain credit and
apply that to other projects?
Answer. Generally, we support that objective where the projects are
related or part of a single integrated effort.
b. Will you work with Louisiana, to see that this authority is
used to save our coast?
Answer. The Corps will work with Louisiana in accordance with all
applicable laws, regulations, and policies.
Question 3. Landowners in Louisiana support restoration projects
and are willing and eager to allow their property to support
conservation and restoration projects, however, they are reluctant to
give up full ownership, or ``fee title,'' in the property. Though
official Corps guidance provides flexibility on requirements for
acquisition of real property, in practice, the state continues to be
required to obtain ``fee title'' for restoration projects. Not only
does this delay projects and makes efforts to save at-risk lands more
difficult, it undermines community support for restoration and costs
more money! Congress addressed this in Section 1115 of WRDA 2018, which
encouraged the Corps to use the minimum land rights necessary to allow
for ecosystem restoration. However, we have yet to see updated guidance
or a change in posture.
a. Shouldn't the Corps obtain only that level of property rights
that protects the public values created by Corps projects, rather than
full fee title to all private property covered by ecosystem restoration
and beneficial use projects in coastal Louisiana?
Answer. For ecosystem restoration and beneficial use of dredged
material projects, full fee title is the approved standard estate
because it is the minimum interest in land that allows construction and
operation and maintenance project and protect the Federal investment.
The Corps can approve a lesser or nonstandard estate, after conducting
a fact specific analysis in order to identify what minimum rights in
the real property are required to construct, operate and maintain the
federal project, as well as to ensure that the estate instrument is
legally enforceable under Federal and state law and defines any
affirmative rights required, like public use.
b. Are you willing to work with the Committee, as well as non-
federal sponsors, to address this issue and speed our efforts to
restore our lands?
Answer. Yes.
Question 4. It is crucial for the Army Corps to recognize that
ecosystem restoration and coastal protection can work hand in hand. We
have a great example in Louisiana of how that can work in practice, as
the state is making great progress with the Army Corps on having the
Maurepas restoration project used as mitigation for the West Shore Lake
Pontchartrain protection project. Louisiana's coastal master plan has
widespread support thanks to extensive public input and strong
foundation of science.
Would it not make sense for the Army Corps to look to the
restoration projects in the state's master plan to serve as mitigation
for other Army Corps projects?
Answer. The Corps considers all legally permissible mitigation
alternatives.
Questions from Hon. Michael Guest to Hon. Michael L. Connor, Assistant
Secretary of the Army for Civil Works, Department of the Army
Question 1. Congress and this committee have extensively discussed
the importance of cybersecurity for our nation's critical
infrastructure. The dams and locks that connect our commercial
waterways are crucial to maintaining supply lines and delivering goods
to market. The Army Corps has continued to work towards immigrating our
nation's lock and dams into a computer operated remote control system.
a. Is the Army Corps addressing the cybersecurity risks associated
with a remote-controlled system?
Answer. Yes.
b. Is the Army Corps looking to utilize funds in the recently
passed Infrastructure Investment and Jobs Act to implement a migration
to remote-controlled systems?
Answer. Yes. The Corps plans to continue exploring the costs,
benefits, risks, and implementation procedures that may allow the Corps
to leverage remote lock operations to maintain continuity of operations
or improve the efficiency of our commercial navigation infrastructure.
c. Does the Army Corps still see manned locks and dams as the
preferred system of operation until we can ensure a secure system?
Answer. Yes, to the extent possible.
d. Does the Army Corps plan to continue manning locks and dams
following any integration into a remote-controlled system to prevent
any attacks against this critical infrastructure?
Answer. The Corps intends to continue to explore and expand
implementation of remote operations where there exists a strong
business case to do so. Furthermore, not all sites are capable of
remote operations at this time so those sites will continue to be
manually operated. Where the Corps implements remote operations, it
will maintain personnel at the lock to ensure operations under all
conditions.
Questions from Hon. John Garamendi to Lieutenant General Scott A.
Spellmon, Chief of Engineers and Commanding General, U.S. Army Corps of
Engineers
Question 1. Congresswoman Matsui and I secured Section 209 of WRDA
2020 (Division AA of Public Law 116-260) directing the Army Corps to
complete a new, comprehensive study of the Yolo Bypass in California's
Sacramento Valley. Congress granted the Army Corps a general authority
to study flood control in the Sacramento River Basin under Section 209
of the Flood Control Act of 1962 (Public Law 87-874). So, the purpose
of our WRDA 2020 provision is not for yet another traditional Corps
feasibility study for a one-off project, but instead to prompt the
Corps to take a comprehensive approach for flood protection
infrastructure in the Yolo Bypass. General Spellmon, how does the
Corps' Sacramento District plan to implement this WRDA 2020 provision?
Answer. The Corps develops an implementation plan for its studies
early in the study process, once the study is underway.
Question 2. In the third paragraph of page 65 of House Report #116-
460 (H.R.7575), the House T&I Committee directed the Corps to compile,
and transmit to the Committee within 90 days, a report identifying, by
dollar value for each mission area of the Corps' Civil Works
responsibility, the total number of awards or contracts to small
business concerns (as such term is defined in section 3(a) of the Small
Business Act) for each Division of the Corps over the past five fiscal
years. General Spellmon, when does the Corps intend to make this report
to the Committee, which should be public information?
Answer. The Corps could provide Civil Works small business actions,
as a whole, and dollars awarded for the previous five years. The Corps
is not currently funded to provide a report of small business actions
and dollars awarded for the previous 5 years detailed into work
categories of Civil Works. When contracts are awarded and reported
through the official contract repository, the data fields do not
include these work categories. Therefore, to provide the report, each
individual contract would have to be reviewed and assigned a work
category. A detailed report could be provided in 9 months with $559,000
funding required.
Question 3. General Spellmon, when does the Corps expect to
promulgate the rulemaking necessary to begin implementing the Corps
Water Infrastructure Financing Program (CWIP) authorized under the
Water Infrastructure Financing and Innovation Act (33 U.S.C. 3901 et
seq.)?
Answer. The Corps has been working with the Administration to
develop a draft program rule for the CWIFP in accordance with WIFIA.
The draft program rule is currently under interagency review per
Executive Order 12866 and, upon its conclusion, the Corps will publish
a proposed rule for public review and comment.
Questions from Hon. Jared Huffman to Lieutenant General Scott A.
Spellmon, Chief of Engineers and Commanding General, U.S. Army Corps of
Engineers
Question 1. Lake Sonoma at Warm Springs Dam, and Lake Mendocino at
Coyote Vallely Dam, are federal facilities on federal property. They
are critical for flood control, water supply, and through facilities on
the properties, the preservation of endangered species that were
jeopardized by the construction and operation of the facilities. They
are important, as well, for their recreation and hydropower facilities.
Both Sonoma and Mendocino Counties have been the scene of
increasingly numerous wildfires. And, in fact, the hilly, wooded nature
of their locations makes them particularly vulnerable. At Lake Sonoma
in 2020, wildfires burned on the grounds that were brought under
control with the use of a variety of commonly-used fire suppressant
chemicals. Some commonly used chemicals can pose a hazard to drinking
water. With 50 miles of shoreline, the waters of Lake Sonoma could have
been impacted, with a serious deleterious impact on the system that
provides water for 600,000 residents in Sonoma, Marin, and Mendocino
Counties.
Currently, 1% of the Corps O&M budget is reserved for emergency
purposes at Corps facilities. We understand that none was utilized at
Lake Sonoma because the fires struck during the summer months toward
the end of the fiscal year. We have been informally advised that the
Corps is always reluctant to request O&M funding for vegetation control
at its facilities that could help prevent future devastation, because
it feels the likelihood of such a conflagration in any given year is
slim, and so a higher budget priority is always given to work that it
knows it needs.
a. Are you aware of the wildfires that have devastated so much of
my Congressional district the past few years, and the importance of the
Corps' Warm Springs and Coyote Vallely Dams? These facilities are
critical for water supply, flood control, and the millions of dollars
that have been invested in hatcheries and associated facilities needed
to restore endangered species that are jeopardized because of the
construction and operation of the dams.
Answer. Yes.
b. In the summer of 2020, wildfires did strike on the grounds of
your Warm Springs Dam. I'm told that some typically-used fire
suppression chemicals could pose a threat to the water quality of Lake
Sonoma, which is critical to the region's water supply. What can the
Corps be doing to assure that we don't have wildfires on these
properties?
Answer. The Corps maintains both facilities and thins fire fuels in
high-use areas such as campgrounds and trailheads. We are working with
local partners who have helped to reestablish fire breaks on our lands.
The Corps also is exploring the potential and scope of prescribed burns
with its partners at CalFire.
c. How much money was in the Corps' FY '22 budget request for
vegetation control at its various properties around the country?
Answer. The FY 2022 Budget for the Corps for forestry management
was $5,386,000.
d. I'd like to hear from you, very soon, on your suggestions for
how you can better protect these vulnerable facilities from the serious
threat of wildfire, and also how you can better protect other Corps
properties around the country.
Answer. The Corps welcomes the opportunity to discuss how to better
protect these facilities from wildfire, and the measures that we are
taking to meet these goals.
Question 2. Quagga mussels are being increasingly found in western
and California watersheds. As in locations elsewhere in the country
receiving federal assistance (ok, they're much larger watersheds and
more nationally significant waterways) occurrences of these invasive
species, among the most devastating to infiltrate North American fresh
waters, are cause of great concern. The mussels create severe
ecological and economic impacts because once established they can lead
to: Infestation of Lake Mendocino and Sonoma's hydropower
infrastructure; Clogged water intake and delivery pipes that supply
drinking water to more than 600,000 residents in portions of Sonoma,
Marin, and Mendocino Counties; clogged water intake pipes to hatchery
operations in which the Corps has invested millions; millions of
dollars in costs to repair infrastructure and remove the infestation.
You may be aware of a provision I worked to include in WRDA `20,
Section 505, adding the Russian River Basin to a list of the very few
watersheds eligible for funding in the Corps' program for Watercraft
Inspections and Decontamination. I understand that, unlike the few
other authorized basins, funding for the Russian River was not
requested for inclusion in the FY '22 budget. Now, I can understand
that that budget was well on its way to being finalized when WRDA '20
was enacted very late in the 2020 calendar year.
But if Quagga Mussels that are so increasingly prevalent in western
and California watersheds find their way into Lake Sonoma or Lake
Mendocino, once established they could lead to: infestation of Lake
Mendocino and Sonoma's hydropower infrastructure; clogged water intake
and delivery pipes that supply drinking water to more than 600,000
residents in portions of Sonoma, Marin, and Mendocino Counties; clogged
water intake pipes to hatchery operations in which the Corps has
invested millions; and many millions of dollars in costs to repair
infrastructure and remove the infestation.
I would ask that, as you continue your preparation of your FY 22
work plan the funding for which is provided in both the House and
Senate Appropriations bills, and also your FY '23 budget, that monies
be included for watercraft inspection and decontamination stations in
the Russian River Basin at Lakes Sonoma and Mendocino.
Answer. Development of the Quagga Mussel Inspection Management Plan
in the Russian River watershed began in fiscal year 2021 and will
directly address the expansion of inspection stations, new
decontamination stations, and rapid response coordination. The plan is
undergoing review, with comments from stakeholders and resource
agencies being addressed.
Questions from Hon. Michael Guest to Lieutenant General Scott A.
Spellmon, Chief of Engineers and Commanding General, U.S. Army Corps of
Engineers
Question 1. In Southwest Mississippi, continual flooding of the
batture land has yielded farmland unplantable and denied access to
logging tracks, school revenue lands, and oil extraction sites.
Increase in frequency and severity of river flooding when pressure on
the system builds has resulted in lost revenue to rural, underserved
communities in the area and has put a significant economic burden on
its citizens. Studies of the area have shown that siltation buildup
along the Old River Control Structure and Dead Man's Bend have resulted
in a higher riverbed and contributed heavily to the increased flooding.
Similar projects have been conducted to mitigate siltation buildup
along the MR&T, specifically the Delta Headwaters Project.
a. Do you see an expanded project similar to Delta Headwaters
addressed at tributaries of the Mississippi River near the Southwest
Mississippi batture land as an effective remedy to the siltation
problems affecting the River?
Answer. No, the Mississippi River Valley as a whole has seen
increased flooding due to an unprecedented amount of rainfall in recent
years, which has resulted in river stages that affect batture lands.
b. Do you see a completed Study of the Lower Mississippi River,
authorized in WRDA 2020--Sec. 213, as necessary to addressing the
issues present in this part of the MR&T project and what is the
estimated cost needed to be appropriated to complete this study?
Answer. Section 213 of WRDA 2020 authorizes a $25 million study of
the Lower Mississippi River basin, from Cape Girardeau, Missouri, to
the Gulf of Mexico, which could include this and other issues of
concern in the basin.
Questions from Hon. Garret Graves of Louisiana to Lieutenant General
Scott A. Spellmon, Chief of Engineers and Commanding General, U.S. Army
Corps of Engineers
Question 1. The Army Corps has designed the Grand Isle project to
withstand a Category 3 hurricane. Yet the project has experienced
significant damage from run-of-the-mill tropical storms, leaving the
community at greater risk to more serious hurricanes, which we saw
firsthand last summer.
a. How can the Army Corps ensure that Grand Isle's protection
system can rise to the level of its design?
Answer. The Grand Isle project consists of a sacrificial vegetated
sand dune and associated features that are designed to provide flood
risk reduction for up to 50-year tropical events. While the project was
significantly damaged during Hurricane Ida, it performed as designed
and intended. To address the damage and needed repair from Hurricane
Ida, a Project Information Report is being developed to determine post
storm damage repair eligibility under P.L. 84-99. Funds from the
Bipartisan Budget Act of 2018 will be used to construct a 600 lineal
foot gulf side offshore rock breakwater between the existing West Jetty
and the recently constructed western most breakwater. The Corps
anticipates awarding this breakwater construction contract in March
2022. Additionally, a new start feasibility study with funding provided
under the Disaster Relief Supplemental Appropriations Act (DRSAA) will
be conducted to consider additional features to improve flood risk
reduction on Grand Isle.
b. Given the opportunity to repair Grand Isle from last year's
disaster supplemental, are there adjustments and improvements that can
be made?
Answer. The Corps will use funding provided under DRSAA to conduct
a new start Feasibility Study to evaluate potential additional risk
reduction improvements for Grand Isle that could make the project more
effective.
Question 2. LG Spellmon, I want to applaud you on finalizing the
Corps' first Research & Development Strategy [https://
usace.contentdm.oclc.org/digital/collection/p16021coll11/id/5457] last
year. For many years, I have encouraged the Corps to ``stop solving
yesterday's problems tomorrow.''
Can you please share with the Committee how the Corps will
operationalize, fund, and execute your R&D Strategy?
Answer. The Corps is working to identify priority investments for
the Strategic Research and Development Program.
Questions from Hon. David Rouzer on behalf of Hon. Tim Burchett to
Lieutenant General Scott A. Spellmon, Chief of Engineers and Commanding
General, U.S. Army Corps of Engineers
On behalf of Rep. Tim Burchett (TN), I'd like to inquire about the
following:
Question 1. Many partners including USACE, USFWS and TVA, as well
as other non-federal groups in Tennessee, are working to tackle the
persistent Asian carp problem.
a. What is the status of the MOA authorized by section 509 of WRDA
2020?
Answer. The Corps is collaborating with the Tennessee Valley
Authority and U.S. Fish and Wildlife Service regarding invasive carp
concerns in the basin.
b. Is USACE able to accomplish any of the objectives of that
section under current funding levels?
Answer. We are evaluating the authorities. The Corps has initiated
the development of a Program Management Plan and conducted stakeholder
engagement. Per direction in the FY2022 appropriations act Joint
Explanatory Statement, the Corps will brief appropriation committee
staff on how it intends to implement this program.
c. Is the authorized amount of $25 million appropriate for the
scope of the project?
Answer. It is unknown at this time.
d. Does USACE intend to request the full funding for the project?
Answer. We are still evaluating the authorities.
e. How can non-federal entities best contribute to this effort?
Answer. We are still evaluating the authorities.
f. Can USACE utilize TVA's recently-issued final programmatic
environmental assessment to expedite USACE's own planning process?
Answer. Yes, the information in the environmental assessment will
be used during the development of barrier placement alternatives on the
Tennessee River.
g. Do you envision any challenges related to the long-term
operations and maintenance of the barrier projects under the pilot
program authorized in section 509 of WRDA 2020?
Answer. At this time, the Corps has not identified any specific
long-term challenges.
PROPOSALS FOR A WATER RESOURCES DEVELOPMENT ACT OF 2022: STAKEHOLDER
PRIORITIES
----------
TUESDAY, FEBRUARY 8, 2022
House of Representatives,
Subcommittee on Water Resources and Environment,
Committee on Transportation and Infrastructure,
Washington, DC.
The subcommittee met, pursuant to call, at 11:01 a.m., in
room 2167 Rayburn House Office Building and via Zoom, Hon.
Grace F. Napolitano (Chair of the subcommittee) presiding.
Members present in person: Mr. Rouzer, Mr. Webster of
Florida, Mr. Katko, Dr. Babin, Mr. Graves of Louisiana, Mr.
Bost, and Mr. Westerman.
Members present remotely: Mrs. Napolitano, Mr. DeFazio, Mr.
Huffman, Ms. Johnson of Texas, Mr. Garamendi, Mr. Lowenthal,
Mr. Malinowski, Mr. Delgado, Ms. Bourdeaux, Ms. Wilson of
Florida, Mr. Carbajal, Mr. Stanton, Ms. Norton, Mr. Cohen, Mr.
Weber of Texas, Mr. LaMalfa, Mr. Mast, Miss Gonzalez-Colon, and
Mr. Johnson of South Dakota.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 4, 2022
SUMMARY OF SUBJECT MATTER
TO: Members, Subcommittee on Water Resources and Environment
FROM: Staff, Subcommittee on Water Resources and Environment
RE: Subcommittee Hearing on ``Proposals for a Water Resources
Development Act of 2022: Stakeholder Priorities''
_______________________________________________________________________
PURPOSE
The Subcommittee on Water Resources and Environment will meet on
Tuesday, February 8, 2022, at 11:00 a.m. in 2167 Rayburn House Office
Building and by video conferencing via Zoom to receive testimony from
state and local officials, Tribal groups, and other stakeholders who
engage with the U.S. Army Corps of Engineers (Corps) to discuss
priorities for a new water resources development act (or WRDA) for
2022. This hearing is the second in a series of three planned hearings
to inform the committee in its development of a new WRDA, which the
committee expects to develop and approve in 2022.\1\
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\1\ See Subcommittee on Water Resources and Environment, Hearing on
``Proposals for a Water Resources Development Act of 2022--
Administration Priorities'' (January 12, 2022) (https://
transportation.house.gov/committee-activity/hearings/proposals-for-a-
water-resources-development-act-of-2022-administration-priorities); the
final Subcommittee hearing to receive testimony from Members of
Congress on their WRDA 2022 priorities is expected in March 2022.
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BACKGROUND
The Corps is the federal government's largest water resources
development and management agency. The Corps began its water resources
program in 1824 when Congress, for the first time, appropriated funds
for improving river navigation. Since then, the Corps' primary missions
have expanded to address river and coastal navigation, reduction of
flood damage risks along rivers, lakes, and the coastlines, and
environmental restoration and protection.\2\
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\2\ https://www.swl.usace.army.mil/Missions/Planning/
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Along with these missions, the Corps provides water supply and
storage opportunities to cities, agriculture and industry, aids in the
production of hydropower, assists in national emergencies, and manages
a recreation program. Today, the Corps is comprised of 38 district
offices within eight divisions; operates more than 700 dams; has
constructed 14,600 miles of levees; and maintains more than 1,000
coastal, Great Lakes, and inland harbors, as well as 12,000 miles of
inland waterways.\3\ To achieve its civil works mission, the Corps
plans, designs, and constructs water resources development projects,
typically in partnership with, and using the financial support of, non-
federal interests (project sponsors). The Corps planning process seeks
to balance economic development and environmental considerations as it
addresses national, regional, and local water resources challenges.\4\
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\3\ Congressional Research Service (CRS), U.S. Army Corps of
Engineers Civil Works: Primer and Resources. (2021).https://
crsreports.congress.gov/product/pdf/IN/IN11810.
\4\ Congressional Research Service (CRS), Army Corps of Engineers:
Water Resource Authorization and Project Delivery Processes (2019).
https://crsreports.congress.gov/product/pdf/R/R45185.
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INITIATING A WATER RESOURCES DEVELOPMENT PROJECT
The first step in a Corps project is to study the
feasibility of the project. This can be done in two ways. One,
if the Corps has previously conducted a study in the area of
the proposed project, the new study can be authorized by a
resolution of either the House Committee on Transportation and
Infrastructure or the Senate Committee on Environment and
Public Works (pursuant to 33 U.S.C. 542). Two, if the area has
not been previously studied by the Corps, then an act of
Congress is necessary to authorize the study--usually through a
WRDA bill.
Typically, the Corps enters into a cost-sharing agreement
with a non-federal project sponsor to initiate the feasibility
study process. The cost of a feasibility study is usually split
evenly between the federal government (subject to
appropriations) and the non-federal project sponsor.\5\
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\5\ Section 118 of WRDA 2020 authorized a pilot program for the
formulation of certain flood risk management and coastal storm risk
management project studies in rural and economically disadvantaged
communities at Federal expense. Funding to carry out this authority was
included in the Infrastructure Investment and Jobs Act (Pub. L. 117-
58).
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Since February 2012, the Corps' feasibility studies have
been guided by the ``3x3x3 rule,'' which states that
feasibility reports should, generally, be produced in no more
than three years; with a cost not more than $3 million; and
involve all three levels of Corps review--district, division,
and headquarters--throughout the study process.\6\ \7\
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\6\ https://planning.erdc.dren.mil/toolbox/library/MemosandLetters/
USACE_CW_Feasibility
StudyProgramExecutionDelivery.pdf.
\7\ The 3x3x3 process was codified in section 1001 of the Water
Resources Reform and Development Act of 2014.
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During the feasibility study phase, the Corps' district
office prepares a draft study report containing a detailed
analysis on the economic costs and benefits of carrying out the
project and identifies any associated environmental, social, or
cultural impacts. The feasibility study typically describes
with reasonable certainty the economic, social, and
environmental benefits and detriments of each project
alternatives being considered, and identifies the engineering
features, public acceptability, and the purposes, scope, and
scale of each. The feasibility study also includes an analysis
of any associated environmental effects of the project and a
proposed mitigation plan. It also contains the views of other
federal and non-federal agencies on project alternatives, a
description of non-structural alternatives to the recommended
plans, and a description of the anticipated federal and non-
federal participation in the project. In addition, pursuant to
section 116(b) of the Water Resources Development Act of 2020
(WRDA 2020; 33 U.S.C. 2282 note), each feasibility study for a
flood risk management or hurricane and storm damage reduction
project is required to include a summary of any natural or
nature-based feature alternative evaluated for the project that
describes the long-term costs and benefits of the alternative
and whether such alternative was utilized in the final
recommended project.\8\
---------------------------------------------------------------------------
\8\ Division AA of the Consolidated Appropriations Act of 2021
(P.L. 116-260).
---------------------------------------------------------------------------
After a full feasibility study is completed, the results
and recommendations of the study are submitted to Congress in
the form of a Report of the U. S. Army Corps of Engineers Chief
of Engineers (more commonly referred to as a Chief's
Report).\9\ If the results and recommendations on the proposed
project are favorable, then the subsequent step is
congressional authorization for construction of the project,
which is typically performed in a WRDA bill.
---------------------------------------------------------------------------
\9\ See https://planning.erdc.dren.mil/toolbox/library.cfm.
---------------------------------------------------------------------------
UTILIZING THE SECTION 7001 ANNUAL REPORT
The Water Resources Reform and Development Act of 2014
established an additional mechanism for Corps projects and
studies to be communicated to Congress for potential
authorization.\10\ Section 7001 of this legislation requires
the Secretary of the Army to annually publish a notice in the
Federal Register soliciting proposals from non-federal project
sponsors for new project authorizations, new feasibility
studies, and modifications to existing Corps projects. Further,
it requires the Secretary to submit to Congress and make
publicly available a Report to Congress on Future Water
Resources Development (7001 Report) of those activities that
are related to the missions of the Corps and require specific
authorization by law. The 7001 Report includes information
about each proposal, such as benefits, the non-federal project
sponsors, and cost share information.
---------------------------------------------------------------------------
\10\ Water Resources Reform and Development Act of 2014 (P.L. 113-
121).
---------------------------------------------------------------------------
GUIDING THE CORPS
The Corps is subject to all relevant federal statutes,
including the National Environmental Policy Act (NEPA), the
Clean Water Act, the Endangered Species Act, the Fish and
Wildlife Coordination Act, and prior authorization bills for
the Corps (e.g., previous WRDAs, flood control acts, and rivers
and harbors acts). These laws and associated regulations and
guidance provide the legal basis for the Corps planning
process.
For instance, when carrying out a feasibility study, NEPA
requires the Corps to include: an identification of significant
environmental resources likely to be impacted by the proposed
project; an assessment of the project impacts; a full
disclosure of the likely impacts; and a consideration of the
full range of alternatives, including a ``No Action
Alternative.'' \11\ Importantly, NEPA also requires a 30-to-45
day public review of any final document produced by the
Corps.\12\ Additionally, when carrying out a feasibility study,
section 401 the Clean Water Act requires an evaluation of the
potential impacts of the proposed project or action and
requires a letter from a state agency certifying the proposed
project or action complies with state water quality standards.
---------------------------------------------------------------------------
\11\ See https://www.ecfr.gov/current/title-40/chapter-V.
\12\ See id.
---------------------------------------------------------------------------
When formulating and evaluating water resources development
project alternatives, the Corps utilizes the Economic and
Environmental Principles and Guidelines for Water and Related
Land Resources Implementation Studies, developed in 1983, more
commonly known as the Principles and Guidelines (or P&G).
However, in response to stakeholder concern about the Corps'
over-reliance on national economic benefits as a required
decision metric, in WRDA 2007, Congress established a new,
national policy ``that all water resources projects should
reflect national priorities, encourage economic development,
and protect the environment by--(1) seeking to maximize
sustainable economic development; (2) seeking to avoid the
unwise use of floodplains and flood-prone areas and minimizing
adverse impacts and vulnerabilities in any case in which a
floodplain or flood-prone area must be used; and (3) protecting
and restoring the functions of natural systems and mitigating
any unavoidable damage to natural systems.'' \13\ Section 2031
of WRDA 2007 directed the Corps to update the P&G in accordance
with this policy.
---------------------------------------------------------------------------
\13\ Pub. L. 110-114, Section 2031; see also Policy Directive--
Comprehensive Documentation of Benefits in Decision Document, dated
January 5, 2021.
---------------------------------------------------------------------------
In 2013, the Obama administration established a framework
to revise the P&G in accordance with the requirements of WRDA
2007.\14\ This revised framework, now called the updated
Principles, Requirements and Guidelines for Water and Land
Related Resources Implementation Studies (or PR&G), is intended
to ensure proper and consistent planning by all federal
agencies engaged in water resources development projects and
related activities, and ensure such projects maximize
sustainable development, protect and restore the functions of
natural systems, and affordably address the needs of
economically disadvantaged communities.\15\
---------------------------------------------------------------------------
\14\ https://obamawhitehouse.archives.gov/administration/eop/ceq/
initiatives/PandG.
\15\ https://planning.erdc.dren.mil/toolbox/
guidance.cfm?Id=269&Option=Principles%20and
%20Guidelines.
---------------------------------------------------------------------------
The Corps has yet to formally adopt implementation guidance
for the PR&G, as required by WRDA 2007. Accordingly, section
110 of WRDA 2020 directed the Corps to issue final agency
procedures for implementation of the PR&G and required the
Corps to review and, as necessary, update the PR&G every five
years.
In addition, the Corps has issued two memorandums (January
5, 2021 and March 6, 2021) that direct the Corps to examine
potential benefits beyond the national economic development
benefits for future Corps projects, including regional and
societal benefits.\16\ These policy memorandums direct the
Corps to include in the final array of alternatives an option
that maximizes all project benefits, an option for flood risk
reduction projects that utilizes a non-structural approach, and
a locally-preferred plan, if requested by the non-federal
project sponsor.\17\ However, any additional costs for
implementing a locally-preferred plan are traditionally picked
up by the non-federal project sponsor.\18\
---------------------------------------------------------------------------
\16\ See Policy Directive--Comprehensive Documentation of Benefits
in Decision Document, dated January 5, 2021; and Director of Civil
Works Memorandum--Comprehensive Documentation of Benefits in Decision
Documents, dated March 6, 2021.
\17\ See id.
\18\ See e.g., section 1036 of WRRDA 2014; 33 U.S.C. 701b-15.
---------------------------------------------------------------------------
OUTLOOK FOR A WRDA 2022
ANNUAL 7001 REPORTS:
In recent years, the committee has utilized the 7001 Report
as a guide to describe studies, projects, and modifications
supported by non-federal project sponsors for inclusion in the
development of a new WRDA bill. The 7001 Report for calendar
year 2021 was submitted to Congress in November 2021, and the
7001 Report for calendar year 2022 is expected in February
2022. A list of all existing 7001 Reports is available at
https://transportation.house.gov/water-resources-development-
act-of-2022/reports.
PENDING CHIEF'S REPORTS:
Since enactment of WRDA 2020, the committee has received 14
additional Chief's Reports for potential projects in:
Fairfield/New Haven, Connecticut (coastal storm risk
management); Elim, Alaska (navigation); Prado Basin, San
Bernardino, Riverside and Orange Counties, California
(ecosystem restoration); Lower Cache Creek, Yolo County,
California (flood risk management); Portland, Oregon (flood
risk management); Coastal Texas (coastal storm risk
management); San Juan, Puerto Rico (coastal storm risk
management); Monroe County, Florida (coastal storm risk
management); Okaloosa County, Florida (coastal storm risk
management); Selma, Alabama (flood risk management); Port of
Long Beach, Los Angeles County, California (navigation); Folly
Beach, South Carolina (coastal storm risk management); Pinellas
County, Florida (coastal storm risk management); Valley Creek,
Bessemer and Birmingham, Alabama (flood risk management); and
Papillion Creek and Tributaries, Nebraska (flood risk
management).\19\
---------------------------------------------------------------------------
\19\ See id.
---------------------------------------------------------------------------
PENDING DIRECTOR'S REPORTS:
Director's Reports, also known as Post-Authorization Change
Reports (PACR), document necessary changes to previously
authorized water resources development projects, such as a
change in project purpose or a significant change in the total
cost of the project. Since enactment of WRDA 2020, the
committee has received three PACR's for projects in:
Washington, D.C. (flood risk management); Lake Pontchartrain
and Vicinity, Louisiana (coastal storm risk management); and
West Bank and Vicinity, Louisiana (coastal storm risk
management).\20\
---------------------------------------------------------------------------
\20\ See id.
---------------------------------------------------------------------------
ADDITIONAL CORPS AUTHORITIES:
Congress has granted the Corps programmatic authorities--
Continuing Authorities Programs (CAPs)--that enable the Corps
to undertake small-scale projects with limited scope and cost
without requiring project-specific congressional authorization.
These projects are usually still cost-shared with a non-federal
project sponsor. There are currently 9 CAP categories:
streambank erosion and shoreline protection (section 14 of the
Flood Control Act of 1946 (33 U.S.C. 701r)); beach erosion
control (section 3 of the Act of August 13, 1946; (33 U.S.C.
426g)); navigation improvement (section 107 of the River and
Harbor Act of 1960; (33 U.S.C. 577)); mitigation of shore
damage by federal navigation projects (section 111 of the River
and Harbor Act of 1968; 33 U.S.C. 426i)); regional sediment
management/beneficial use of dredged material (section 204 of
WRDA 1992; (33 U.S.C. 2326)); flood control (section 205 of the
Flood Control Act of 1948; (33 U.S.C. 701s)); aquatic ecosystem
restoration (section 206 of WRDA 1996; (33 U.S.C. 2330));
removal of obstructions and clearing channels for flood control
(section 2 of the Act of August 28, 1937; (33 U.S.C. 701g));
and project modifications for improvement of the environment
(section 1135 of the WRDA 1986; (33 U.S.C. 2309a)).
Congress has also provided authority for the Corps to
assist with the planning, design, and construction of drinking
water and wastewater projects in specified areas, known broadly
as Environmental Infrastructure (EI) assistance. EI authorities
are typically developed either on a project-by-project basis
(see section 219 of WRDA 1992) or on a programmatic basis for
specified geographic regions. The EI programs support publicly
owned and operated facilities, such as distribution and
collection works, stormwater collection and recycled water
distribution, and surface water protection and development
projects.
The Corps is also authorized to engage in technical
assistance for certain activities, such as flood risk
mitigation and watershed studies. Corps district offices
partner with state, Tribal, and local governments to provide or
coordinate technical assistance or expertise through many of
its programs. The primary Corps technical assistance programs
include: Flood Plain Management Services (section 206 of the
Flood Control Act of 1960; also referred to as Silver Jackets)
and Planning Assistance to States (Section 22 of WRDA 1974).
Section 111 of WRDA 2020 directed the Secretary of the Army to
prioritize the provision of technical assistance to support
flood risk resiliency planning efforts of economically
disadvantaged communities or communities subject to repetitive
flooding.
WITNESS LIST
LThe Honorable Wade Crowfoot, Secretary,
California Natural Resources Agency, Sacramento, California
LThe Honorable Peter Yucupicio, Chairman, Pascua
Yaqui Tribe, Tucson, Arizona
LThe Honorable Darrell G. Seki, Sr., Chairman, Red
Lake Band of Chippewa Indians, Red Lake, Minnesota
LThe Honorable Michel Bechtel, President, Gulf
Coast Protection District, Mayor, City of Morgan's Point,
Morgan's Point, Texas
LMr. Mario Cordero, Executive Director, Port of
Long Beach, California
LMr. Jim Middaugh, Executive Director, Multnomah
County Drainage District, Portland, Oregon
LMs. Julie Hill-Gabriel, Vice President, Water
Conservation, National Audubon Society, Washington, D.C.
Mrs. Napolitano. We are here today on the Transportation
and Infrastructure Committee hearing to discuss the formulation
of a Water Resources Development Act, or WRDA, for 2022. Last
month, the committee received testimony from the Biden
administration on its priorities for the Army Corps of
Engineers.
Today, we will hear from State, local, and Tribal
officials, and other interested stakeholders. Next month, we
will hold a Member Day hearing to listen to our congressional
colleagues on their priorities for this critical and bipartisan
legislation.
Let me begin by asking unanimous consent that the chair be
authorized to declare a recess at any time during today's
hearing.
Without objection, so ordered.
I also ask unanimous consent that Members of the full
committee who are not on the subcommittee be permitted to sit
with the subcommittee at today's hearing and ask questions.
And without objection, so ordered.
As a reminder, please keep your microphones muted unless
speaking. And should I hear any inadvertent background noise, I
will request that particular Member please mute their
microphone.
And, finally, to insert documents into the record, please
have your staff email it to [email protected].
Today, the subcommittee will receive testimony from an
array of State, local, and Tribal leaders as well as other
stakeholders on their priorities for the upcoming WRDA
legislation. Most of our witnesses here today have years of
experience in working with the Corps to address the unique
local water resources needs of their States, their communities,
their Tribal lands, and your input is invaluable to Congress as
we develop a new WRDA bill.
We will also hear about potential improvements to how the
Corps formulates and constructs critical water resources
development projects, especially as they relate to partnerships
with Tribal nations. This committee, on a very healthy
bipartisan basis, has completed work on four consecutive WRDAs
since 2014. I am hopeful and confident that this tradition will
continue in partnership with my good friend, the subcommittee
ranking member, Mr. Rouzer.
This committee is successful because all of our Members
trust and recognize how critical the Corps' work is to meet the
unique water resources needs in our communities, and how
important regular, predictable authorization of WRDA is to meet
these needs. However, as I noted at our last WRDA hearing in
January, all of the projects and studies authorized in WRDAs
need appropriated funds for communities to realize the full
navigation, flood control, water supply, and environmental
benefits that these projects provide.
Fortunately, under the leadership of President Biden,
Congress responded by enacting the bipartisan Infrastructure
Investment and Jobs Act, which provides $17.1 billion to the
Corps to carry out critical construction, operation, and
maintenance activities in every corner of the United States.
How critical is this historic funding? Well, the Chief of
Engineers testified that it provides ``a once-in-a-generation
window of opportunity to deliver water resource infrastructure
programs and projects that will positively impact the lives of
our communities across the Nation.'' Let me repeat: a ``once-
in-a-generation'' opportunity to fund the projects and studies
that we authorize through our regular WRDA bills.
For example, the Bipartisan Infrastructure Law, known as
BIL, funds the initial elements of the Los Angeles River
ecosystem restoration project, a critical project to the future
of my constituents and the whole Los Angeles region. The BIL
also provides close to $1.1 billion to restore Florida's
Everglades ecosystem--historic funding levels that will greatly
advance these efforts--as well as funding for the Brandon Road
aquatic nuisance species barrier protecting the Great Lakes.
The BIL also makes critical investments in coastal and
inland navigation projects, ranging from the Soo locks in
Michigan to the T.J. O'Brien lock and dam project in Illinois,
to the Kentucky lock and dam in Kentucky, to the Norfolk Harbor
project in Virginia. It as well provides essential investments
to local flood protection projects ranging from Seward, Alaska,
to Winslow, Arizona, to southwest coastal Louisiana, to the
city of Norfolk, Virginia.
And what is the common thread between all these projects?
All received their authorizations through recent WRDA
legislation, but can now, finally, proceed to construction
because of the enactment of the Bipartisan Infrastructure Law.
Last month, the Biden administration presented its
priorities for inclusion in a new WRDA. And today, we give our
stakeholders a chance to give their perspectives on the project
and policies that should be included.
I am particularly honored that we will also hear from two
respected Tribal chairmen and learn of their experiences in
working with the Corps over the generations.
We have all heard lingering concerns about how the Federal
Government has failed its treaty obligations with Native
Americans and their Tribal heritage lands. In this regard, the
Corps has had what some Tribal leaders call a spotty
relationship with the Tribes. To address these concerns,
Congress included language in WRDA 2020 to require the Corps to
promote meaningful involvement and consultation with Native
Tribes as well as other environmental justice communities. In
addition, with the confirmation of Assistant Secretary of the
Army for Civil Works, Mike Connor, an old friend, and the
appointment of his Principal Deputy, Jaime Pinkham, the Biden
administration has chosen to incorporate Tribal voices directly
into the decisionmaking of the Corps.
Between these two actions, it is my hope to formally
engrain a new culture of cooperation between the Corps and
Native Americans in the formulation of water resources projects
and other Corps regulatory actions.
I want to welcome all our witnesses here this morning, and
I am very grateful for your willingness to share your views and
perspectives on what we should consider as we aim to complete
the enactment of five bipartisan WRDAs in a row.
In a bipartisan manner, I yield to my great partner in the
formulation of a new WRDA, Mr. Rouzer, for any comments or
thoughts he might have on this matter. And Mr. Rouzer, I
understand ``happy birthday'' is in order. So, congratulations,
happy birthday to you.
[Mrs. Napolitano's prepared statement follows:]
Prepared Statement of Hon. Grace F. Napolitano, a Representative in
Congress from the State of California, and Chair, Subcommittee on Water
Resources and Environment
Today, the subcommittee will receive testimony from an array of
state, local, and Tribal leaders, as well as other stakeholders on
their priorities for the forthcoming WRDA legislation.
Many of our witnesses here today have years of experience in
working with the Corps to address the unique, local water resources
needs of their states, their communities, and their tribal lands, and
your input is invaluable to Congress as it develops a new WRDA bill.
We will also hear about potential improvements to how the Corps
formulates and constructs critical water resources development
projects, especially as they relate to partnerships with Tribal
nations.
This committee, on a bipartisan basis, has now completed work on
four consecutive WRDAs since 2014, and I am confident that this
tradition will continue in partnership with my good friend and the
subcommittee Ranking Member, Mr. Rouzer.
This committee is successful because all of our members trust and
recognize how critical the Corps' work is to meet the unique water
resource needs in our communities--and how important regular,
predicable authorization of WRDA is to meet these needs.
However, as I noted at our last WRDA hearing in January, all of the
projects and studies authorized in WRDAs need appropriated funds for
communities to realize the full navigation, flood control, water supply
and environmental benefits that these projects provide.
Fortunately, under the leadership of President Biden, Congress
responded by enacting the bipartisan Infrastructure Investment and Jobs
Act, which provides $17.1 billion to the Corps to carry out critical
construction, operation, and maintenance activities in every corner of
the United States.
How critical is this historic funding?
Well, the Chief of Engineers testified that it provides ``a once-
in-a-generation window of opportunity to deliver water resources
infrastructure programs and projects that will positively impact the
lives of communities across this great nation.''
Let me repeat that--a ``once-in-a-generation'' opportunity to fund
the projects and studies that we authorize through our regular WRDA
bills.
For example, the Bipartisan Infrastructure Law (BIL) funds the
initial elements of the Los Angeles River Ecosystem Restoration
project--a critical project to the future of my constituents and the
Los Angeles region.
The BIL also provides close to $1.1 billion to restore Florida's
Everglades ecosystem--historic funding levels that will greatly advance
efforts these efforts--as well as funding for the Brandon Road Aquatic
Nuisance Species barrier protecting the Great Lakes.
The BIL also makes critical investments in coastal and inland
navigation projects, ranging from the Soo Locks in Michigan, to the
T.J. O'Brien Lock and Dam project in Illinois, to the Kentucky Lock and
Dam in Kentucky, to the Norfolk Harbor project in Virginia.
And it as well provides essential investments to local flood
protection projects ranging from Seward, Alaska, to Winslow, Arizona,
to Southwest Coastal Louisiana, to the City of Norfolk, Virginia.
And what is the common thread between ALL these projects? All
received their authorizations through recent WRDA legislation but can
now--finally--proceed to construction because of enactment of the
bipartisan infrastructure law.
Last month, the Biden administration presented its priorities for
inclusion in a new WRDA. Today, we give our stakeholders a chance to
give their perspectives on the projects and policies that should be
included.
I am particularly honored that we will hear from two respected
Tribal Chairmen, and learn of their experiences in working with the
Corps over the generations.
We have all heard lingering concerns about how the federal
government has failed its treaty obligations with Native Americans and
their Tribal heritage lands. In this regard, the Corps has had, what
some Tribal leaders have called, a ``spotty'' relationship with the
tribes.
To address this concern, Congress included language in WRDA 2020 to
require the Corps to ``promote meaningful involvement'' and
consultation with Native Tribes, as well as other environmental justice
communities.
In addition, with the confirmation of Assistant Secretary of the
Army for Civil Works, Mike Connor, and the appointment of his Principal
Deputy, Jaime Pinkham, the Biden administration has chosen to
incorporate Tribal voices directly into the decision making of the
Corps.
Between these two actions, it is my hope to formally engrain a new
culture of cooperation between the Corps and Native Americans in the
formulation of water resources projects and other Corps regulatory
actions.
I want to welcome all our witnesses here this morning, and I am
grateful for your willingness to share your views and perspectives on
what we should consider as we aim to complete enactment of five
bipartisan WRDAs in a row.
I now yield to my great partner in the formulation of a new WRDA
bill, Mr. Rouzer, for any comments and thoughts he might have on this
matter.
Mr. Rouzer. Well, thank you. It has been about a week, but
we are going to stretch it out for a while. How about that?
Again, thank you, Madam Chair. I appreciate you holding this
hearing. And I would also like to thank our witnesses for
testifying today.
This hearing marks the second hearing, as the chairman
said, of the House of Representatives portion of the drafting
of the Water Resources Development Act for 2022. And as I
mentioned at our first WRDA hearing, this is one of the most
important pieces of legislation that we do here on the
committee. The more people hear about what is happening in
Washington or not happening in Washington, the more they think
it is broken and simply doesn't work. But this has been a real
exception and a real bright spot for Congress. Every 2 years
since 2014, we passed a WRDA bill. In addition to being on a
consistent schedule, these bills have been bipartisan, and we
are going to make sure that that continues. Exemplifying this,
in 2020, the House was able to pass a WRDA by voice vote.
I look forward to working with my colleagues on both sides
of the aisle here on the committee and in the full House to
pass another WRDA in this 2-year cycle and for it to be a
strong bipartisan bill as well.
Throughout this process, we will hear from people from all
over the country representing a wide range of interests, and we
are seeing a sample of those here at this hearing today. You
will hear from folks partnering with the Army Corps of
Engineers on a variety of programs, ranging from storm surge
protection to navigation at ports to environmental
infrastructure. I also look forward to hearing about these
projects and how they can help their communities and our
country.
Again, I would like to thank our witnesses for being here
today. And, Madam Chair, I have a little housekeeping matter to
take care of here, if you don't mind. I ask unanimous consent
to enter into the record a November 29, 2021, stakeholder
letter regarding the Columbia-Snake River system.
Mrs. Napolitano. Without objection, so ordered.
[The information follows:]
Letter of November 29, 2021, from Farmers and Agricultural Businesses
Supporting the Preservation of the Integrity of the Columbia-Snake
River System, Submitted for the Record by Hon. David Rouzer
November 29, 2021.
President Joseph R. Biden,
1600 Pennsylvania Avenue NW,
Washington, DC 20500.
Dear President Biden:
On behalf of the undersigned organizations representing farmers and
businesses across the agricultural value chain, we write to express our
strong support for preserving the integrity of the Columbia-Snake River
System, which provides tremendous value in the current operation of the
river, including locks and dams, clean power generation, barging
navigation, water storage, and irrigation--all of which are crucial to
long-term viability of the agriculture sector in the Pacific Northwest.
While we support collaborative efforts to address salmon recovery in
the region, we write today to voice our serious concerns with recent
calls on the Biden Administration and U.S. Congress to consider avenues
for breaching the lower Snake River dams, which would devastate farmers
in the region, decrease the competitiveness of home-grown agricultural
products, and irreversibly eliminate a critical river system for the
U.S. agriculture industry.
America's farmers and ranchers are among the most productive in the
world, and they depend on exports. Roughly 20 percent of U.S. farm
income comes from agricultural exports, which help support rural
communities across the country. Our nation's inland waterways system is
vital to moving American goods from farms to ports for export, saving
anywhere from $7 to $9 billion in annual shipping costs over other
forms of transport. The Columbia-Snake River System is the third-
largest grain export corridor in the world, transporting nearly 30
percent of U.S. grain and oilseed exports through a sophisticated
navigation system, which includes seven grain export terminals, 26 up-
country grain barge loading terminals, and eight dams that lift vessels
a combined 735 feet to deliver high value farm products safely and
efficiently to West Coast ports and consumers worldwide.
In addition to the transportation benefits, the Columbia-Snake
River System is crucial to keeping carbon emissions as low as possible
as commodities travel from farm to market. Barges move more product,
using less fuel than trucks or rail cars. Without barge access, 39,000
rail cars or 152,000 semi-trucks would have been needed to replace the
cargo volume shipped on the Snake River in 2019. Barging is 40 percent
more fuel-efficient than rail and 270 percent more fuel-efficient than
semi-trucks. In fact, moving commodity flows from barge to rail and
truck would result in over 1.25 million additional tons of carbon and
other harmful emissions per year.
We appreciate the efforts of your Administration and Congress to
champion new investments in our nation's infrastructure, including $17
billion for ports and inland waterways in the Infrastructure Investment
and Jobs Act. We also support continued efforts to address major
disruptions in the supply chain as a result of the COVID-19 pandemic.
As the Biden-Harris Administration looks to implement these important
priorities, we strongly caution against taking any federal action that
would lead to further disruptions in the food and agriculture supply
chain, such as the elimination of this important navigation system.
Further rail and trucking congestion that would occur as a result of
removing barge access would impact farmers as far as the upper Midwest,
as well as the major cargo ports of Seattle and Tacoma. The existence
of barging as a transport mode helps to discipline rail and trucking
rates, ensuring that the price of moving goods in the Pacific Northwest
remains competitive.
For decades, the benefits of the Columbia-Snake River System have
contributed to thriving communities in the Pacific Northwest. We
recognize the need for further dialogue to discuss collaborative
approaches to aid in West Coast salmon recovery, and we strongly
support science-based efforts to reassess mitigation strategies and
deploy the newest technological advancements to recover endangered
salmon populations in the Columbia-Snake River System, while ensuring
U.S. farmers maintain access to this vital navigation system.
As the Biden-Harris Administration considers important issues
facing the communities, economy and resources of the Pacific Northwest,
including the operations of the Columbia-Snake River System, we urge
you to take into account the incredibly important role the river system
plays for farmers and the broader agricultural community. We look
forward to engaging in the dialogue in the months ahead.
Sincerely,
National Organizations:
Agriculture Transportation Coalition.
Agricultural Retailers Association.
American Farm Bureau Federation.
Farm Credit Council.
National Association of Wheat Growers.
National Council of Farmer Cooperatives.
National Grain and Feed Association.
National Oilseed Processors Association.
North American Millers' Association.
Pet Food Institute.
U.S. Wheat Associates.
Regional/State Organizations:
Association of Washington Business.
California Association of Wheat Growers.
Colorado Association of Wheat Growers.
Colorado Wheat Administrative Committee.
Columbia Basin Development League.
Columbia River Customs Brokers & Forwarders Association.
Columbia River Pilots.
Far West Agribusiness Association.
Idaho Consumer Owned Utilities Association.
Idaho Farm Bureau Federation.
Idaho Grain Producers Association.
Idaho Water Users Association.
Idaho Wheat Commission.
Illinois Corn Growers Association.
Kansas Association of Wheat Growers.
Minnesota Association of Wheat Growers.
Minnesota Wheat Research and Promotional Council.
Montana Agricultural Business Association.
Montana Farm Bureau Federation.
Montana Grain Growers Association.
Nebraska Corn Growers Association.
Nebraska Dry Pea & Lentil Commission.
Nebraska Wheat Board.
Nebraska Wheat Growers Association.
North Carolina Small Grain Growers Association.
North Dakota Wheat Commission.
Northwest Agricultural Cooperative Council.
Northwest RiverPartners.
Oregonians for Food and Shelter.
Oregon Seed Association.
Oregon Wheat Growers League.
Pacific Coast Council.
Pacific Northwest Grain & Feed Association.
Pacific Northwest Waterways Association.
Snake River Multiuse Advocates.
Texas Wheat Producers Association.
Washington Association of Wheat Growers.
Washington Cattlemen's Association.
Washington Farm Bureau.
Washington Friends of Farms & Forests.
Washington Grain Commission.
Washington Mint Growers Association.
Washington Policy Center.
Washington Potato & Onion Association.
Washington State Dairy Federation.
Washington State Potato Commission.
Washington State Tree Fruit Association.
Washington State Water Resources Association.
Wyoming Wheat Marketing Commis-sion.
Companies:
Ag Association Management.
Ag Spray Equipment.
AgriNorthwest.
Almota Elevator Company.
American Plant Food, Inc.
BioWest Ag Solutions.
Brent Hartley Farms.
CHS Inc.
CHS Primeland.
Columbia Grain International.
Columbia River Steamship Operators' Association, Inc.
Duane Munn and Sons Farms.
Food Northwest.
Grain Handling Inc.
Great Northwest Transport.
Grigg Farms LLC.
Helena Agri-Enterprises.
Highline Grain Growers, Inc.
Hyak Maritime LLC.
Inland Power & Light.
International Raw Materials LTD.
Laughlin Cartrell Inc.
Lewis-Clark Terminal, Inc.
McGregor Land and Livestock.
McGregor Risk Management.
Mid Columbia Producers, Inc.
M&L Carstensen Farms.
Northwest Grain Growers, Inc.
Pacificor LLC.
Pacific Northwest Farmers Cooperative.
Pacific Northwest Generating Cooperative (PNGC).
Pleasant Valley Cider Apples.
Pomeroy Grain Growers, Inc.
Potato Growers of Washington, Inc.
R Munn Farms, LLC.
Shaver Transportation Company.
Sun Heaven Farms LLC.
Sunset Produce.
Temco, LLC.
The McGregor Company.
Tidewater Transportation and Terminals.
Tiger-Sul Products.
TLR--Total Logistics Resource, Inc.
Two Rivers Terminal, LLC.
Uniontown Cooperative Association.
United Grain Corporation.
U.S. Borax, Inc.
Valley Agronomics.
Verdesian Life Science.
Volm Companies, Inc.
WestLink Ag Cooperative Corporation.
Wilbur-Ellis Company.
Port Authorities:
Port of Benton.
Port of Clarkston.
Port of Kalama.
Port of Longview.
Port of Pasco.
Port of Skamania County.
Port of Walla Walla.
Port of Whitman County.
cc: Brenda Mallory, Chair, Council on Environmental Quality
Secretary Tom Vilsack, U.S. Department of Agriculture
Secretary Deb Haaland, U.S. Department of the Interior
Secretary Jennifer Granholm, U.S. Department of Energy
Secretary Gina Raimondo, U.S. Department of Commerce
Secretary Lloyd Austin, U.S. Department of Defense
Mr. Rouzer. Thank you, Madam Chair, and I yield back.
[Mr. Rouzer's prepared statement follows:]
Prepared Statement of Hon. David Rouzer, a Representative in Congress
from the State of North Carolina, and Ranking Member, Subcommittee on
Water Resources and Environment
Thank you, Chair Napolitano. I appreciate you holding this hearing,
and I would also like to thank our witnesses for testifying today.
Today's hearing marks the second hearing of the House of
Representatives' portion of the drafting of a Water Resources
Development Act (WRDA) for 2022.
As I mentioned at our first WRDA hearing, this is one of the most
important pieces of legislation that we do here at the Transportation
and Infrastructure Committee.
The more people hear about what is happening in Washington, the
more they think it is broken and doesn't work. However, WRDA has been
an exception to this. Every two years since 2014, Congress has passed a
WRDA bill. In addition to being on a consistent schedule, these have
been bipartisan. Exemplifying this, in 2020, the House was able to pass
WRDA by voice vote.
I look forward to working with my colleagues on both sides of the
aisle here on the Committee and the full House to pass another WRDA in
this two-year cycle and for it to be bipartisan.
Throughout this process, we will hear from people all over the
country representing a wide assortment of interests, and we are hearing
from some of them in this hearing. Today, we'll hear from those
partnering with the Army Corps of Engineers on a variety of programs,
ranging from storm surge protection to navigation at ports to
environmental infrastructure. I look forward to hearing about these
projects and how they can help their communities and our country.
Mrs. Napolitano. Thank you very much, Mr. Rouzer. It is a
pleasure having you as my cochair. I now recognize the chair of
the full committee, Mr. DeFazio, for any thoughts he may have.
[Pause.]
Mr. DeFazio. There we go, finally. Thank you Grace--Madam
Chair, excuse me.
Mrs. Napolitano. That is all right.
Mr. DeFazio. Thanks, again. Happy week after your birthday,
Mr. Rouzer. This is, as has been stated, an area of common
ground, something which is becoming more and more difficult to
find these days. But I am pleased that we are fully engaged in
this endeavor, which is the biennial reauthorization of the
Water Resources Development Act. As was noted in earlier
testimony, we actually passed it out of the House by a voice
vote. We had a good negotiation with the Senate. But then,
unfortunately, the Senate could not bring it to the floor, even
though it was noncontroversial.
So, it finally ended up being part of the year-end budget
omnibus appropriations. So, hopefully, we can move through more
regular order this time with maybe even a real conference. I
would really like to try and reestablish that tradition. I was
hoping to do that on surface transportation, and get yet
another bill done on a timely basis.
In 2020, we authorized 46 Chief's Reports. That's projects
ready for construction. We all know, and we have already had
quite a few submissions from Members, about how important the
Corps is to many Members, all across the country, for various
aspects of the work that the Corps does.
One of the most difficult problems has been the backlog
that the Corps has. They have been chronically massively
underfunded. And there are two things that are helping with
that this year. Last year, we finally--after about a 25-year
effort, which I began with Chairman Bud Shuster, not Bill--
created a Harbor Maintenance Trust Fund to spend down the $10
million balance from the Treasury for needed work. That takes
some pressure off the Corps and also is going to help harbors
around the country with dredging, jetties, and other essential
work.
And also, the Corps is getting a record allocation in the
Infrastructure Investment and Jobs Act of $17 billion, which
will help them begin to move forward on many critical projects
across the country. And I fully expect that we will be adding
to that list this year, and then the Corps will have to work
through prioritization of the many meritorious projects that
are still awaiting construction.
So, with that, I look forward to discussion from our
witnesses, and moving forward with this bill in the not too
distant future.
Thank you, Madam Chair.
[Mr. DeFazio's prepared statement follows:]
Prepared Statement of Hon. Peter A. DeFazio, a Representative in
Congress from the State of Oregon, and Chair, Committee on
Transportation and Infrastructure
Today, this committee continues its bipartisan work on the next
biennial Water Resources Development Act, the fifth since the
successful 2014 Act passed under former Chairman Bill Shuster.
Every two years, this committee brings together the Corps, non-
federal project sponsors, other state and local stakeholders, Tribal
governments, and members from both sides of the aisle to enact a new
water resources bill. Last month, we started the process for the 117th
Congress by holding a hearing with the Corps. Today, we hear from a
number of stakeholders about their priorities and their experiences
working with the Corps. In the weeks ahead, we will have a third
hearing to hear from members of the House about their goals for WRDA
2022.
Enacting WRDAs through this bipartisan, predictable timeline is
Congress at its best. It not only provides oversight of the Corps as it
implements authorized projects, but also ensures Congress provides
timely consideration of new Chief's Reports.
In WRDA 2020, we authorized 46 Chief's Reports. That's 46 projects
ready for construction. That's more projects than were authorized in
2016 and 2018 combined, proving that if this committee can do our part
as authorizers, the Corps can do their job in studying, planning, and
designing projects to address the country's urgent needs in water
infrastructure.
Every member understands the important work that the Corps does in
their district. We see firsthand the projects that provide enumerable
benefits through flood risk management, hurricane and storm damage
reduction, ecosystem restoration, water supply, and improved
navigation. And today we will hear from a diverse range of witnesses
highlighting these types of projects in their local communities.
We are starting the WRDA 2022 process at a critical time. The
global pandemic and the surge in consumer demand have shown the
vulnerability of our overburdened ports. We must be investing more in
our nation's ports and harbors in order to keep America competitive in
the global economy. As with the America COMPETES Act considered by the
House last week, WRDA 2022 will ensure we maintain a competitive edge
in the global economy.
As we authorize new projects, the other side of that coin, as
always, is ensuring that the Corps has the funding necessary to
complete the work. We all know of the $100 billion backlog of projects
due to underfunding of the Corps for decades. Fortunately, in another
step towards ensuring we maintain America's competitive edge, the
Bipartisan Infrastructure Law provided over $17 billion to the Corps to
Build Back Better ports, harbors, and inland waterways across the
country, while creating jobs, economic opportunity, and strengthening
our water infrastructure.
In WRDA 2020, after decades of effort, we were able to permanently
unlock federal investment for our nation's ports and harbors through
changes to the Harbor Maintenance Trust Fund. We face a critical need
for continued investment in our water infrastructure, but we have laid
the foundation for success through laws like WRDA 2020 and the
Bipartisan Infrastructure Law. Now is the time for building on that
success with a fifth-consecutive WRDA.
For over 20 years, I have worked with members on both sides of the
aisle for the good of our nation's water infrastructure, and this WRDA
will be no different. I thank you, Madam Chair, for your leadership on
this subcommittee and this important legislation. And I look forward to
continue working with Ranking Member Graves and Ranking Member Rouzer
in sustaining our bipartisan tradition of enacting a Water Resources
Development Act every two years.
I want to thank our witnesses for joining us today. Your testimony
will remind my colleagues of the critical work the Corps is doing in
communities across the nation. All of us represent communities like
yours that have needs that can be met by the Corps through WRDA. As we
work on WRDA 2022, it is particularly important that we ensure that our
rural, Tribal, and disadvantaged communities cannot be left behind. To
that end, the committee will hear from two Tribal witnesses on their
work with the Corps.
I look forward to an engaging dialogue with our witnesses on how we
can best partner with our local communities during the formulation of
WRDA 2022.
Mrs. Napolitano. Well, thank you, Mr. DeFazio. Thank you so
much for your thoughtful comments.
I would now ask unanimous consent that the following
documents be part of today's hearing record: a letter dated
February 7, 2022, from the National Parks Conservation
Association; a statement from the American Society of Civil
Engineers; and, lastly, a statement from American Rivers.
And without objection, so ordered.
[The information follows:]
Letter of February 7, 2022, from Chad Lord, Senior Director,
Environment and Climate Policy, National Parks Conservation
Association, Submitted for the Record by Hon. Grace F. Napolitano
February 7, 2022.
The Honorable Grace Napolitano,
Chair, Subcommittee on Water Resources and Environment,
House Committee on Transportation and Infrastructure, Washington, DC
20515.
The Honorable David Rouzer,
Ranking Member, Subcommittee on Water Resources and Environment,
House Committee on Transportation and Infrastructure, Washington, DC
20515.
Dear Chairwoman Napolitano and Ranking Member Rouzer:
Since 1919, the National Parks Conservation Association (NPCA) has
been the leading voice of the American people in protecting and
enhancing our National Park System. On behalf of our 1.6 million
members and supporters nationwide, I write to share with you some of
NPCA's priorities for the next Water Resources Development Act (WRDA),
which are important for improving the health of our national parks. We
also appreciate that the committee continues to prioritize WRDA on a
two-year cycle, recognizing that construction-ready projects should be
authorized so that ecosystem benefits can be realized.
The U.S. Army Corps of Engineers (Army Corps) is an important
partner in many places where NPCA works to protect and restore national
park waterways and landscapes, the communities that surround them and
the millions of people who visit them each year. From Gateway to the
Grand Canyon, Everglades to Olympic, water is central to the features,
wildlife, recreation and aesthetic of these esteemed places. However,
national parks, once viewed as isolated and remote, are increasingly
affected by activities occurring in their watersheds. These beyond park
boundary activities often enhance or detract from the visitor
experience.
To protect, restore and enhance our national parks, NPCA requests
you consider the following priorities as you prepare WRDA 2022.
NPCA continues to ask Congress to require federal agencies to
prioritize natural and nature-based features (NNBFs) in projects,
including the Army Corps of Engineers. The Committee on Environment and
Public Works has already accomplished a lot over the last few years in
enacting much-needed changes to how the Army Corps includes these
features as elements of its projects. Quickly implementing these
changes is essential.
When properly managed and maintained, NNBFs can offer billions of
dollars in storm and flood protection and other services. Coastal
wetlands, alone, have been estimated to provide over $23 billion in
protections every year.\1\ As you know, these NNBF projects often come
with countless co-benefits that are not seen in structural projects,
such as improved water quality, carbon sequestration and habitat
protection. A key component in the success of NNBF projects is ensuring
they are well maintained. For example, healthy and intact mangrove
systems in Florida averted an estimated $1.5 billion in storm surge
related flood damages during Hurricane Irma.\2\ Across the country,
many of these flood mitigating ecosystems already exist while others
need restoration. In the Gulf Coast region, one the most vulnerable
regions to coastal flooding, conserving and restoring coastal habitats
and natural infrastructure could ``avert more than 45 percent of the
climate risk over a 20-year period, saving the region $50 billion in
flood damages.'' \3\
---------------------------------------------------------------------------
\1\ The Center for Clean Air Policy: The Value of Green
Infrastructure for Urban Climate Adaptation 2011. https://
www.cakex.org/sites/default/files/documents/The-Value-of-Green-
Infrastructure-for-Urban-Climate-Adaptation_CCAP-Feb-2011.pdf
\2\ The Nature Conservancy, UC Santa Cruz, Risk Management
Incorporated: Valuing the Flood Risk Reduction Benefits of Florida's
Mangroves. https://www.nature.org/content/dam/tnc/nature/en/documents/
Mangrove_Report_digital_FINAL.pdf
\3\ Reguero, B. G., Beck, M. W., Bresch, D. N., Calil, J., &
Meliane, I. (2018). Comparing the cost effectiveness of nature-based
and coastal adaptation: A case study from the Gulf Coast of the United
States. PloS one, 13(4).
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Aside from standalone NNBF projects, there are examples where
natural infrastructure can be integrated with structural projects to
reduce operation and maintenance costs. In the Army Corps' New York
East Rockaway Inlet to Rockaway Inlet and Jamaica Bay Reformulation
Study, the recommended plan includes ``vegetative planning to attenuate
wave energy action and reduce erosion,'' which would result in reduced
maintenance costs over the course of life of the project.\4\ Additional
consideration of NNBF integration in structural projects can be cost
effective while simultaneously providing co-benefits of natural
infrastructure developments.
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\4\ Congressional Research Service: Flood Risk Reduction from
Natural and Nature-Based Features: Army Corps of Engineers Authorities
2020. https://fas.org/sgp/crs/homesec/R46328.pdf
---------------------------------------------------------------------------
As already noted, the Committee has enacted a series of important
changes over the last few years. For example, last year NPCA supported
the Committee's work in adjusting the cost share requirements for
NNBFs, updating planning guidance related to sea level rise and Army
Corps accountability for how it considers the use of NNBFs as part of
flood or storm damage reduction project studies.
Even with these reforms, the Army Corps' organizational structure
continues to limit and undermine resiliency planning. It siloes
resiliency planning into its different directorates, programs, business
lines, divisions, and districts. By not integrating this work, the Army
Corps continues to promote piecemeal planning that ultimately increases
flood risks, flood recovery costs and habitat and other resource
destruction.
NPCA supports WRDA reforms that break down and build bridges across
these siloes. One option would be to create a new Resiliency
Directorate in the Office of the Chief of Engineers. Creating a new
position ensures that the Army Corps takes full advantage of its
existing programs, authorities and operations to leverage natural
systems alone or with structural solutions. A new position focused on
resiliency can coordinate and leverage multiple planning processes and
infuse resilient solutions into every aspect the Army Corps' work.
Critically, any new position must have the resources and budgetary
authority to do its job coordinating across business lines.
We also continue to support additional reforms for how the Army
Corps accounts for project costs and benefits. We were pleased that
Congress included a provision in WRDA 2020 that directed the Army Corps
to issue final agency procedures for its Principles, Requirements and
Guidelines. However, we continue to urge further refinement because
current benefit-cost analyses do not always capture critical benefits
from NNBFs, do not equitably evaluate flood damage benefits provided to
economically disadvantaged communities and communities of color, do not
account for the costs of lost ecosystem services, do not account for
the cost of shifting flood risks and do not account for life-cycle
construction costs among other problems.
Congress should ensure that the Army Corps' benefit-cost analyses
account for appropriate categories of project costs and benefits,
including the benefits provided by natural systems. Congressional
action is required to ensure that the Corps accounts for costs and
benefits to disadvantaged and low-income communities, count lost
ecosystem services as project costs and increases in ecosystem services
as project benefits and include costs associated with addressing site-
specific conditions, full life cycle needs and sub-optimal funding
streams. Accounting for appropriate categories of costs and benefits
will help protect taxpayers, non-federal sponsors and the services
provided by natural systems, including flood control, water quality and
wildlife habitat.
Reforming how the Army Corps integrates NNBFs into its projects and
decision making is only one set of reforms that NPCA would like to see
in WRDA 2022. We also endorse additional changes that support how the
Army Corps works with other federal agencies, non-federal sponsors and
other partners. In particular, we support improving the Army Corps'
ability to redress environmental injustices. We recommend that WRDA
2022 ensures the Army Corps has the tools and capacity it needs to
carry out this critical task by increasing planning assistance to
Tribes, economically disadvantaged communities and communities of
color. We also support establishing a position of Senior Advisor for
environmental justice and a federal advisory committee on environmental
justice within the Army Corps itself. We want to see more emphasis and
support for women- and minority-owned businesses in Army Corps
contracting. We also support expansion of the WRDA 2020 Section 118
Pilot Program for Economically Disadvantaged Communities.
NPCA also supports funding for restoration and resilience projects
with a reduced or no match requirement to help rural and underserved
communities address long-standing issues. We recommend that WRDA 2022
consider reducing or removing the match requirement under the
Continuing Authorities Program for restoration and resilience projects
that are essential in the face of a change climate.
We also support changes to how the Army Corps budgets and carries
out projects on other federal lands. The Army Corps works in and near
many units of the National Park System. Allowing the Army Corps to be
able to budget for projects on other federal lands at full Army Corps
expense would assist in moving projects that benefit parks and
surrounding landscapes to completion more quickly and create budget
efficiencies between federal agencies. Granting this sort of change is
incumbent on respecting the purpose for each park and the management
policies under which they operate.
In addition to these policy priorities, NPCA is also tracking
several projects across the country that could impact parks. This
includes possible projects in the Everglades, four projects in and
around Gateway National Recreation Area in the New York-New Jersey
Harbor from the Hudson-Raritan Estuary Ecosystem Restoration
Feasibility Study, additional needed changes to the project at St.
Anthony Falls within the boundaries of the Mississippi National River
and Recreation Area in Minnesota and additional cost-share adjustment
for the construction of the Brandon Road invasive carp project in
Illinois.
Thank you for considering our priorities. We look forward to the
committee's work and offering any additional views next year. Please do
not hesitate to contact me with questions.
Sincerely,
Chad Lord,
Senior Director, Environment and Climate Policy,
National Parks Conservation Association.
Statement of the American Society of Civil Engineers, Submitted for the
Record by Hon. Grace F. Napolitano
Introduction
The American Society of Civil Engineers (ASCE) \1\ appreciates the
opportunity to submit our position on the importance of long-term,
strategic investment in our nation's water resources infrastructure
systems. We also want to thank the House Committee on Transportation &
Infrastructure for your efforts to keep the Water Resources and
Development Act on a biennial authorization cycle. ASCE is eager to
work with the committee in 2022 to find ways to further improve our
nation's vital water resources infrastructure systems.
---------------------------------------------------------------------------
\1\ ASCE was founded in 1852 and is the country's oldest national
civil engineering organization. It represents more than 150,000 civil
engineers individually in private practice, government, industry, and
academia who are dedicated to the advancement of the science and
profession of civil engineering. ASCE is a non-profit educational and
professional society organized under Part 1.501(c) (3) of the Internal
Revenue Code. www.asce.org,
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While the passage of the Infrastructure Investment and Jobs Act
provides a much needed down payment to revitalize the nation's water
resources infrastructure, that legislation does not negate the need for
passing a WRDA bill in 2022. Our water resources infrastructure systems
are critical to our nation's economy, public safety, and the
preservation and enhancement of our environmental resources. Our
levees, dams, and other water infrastructure systems protect hundreds
of communities, provide valuable services, support millions of American
jobs, and generate trillions of dollars of economic activity. However,
many of these infrastructure assets have reached the end of their
design life, and coupled with a generations-long underinvestment, a
large and growing investment gap has emerged; this gap must be closed
if we hope to both repair and modernize our water resources
infrastructure systems to be competitive in the 21st century.
ASCE's 2021 Infrastructure Report Card
Infrastructure is the foundation that connects the nation's
businesses, communities, and people, serves as the backbone to the U.S.
economy, and is vital to the nation's public health, safety, and
welfare. Every four years, ASCE publishes the Infrastructure Report
Card, which grades 17 major infrastructure categories using a simple A
to F school report card format. Last March, ASCE released its 2021
Infrastructure Report Card \2\, giving the nation's overall
infrastructure a grade of
``C-,'' and identified an investment gap of $2.2 trillion. While the
overall GPA increased into the ``C'' range for the first time since
ASCE began grading the nation's infrastructure in 1998, much of
critical water resources infrastructure remains in the ``D'' range. In
the 2021 Report Card, dams and levees each received a ``D,'' while
inland waterways received a ``D+''. The nation's ports remain a bright
spot in the Report Card, with a grade of ``B-'' in 2021.
---------------------------------------------------------------------------
\2\ https://www.infrastructurereportcard.org/
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To further raise these grades, ASCE urges Congress to prioritize
the repair, replacement, and modernization of our existing
infrastructure, with a focus on resilience. ASCE also urges Congress to
ensure long-term, consistent investment in our infrastructure systems
by passing authorization legislation like WRDA every other year.
Dam Safety
The nation's more than 91,000 dams provide a wide range services
and functions including water storage, flood control, power generation,
and irrigation. Most dams are designed for a life span of 50 to 100
years and the average age of the nation's dams is roughly 57 years old.
By 2030, 7 out of 10 dams in the United States will exceed 50 years of
age. Additionally, many of the dams in the United States were not
designed to account for the severe changes in weather and increased
precipitation levels brought on by climate change.
ASCE's 2021 Report Card gave the nation's dams a ``D'' grade.
Furthermore, the Association of State Dam Safety Officials (ASDSO)
estimates that the total cost of rehabilitating just the nation's non-
federal dams is more than $66 billion. Investment in dam safety is
critical to rehabilitate existing dams that pose significant threats to
communities throughout the country, support the missions and activities
of state dam safety programs, and protect against the loss of life and
destruction of property that would result from dam failure. These
efforts are greatly supported by programs such as the National Dam
Safety Program and the High Hazard Potential Dam Rehabilitation (HHPDR)
Grant Program. ASCE applauds Congress for making technical improvements
to the HHPDR program in WRDA 2020. These technical changes better
clarified technical terms and eligibility requirements, allowing the
program to operate more effectively in the future. It is now critical
that WRDA 2022 further support needed resources for federal dam safety
programs, as well as needed reforms to expand the number of dams
eligible for federal funds and protect communities.
Levee Safety
In the United States, nearly 17 million people live or work behind
a levee. The National Levee Database contains nearly 30,000 miles of
levees around the country, and current estimates identify up to another
10,000 additional miles of levees outside of the jurisdiction of the
U.S. Army Corps of Engineers (Corps).
Every state relies on levees to protect communities from flooding.
However, the average age of the nation's levees is over 50 years old,
with many built using less rigorous standards than those used today.
Much like the nation's dams, the risk to the nation's levees is further
exacerbated by increasingly severe weather patterns and heavier
rainfall brought on by climate change. For moderate to high-risk levees
in the Corps' portfolio, ASCE estimates that approximately $21 billion
is required to make necessary improvements. This is of great concern
given the fact that even well-maintained levees can be breached by
water seeping underneath them. To address these concerns, the National
Levee Safety Program, authorized in 2014, is tasked with establishing
national levee safety guidelines, and establishing a levee
rehabilitation program to support needed repairs for the nation's
levees. Unfortunately, since the establishment of the National Levee
Safety Program, Congress has appropriated far less than the $79 million
authorized, with FY 2021 appropriations totaling just $15 million.
Ports
The country's more than 300 coastal and inland ports serve as
significant economic drivers and places of employment. The past two
years have demonstrated the critical role these facilities play in a
functioning supply chain. Ports and port tenants plan to spend $163
billion between 2021 and 2025, concentrating on investments related to
capacity and efficiency.\3\ However, there is a funding gap of over $12
billion for waterside infrastructure such as dredging over the next 10
years, with additional billions needed for landside infrastructure.
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\3\ https://infrastructurereportcard.org/wp-content/uploads/2017/
01/Ports-2021.pdf
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Ports earned a ``B-'' on ASCE's 2021 Report Card for America's
Infrastructure, which recognized the positive measures included for
ports in the 2020 WRDA legislation. Specifically, WRDA 2020 included
full utilization of the $10 billion balance in the Harbor Maintenance
Trust Fund (HMTF) by allowing $500 million to be appropriated in FY
2021, with an increase of $100 million annually until it is fully
expended by 2030. The full expenditure of the HMTF was a long-time ASCE
priority and ASCE was pleased to see Congress finally address this
issue in the last bill.
Inland Waterways
As the nation's ``water highway'', the country's inland waterway
network spans 12,000 miles and serves an important purpose in the
movement of a variety of goods, such as agricultural products. This
infrastructure, which includes locks, dams, and navigation channels,
has benefited from recent boosts in federal investment and an increase
in user fees. However, the system still reports a $6.8 billion backlog
in construction projects and ongoing lock closures \4\, which harm the
industries that rely on waterways to transport goods.
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\4\ https://infrastructurereportcard.org/wp-content/uploads/2020/
12/Inland-Waterways-2021.pdf
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Inland waterways, on which about 830 million tons of cargo are
moved annually, earned a ``D+'' on the Report Card. As with ports, WRDA
2020 included measures that ASCE considered positive for inland
waterways. ASCE appreciated the adjustment of the Inland Waterways
Trust Fund's (IWTF) cost share from 50% general revenue-50% IWTF to
65%-35% for construction and rehabilitation projects. The IWTF, which
finances construction and rehabilitation efforts, is supported by a 29-
cents per gallon tax on barge fuel.
U.S. Army Corps Project Financing
The Water Infrastructure Financing and Innovation Act (WIFIA) was
authorized under the 2014 WRDA bill to support the development of water
infrastructure projects and encourage increased private investment.
Through the Corps Water Infrastructure Finance Program (CWIFP), the
Corps is authorized to provide direct loans, which allows it to support
non-federal projects for flood damage reduction, hurricane and storm
damage reduction, environmental restoration, coastal or inland harbor
navigation improvement, or inland and intercoastal waterways navigation
improvement.
Many of these types of projects involve both a federal and non-
federal component or cost share. Because CWIFP projects are intended
for non-federal projects, many would not be eligible for financing by
the Corps. This exclusion limits the number of worthwhile projects that
are critical to states and communities. Extending eligibility would
support the development of many more vital water infrastructure
projects.
Proposed Solutions
WRDA provides a unique opportunity to take necessary action to
strengthen the nation's infrastructure. A biennial WRDA cycle provides
federal agencies and communities throughout the country with the
predictability to plan and make progress on infrastructure projects. To
ensure the safety and extend the life of critical infrastructure such
as dams and levees, and support more water infrastructure projects, we
urge Congress to support the following priorities:
Maintain a bipartisan two-year cycle and pass a Water
Resources Development Act for 2022. This is critical in order to
provide predictability to federal agencies for planning and review of
projects and priorities and to be better able to respond to
increasingly unpredictable threats such as climate change. This is also
essential for the civil engineering community which relies on support
from Congress, the Corps, and other agencies to ensure design,
development, and construction of critical infrastructure moves forward
in a timely and efficient manner. This helps to ensure infrastructure
remains resilient in the face of increasingly evolving challenges, and
that communities have access to needed services and protection from
potential hazards.
Support inclusion of the Twenty-First Century Dams Act,
which provides increased funding authorizations and needed reforms for
critical dam safety programs. ASCE has worked with legislators and a
diverse coalition of industry stakeholders in support of this critical
legislation which focuses on needed investments for retrofitting,
rehabilitation, and removal activities for the nation's dams. ASCE
worked closely with these stakeholders to secure a needed down payment
for dam safety in IIJA through provisions originally written into the
Twenty-First Century Dams Act. It is critical for Congress to build on
this down payment by supporting the inclusion of the following in this
year's WRDA:
+ Reauthorizing the National Dam Safety Program for an
additional five years at a funding level of $43,000,000 per year, and
remove requirements that states may not receive funds in excess of 50
percent of the cost of implementing state dam safety programs, which
will support states with smaller state programs;
+ Increasing the authorized annual funding level for the HHPDR
Program by$40,000,000 for a total of $100,000,000 per year;
+ Expanding eligibility criteria for the HHPDR program by
removing the ``unacceptable risk to the public'' threshold to ensure
hundreds more dams worthy of these funds are not excluded; and
+ Establishing a new definition for ``small underserved
communities'' and ensure that these communities are exempt from the
program's non-federal cost share requirements. This definition reflects
communities that own a dam or could be significantly impacted by dam
failure and do not have sufficient resources to meet the law's cost
sharing requirement. Many of these communities fall in downstream
failure inundation areas, and this provision will help ensure that they
are not placed at a greater risk of disaster caused by a dam failure.
Fully and more equitably fund the National Levee Safety
Program at the FY 2023 authorized level of $79 million and reauthorize
the program beyond its FY 2024 expiration. The National Levee Safety
Program is comprised of several key components:
+ Committee on Levee Safety which is a voting body comprised of
experts and officials from state, local, regional and tribal
governments, as well as the private sector to provide advice and
recommendation on implementation of the overall program; \5\
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\5\ https://damsafety.org/levee-safety
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+ National Levee Safety Guidelines which provide a national
resource of best practices to ensure more consistent improvements to
the reliability, resiliency, and overall safety of levees nationwide;
\6\
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\6\ https://usace-cwbi-prod-il2-nld2-docs.s3-us-gov-west-
1.amazonaws.com/8327284c-f748-4aa4-998b-506450b6cd09/
NLSPfactsheet_Guideline_FINAL122021.pdf
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+ National Levee Database which provides an authoritative online
inventory of the nation's levee systems, as well as a valuable tool for
decision making regarding levees; \7\
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\7\ https://levees.sec.usace.army.mil/#/help/getting-started
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+ Implementation Support which identifies different types of
assistance, including financial and technical, to encourage greater
participation in the National Levee Safety Program \8\
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\8\ https://usace-cwbi-prod-il2-nld2-docs.s3-us-gov-west-
1.amazonaws.com/36a12d72-2c9d-4838-b3a3-7b76f2577a3e/
NLSPfactsheet_Implementation_FINAL122021.pdf
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+ Levee Safety Action Classification which provides stakeholders
with a tool to better identify and prioritize levee systems based on
risks and potential hazard such levee systems pose to communities in
the event of levee failure.\9\
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\9\ https://www.mvn.usace.army.mil/LSAC/
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+ Public Education and Awareness projects which are designed to
enhance the public's understanding of, and support for levee safety
programs.\10\
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\10\ https://uscode.house.gov/view.xhtml?path=/prelim@title33/
chapter46&edition=prelim
In recent years, much of the federal funding for the National Levee
Safety Program has focused on the National Levee Database. While this
is a critical component, it is essential that funding be provided in a
manner which ensures all components of the program receive the
resources that are needed to better implement the National Levee Safety
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Program overall.
Amend WIFIA to include the following definition of non-
federal programs in order to expand eligibility for CWIFP project
financing:
+ Non-Federal Project--the term Non-federal project means any
project for flood damage reduction, hurricane and storm damage
reduction, environmental restoration, coastal or inland harbor
navigation improvement, or inland and intercoastal waterways navigation
improvement that is undertaken by a non-federal entity as a separable
project or a part of the non-federal share of a federally authorized
project for flood damage reduction, hurricane storm damage reduction,
environmental restoration, coastal or inland harbor navigation
improvement, or inland and intercoastal waterways navigation.
Continue to allow for the use of the unspent balance of
the HMTF and spend down this balance on port projects.
Ensure the full use of the IWTF continues to be
appropriated.
In conclusion, ASCE believes our nation must prioritize the
investment needs of our water resources infrastructure systems to
ensure public safety, a strong economy, and the protection of our
environmental resources. The Infrastructure Investment and Jobs Act
provided a critical funding boost for dam safety, ports, and other
infrastructure assets. However, long-term, reliable federal funding is
key if we hope to close the growing funding gap and restore America's
world-class infrastructure. We thank you for holding this hearing and
look forward to working with the Committee to find solutions to our
nation's water resources infrastructure systems investment needs.
Statement of Eileen Shader, Director, River Restoration, American
Rivers, Submitted for the Record by Hon. Grace F. Napolitano
On behalf of American Rivers' 355,000 members, supporters and
volunteers across the nation, I write today to provide recommendations
for your consideration as you assemble the Water Resources Development
Act (WRDA). We encourage you to include provisions that promote the
healthy rivers and waters essential to the health and prosperity of our
nation, and we look forward to working with you and the U.S. Army Corps
of Engineers (USACE) to protect and restore rivers across the nation.
American Rivers works to protect wild rivers, restore damaged
rivers, and conserve clean water for people and nature. Since our
founding in 1973, we have led efforts to conserve more than 150,000
miles of rivers across the country, making us one of the most trusted
and influential river conservation organizations in the United States.
Today, our waters face new and substantial challenges due to our
changing climate. Increased temperatures, frequent and intense
precipitation events, longer hurricane seasons and more natural
disasters can all be attributed to climate change. The impacts of
climate change are exacerbating existing vulnerabilities in communities
across the country. Many of these inequities fall disproportionately on
Black, Indigenous, Latino and other people of color. We face a global
biodiversity crisis that will have disastrous impacts on aquatic life
stemming from loss of habitats and natural systems necessary to sustain
life on our planet. To address these challenges our nation must evolve
our strategies to create resilient communities suited to face these
threats and protect vulnerable water resources.
USACE plays a critical role in managing the nation's rivers,
streams, and wetlands and perhaps more than any other federal agency,
holds the tools and authorities to ensure that these vital resources
are managed in a way that will improve the health and prosperity of our
communities. It is imperative for Congress to direct the USACE to
utilize its resources and staff to address the unprecedented challenges
of climate change, inequity and loss of biodiversity.
In the coming years, the USACE will be responsible for distributing
tens of billions of dollars thanks to the unprecedented infrastructure
investments of the Infrastructure Investment and Jobs Act (IIJA).
American Rivers works extensively with USACE across the nation and
engages with USACE staff on many projects and programs. WRDA 2022
provides the opportunity to steer USACE in the right direction as it
charts a new course for river management across the nation.
1. Overhaul Project Planning and Decision-making
Since 1983, USACE project planning has followed the Principles and
Guidelines, which relies on Net Economic Development to make decisions
regarding water resources projects design and selection. This approach
is fundamentally flawed, resulting in directives from Congress in 2007
to update the Principles and Guidelines to ensure that every water
resource project protects and restores the environment. However,
despite direction in Section 110 of the Water Resources Development Act
(WRDA) of 2020 \1\, the USACE still has not integrated these reforms
into project planning.
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\1\ H.R. 7575 Sec. 110. 116th Congress: Water Resources
Development Act of 2020.
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It is imperative that the USACE develop agency-specific procedures
including major revisions to the Planning Guidance Notebook in a manner
that fully implements the new water resources policy consistent with
WRDA 2007, Section 2031 \2\. This process should include:
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\2\ H.R. 1495 Sec. 2031. 110th Congress: Water Resources
Development Act of 2007.
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Opportunity for stakeholder and public engagement during
development of the agency-specific procedures and revisions to the
Planning Guidance Notebook;
Improving consideration of benefits and costs to
equitably account for costs and benefits to disadvantaged and low-
income communities;
Accurately account for the true costs of a project by
considering lost ecosystem services as project costs, increases in
ecosystem services as project benefits, full-life cycle costs in cost
assessments including rehabilitation and removal at end of life, and
include costs associated with addressing site-specific conditions;
Full consideration of natural and nature-based
alternatives.
2. Establish a Resilience Directorate to Improve the Use of Natural and
Nature-Based Features
Natural and nature-based features (NNBF) protect, restore or mimic
natural water systems and provide services including improved water
quality and quantity, snowpack/storm flow attenuation, aquifer
recharge, and flood control. In the WRDAs passed in 2016, 2018, and
2020, Congress expressed that NNBF must be integrated into the Civil
Works program--particularly into flood risk management. WRDA 2020 also
provided USACE with a selection of different authorizations that can
incorporate NNBF.
To meet the agency's statutory requirements to consider NNBF
alternatives during project planning, USACE must build staff commitment
to understanding the rapidly evolving body of scientific and technical
knowledge on NNBF. As the nation's leading water resources management
agency, it is critical that USACE staff have the knowledge and training
to lead in this area. While the Engineering With Nature initiative has
made fantastic progress in recent years, a companion effort to improve
use of NNBF is necessary within USACE leadership. American Rivers
recommends Congress instruct USACE to:
Establish a resilience directorate tasked with ensuring
existing Corps programs, authorities, and operations take full
advantage of natural infrastructure and adopt modern, comprehensive
planning approaches, and promote coordinated and consistent
implementation of NNBF across districts, business lines, and programs
within the USACE.
3. Address Inequities Within Army Corps Programs and Projects
Climate change and water-related environmental harms
disproportionately affect communities of color, low-income and
Indigenous communities who have been historically underserved. In 2021,
President Biden signed Executive Order On Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government \3\
which requires federal agencies to assess whether underserved
communities and their members face systemic barriers in accessing
benefits and opportunities available to them, and promote equitable
delivery of government benefits and equitable opportunities. American
Rivers' staff regularly work with the USACE in watersheds across the
nation. American Rivers recommends Congress instruct USACE to:
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\3\ Executive Order On Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government. The White
House. January 21, 2021.
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Seek culture change from that of a transactional
engineering firm that benefits individual sponsors to a public agency
that serves the public good.
Establish a Federal Advisory Committee on Environmental
Justice to advise senior USACE leadership.
Reform benefit-cost analysis and cost-share structures to
ensure equitable decision-making and distribution of resources.
Encourage all project teams to work to repair and build
lasting relationships and partnerships with historically marginalized,
vulnerable, or disadvantaged communities in their areas.
Target existing technical assistance programs to
facilitate resilience planning for low income, minority, and
historically marginalized communities and increased funding should be
directed to these programs (i.e., Planning Assistance to States, Silver
Jackets, Floodplain Management Services).
Reform policies and procedures across the agency to
promote more inclusive, diverse, and equitable outcomes from the USACE.
4. Disposal of Outdated Infrastructure
The USACE operates more than 700 dams \4\, and partners with levee
sponsors to manage more than 1,600 levees \5\, and maintains 12,000
miles of inland waterways \6\. The USACE's assets are valued at over
$238 billion \7\ and the majority of that infrastructure is over 50
years old \8\. Even with the significant infrastructure investments
expected in coming years, the USACE will not be able to undertake
repairs and rehabilitation of all the assets in need. Furthermore, in
many cases these structures no longer perform their intended purpose,
or circumstances have changed since authorization that warrant a
reevaluation of how the structure is managed, or whether it is
necessary at all.
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\4\ Dam Safety Program. 2021. HQ USACE. https://www.usace.army.mil/
Missions/Civil-Works/Dam-Safety-Program/
\5\ Levee Safety Program. HQ USACE. https://www.usace.army.mil/
Missions/Civil-Works/Levee-Safety-Program/
\6\ Projects by Category: Maritime Channel and Harbor Improvements.
San Francisco District USACE. https://www.spn.usace.army.mil/Missions/
Projects-and-Programs/Projects-by-Category/
\7\ Sanchez, J.E. USACE Asset Management Program. http://www.all-
llc.com/SAME-Newsletters/SAME-09-Conf/Jose%20Sanchez%20-
%20SAME%20Conference_3SEP09.pdf
\8\ Capital Stock: Infrastructure Age. https://
www.iwr.usace.army.mil/Missions/Value-to-the-Nation/Fast-Facts/Capital-
Stock/Infrastructure-Age/
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The USACE's asset management strategy takes a risk-based approach
that attempts to extend the useful life of the USACE's infrastructure.
American Rivers urges the USACE to make a fundamental shift in its
asset management strategy that incorporates consideration of the impact
of the asset on the natural resource--the rivers, streams, and wetlands
that are impacted by the existence of outdated infrastructure. WRDA
2020 directed USACE to develop a comprehensive strategy to address the
extensive fleet of aging projects and infrastructure that is no longer
fulfilling its intended purpose. American Rivers recommends Congress
instruct USACE to:
Develop a program that is focused on restoring and
repairing the impacts of USACE projects on rivers, streams, wetlands
and coasts, by adapting or removing outdated and unnecessary projects.
5. Inventory of Low-head Dams
Low-head dams are smaller barriers, on average less than 25 feet in
height, with water typically flowing continuously over the crest.
Contrary to larger dams used for flood mitigation or impoundment, low-
head dams are used for producing hydropower, diverting irrigation water
or sustaining municipal water supplies. Some low-head dams no longer
provide any benefit and remain only as hazards to life and public
safety because of strong, circulating water conditions under the
water's surface that can trap and drown recreationalist or unaware
persons. Low-head dams have caused more than 1,400 deaths over the past
50 years, with most of those deaths occurring in the past 20 years \9\.
According to American Whitewater's Accident Database, 10 percent of
whitewater fatalities nationwide are a result of individuals getting
caught in a low-head dam hydraulic \10\.
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\9\ Hotchkiss, R. Faculty Outreach Campaign to Promote Low Head Dam
Safety. 2021. https://www.asce.org/communities/institutes-and-
technical-groups/environmental-and-water-resources-institute/news/
faculty-outreach-campaign-to-promote-low-head-dam-safety
\10\ Whitewater Accident & Fatality. 2020. https://
www.americanwhitewater.org/content/Accident/view/
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The Association of State Dam Safety Officials estimates there may
be as many as 5,000 low-head dams, but there is no reliable inventory
of low-head dams in the United States. There are other inventories of
engineered structures, such as the National Inventory of Dams (NID),
but low-head dams are typically not captured in the NID database
because they do not impound a significant amount of water and would not
cause life or property loss upon failure. Furthermore, it's estimated
that only 20 percent of states have adequate data regarding the
location of potentially harmful low-head dams, while over half of the
United States has little or no data \11\.
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\11\ Cech, T., Shipman, N., Bartlett, H., Zimmer, S., Akens, J.,
Wright, K. Low Head Dams--The Attractive Nuisance. 2021. https://
storymaps.arcgis.com/stories/0406e1d232354860a55
b4fc7a3b22b28
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Knowing where low-head dams are located, and their condition is the
first step in mitigating the associated fatal risk. This information
can be provided to states and the public to spread awareness and
minimize the chance of loss of life. A low-head dam inventory could
also provide failing and degraded dams the opportunity for
rehabilitation by retrofitting the structures with modifications such
as rock ramps, stepped spillways, and other physical modifications to
enhance public safety and recreational benefits, while maintaining the
structure's current use. American Rivers recommends Congress instruct
USACE to:
Establish a Nationwide Low-Head Dam Inventory and a State
Low-Head Dam Inventory and Rehabilitation Program, to be administered
by USACE in coordination with FEMA and the Bureau of Reclamation.
Use the proposed inventories to provide public
information resources regarding low-head dam hazards, generate data
that could be used to inform state mapping of low-head dams, and
provide information on available funding and technical resources to
remove and rehabilitate these structures.
Assist state natural resources agencies develop and
implement low-head dam inventories and public education campaigns and
provide financial and technical assistance to state and local
governments and non-profit organizations to rehabilitate or remove
dangerous low-head dam structures that no longer serve a functional
purpose.
Implement other non-structural risk management tools such
as ``control exposure'' techniques such as the use of signage, buoys,
and other safety measures upstream of dams.
6. Federal Levee Assessment and Floodplain Reconnection
Levees have served as a main component of flood risk management for
decades, shown by the over 8,000 levee systems located across the
country, covering over 25,000 miles; however, the average age of these
levees is 58 years \12\. As the climate warms, floods are becoming more
frequent and intense, and it has become evident that many of our levee
systems were not designed to handle these more extreme floods and we
have seen levees overtop or breach. In spring of 2019, the Midwest
alone saw over 80 levee systems breached in severe flooding, resulting
in over $20 billion in damages \13\. In order to safely convey larger
floods, some flood risk management systems should be altered using
setbacks, removals, spillways, or other alterations that will allow
flood waters to access floodplains.
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\12\ National Levee Database. https://levees.sec.usace.army.mil/#/
\13\ Overview of Levees. https://infrastructurereportcard.org/cat-
item/levees/
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With climate and age beginning to impact levees, USACE must
reevaluate existing levees to determine if they are still the optimal
solution or are there newer and more effective means of flood risk
reduction. In our experience working in river conservation and
restoration, along many of our nation's most flood-prone rivers such as
the Mississippi, Missouri, and in the Central Valley of California, we
have encountered levees that are protecting federal land that was
previously acquired because it experienced flood damages. As such, it
is logical that the USACE should assess opportunities to alter levees
that are located on federal public land such as National Wildlife
Refuges, National Parks, National Forests, etc. using setbacks,
removals, spillways, or other alterations that will allow flood waters
to access floodplains.
In many instances altering levees to reconnect floodplains provides
environmental, ecological, and societal benefits. Floodplains offer
natural flood and erosion control at a cost equal or less than the
construction, operation and maintenance cost of levees. The added
benefits of floodplains, such as water quality improvement and
groundwater recharge provide intrinsic value not found in levees.
Floodplains also restore and protect fish and wildlife habitats, many
of whom are endangered species, by providing necessary breeding and
feeding areas. Communities also benefit from floodplains that restore
agricultural or forest lands, protection of drinking water resources,
and safeguarding of significant cultural and historic lands, especially
for Indigenous Tribes. American Rivers recommends Congress instruct
USACE to:
Identify levees that are located on federally owned land,
or owned and operated by federal agencies.
Determine whether the levee should be modified to
reconnect the river to the floodplain due to significant changes to
physical or economic conditions since the project was constructed.
Authorize the Corps to undertake feasibility studies for
any levees identified.
7. Improve the Disposition Study Process
Dams significantly impair river ecosystems by impeding fish,
sediment, and nutrient movement. Dams also alter water temperatures,
disrupt the environmental flow regimes, and change the oxygen levels in
both the reservoir and downstream flows. Dams can pose a safety hazard
as well, especially low-head dams that form retaining waves which have
resulted in several drownings throughout the U.S.
Not all the structures USACE operates and maintains are serving
their federally designated purpose; they serve only as environmental
detriments and human safety hazards and should be reviewed. WRDA 2020
authorized the review of USACE assets and the inventory of those
projects, ``that are not needed for the mission of the Corps of
Engineers.'' For a dam to be removed, explicit authorization for a
project must be approved by Congress WRDA or ownership of the structure
must be transferred to another party who will then take on the cost and
logistics of the dam removal. USACE should use this authorization to
conduct disposition studies and subsequent removal of unnecessary dams
in their fleet.
WRDA 2022 provides an opportunity to authorize both disposition
studies and the subsequent removal of USACE dams. WRDA 2018 Section
1168 gives USACE authority to consider removal of a project under a
disposition study, but the overall trigger for, and breadth of, the
disposition study needs to be improved \14\. To remedy this problem,
Congress should:
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\14\ S. 3021 Sec. 1168. 115th Congress: Water Resources
Development Act of 2018
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Authorize disposition studies for all dams not meeting
the mission of USACE and allow for the deauthorization and removal of
these structures for ecological, economic, and social benefit.
We thank you for consulting with stakeholders whose work and
livelihood will be impacted by WRDA 2022, as well as scientists and
experts who are devoted to protecting water resources. If there are any
questions your committee may have, please do not hesitate to contact
us.
Mrs. Napolitano. Well, thank you, gentlemen, for your
input. And we will now proceed to hear from our witnesses who
will testify. I will ask the witnesses to please turn their
cameras on and keep them on for the duration of the panel.
Thank you very much for being here. And we welcome the
Honorable Wade Crowfoot, secretary of the California Natural
Resources Agency; the Honorable Peter Yucupicio, chairman,
Pascua Yaqui Tribe, Arizona; the Honorable Darrell G. Seki,
chairman, Red Lake Band of Chippewa Indians, Minnesota; the
Honorable Michel Bechtel, mayor of Morgan's Point, Texas, and
president of the Gulf Coast Protection District; Mr. Mario
Cordero, executive director of the Port of Long Beach,
California; Mr. Jim Middaugh, executive director of Multnomah--
did I say that right, sir--County Drainage District, Portland,
Oregon; and Ms. Julie Hill-Gabriel, vice president for water
conservation, National Audubon Society, Washington, DC.
And without objection, your prepared statements will be
entered into the record. And all witnesses are asked to limit
their remarks to 5 minutes. And I will start with Mr. Crowfoot,
you may proceed, sir.
TESTIMONY OF HON. WADE CROWFOOT, SECRETARY, CALIFORNIA NATURAL
RESOURCES AGENCY; HON. PETER YUCUPICIO, CHAIRMAN, PASCUA YAQUI
TRIBE OF ARIZONA; HON. MICHEL BECHTEL, MAYOR, MORGAN'S POINT,
TEXAS, AND BOARD PRESIDENT, GULF COAST PROTECTION DISTRICT;
HON. DARRELL G. SEKI, Sr., CHAIRMAN, RED LAKE BAND OF CHIPPEWA
INDIANS, MINNESOTA; MARIO CORDERO, EXECUTIVE DIRECTOR, PORT OF
LONG BEACH, CALIFORNIA, AND CHAIRMAN, BOARD OF DIRECTORS,
AMERICAN ASSOCIATION OF PORT AUTHORITIES; JIM MIDDAUGH,
EXECUTIVE DIRECTOR, MULTNOMAH COUNTY DRAINAGE DISTRICT,
PORTLAND, OREGON; AND JULIE HILL-GABRIEL, VICE PRESIDENT FOR
WATER CONSERVATION AND ACTING VICE PRESIDENT FOR COASTAL
CONSERVATION, NATIONAL AUDUBON SOCIETY
Mr. Crowfoot. Well, thank you so much. Greetings from
California, Chairwoman Napolitano, Ranking Member Rouzer, and
distinguished members of the subcommittee. Thank you for the
invitation to join you today, and thank you for your
stewardship of the critical investments we will talk about.
As the California Natural Resources secretary in the
administration of Governor Gavin Newsom, I help to oversee
efforts to prepare and respond to water challenges, which
increasingly means what we call weather whiplash of drought and
flood. We believe that California's water challenges, worsening
droughts, dangerous wildfires that impact our watershed, and
intense winter flooding are a microcosm of challenges across
the American West.
The water infrastructure is obviously central to prosperity
in California and the West, and the U.S. Army Corps of
Engineers plays a key role. We are aligned with the Corps to
help communities improve their resilience to this weather
whiplash, to build capacity and partnerships with local
communities, to enable environmental justice in underserved and
rural communities, and to align both natural and engineering
processes to deliver multiple benefits. We are very grateful of
the 2020 WRDA and how it helped put Californians to work with
big investments in the Ports of Los Angeles and Long Beach,
which you will be hearing more about.
We also appreciate WRDA 2020 funding to improve long-term
water reliability across our region. That is our focus too in
State government. Our State's policy blueprint on water, which
we call the water resilience portfolio, supports local
coalitions doing the work it takes to address locally specific
threats of more intense droughts and flood.
In recent years, our State government has made historic
water investments, including committing over $5 billion in last
year's budget. But we know this is just a downpayment. The need
is truly vast. On the flood front, we hope the WRDA that you
develop this year continues the Corps commitment to protecting
our Central Valley in California from flood risk. California
made early investments in flood risk reduction projects in the
Central Valley and generated excess credit in the process.
Our investments were made in good faith on congressionally
authorized projects in a transparent and cooperative way with
the Corps. If the WIIN Act language in WRDA 2022 is not updated
to eliminate the 2024 deadline and clarify how and when non-
Federal sponsor credits are transferred, California risks
stranding over $200 million of investment.
Specifically, our State is depending on these excess
credits to provide a portion of non-Federal cost share on key
flood safety projects that we have underway now. Updates to the
WIIN Act will ensure that the Federal Government and the Corps
can continue to meet their commitments to reduce flood risk in
the Central Valley.
Now in WRDA 2022, we are also asking Congress to support
and prioritize what we call nature-based solutions through the
Corps' Engineering with Nature initiative. We have worked with
the Corps on this approach to integrate nature into
infrastructure, including to expand seasonal flood plains in
many of our watersheds, which both improves flood protection
while also sustaining agriculture and restoring habitat,
improving water quality, and increasing opportunities for
recreation. We feel strongly that the next WRDA should advance
this multibenefit work.
As you know, dredging waterways to project navigation is a
major Corps responsibility. And we are making the case that it
needs to fund beneficial use of dredged, uncontaminated
sediment. Historically, the vast majority of dredge material
gets dumped, really, in our case, in the ocean. And at a time
when sea level rise is threatening beaches, wetlands, ports, we
need the Corps to fund beneficial use of that sediment.
That use of sediment and projects to increase coastal
resilience to restore wetlands needs to be accelerated. And we
are excited to do what we call cut the greentape, deliver
projects more quickly and cost effectively through shared
permit processes, utilizing joint consultation, and shortening
permit review timeline.
Now, new forecasting technologies in what we call FIRO,
forecast-informed reservoir operations, have great potential to
improve utilization of reservoirs across the West and country.
And we are excited that the Corps is advancing this work and
want to continue to partner with the Corps and advocate for
funding to update the Army Corps' flood rules for reservoirs
like Oroville and New Bullards Bar.
Finally, we hope that 2022 WRDA continues to fund and
support the Corps at the Salton Sea in the southern part of our
State in the Imperial Valley. We have committed in State
government major funding to the Salton Sea, and the Corps,
which is the lead Federal agency to restore and stabilize the
sea, requires the funding and priorities to continue to do that
work in partnership with us.
I look forward to working with this committee and its
Members on the priorities. And, once again, Chairwoman
Napolitano, Chairman DeFazio, and Ranking Member Rouzer, thank
you for the opportunity to testify.
[Mr. Crowfoot's prepared statement follows:]
Prepared Statement of Hon. Wade Crowfoot, Secretary, California Natural
Resources Agency
Chairwoman Napolitano, Ranking Member Rouzer and distinguished
members of the Subcommittee, thank you for your stewardship of critical
water and environmental investments across the county. I appreciate the
opportunity to testify before you today to discuss California
priorities for water infrastructure needs in the proposed Water
Resources Development Act (WRDA) of 2022.
As the California Secretary for Natural Resources in the
Administration of Governor Gavin Newsom, I oversee efforts to advance
our mission to restore, protect and manage the state's natural,
historical and cultural resources for current and future generations.
Water is life everywhere, with a profound importance in
California--the state with
the biggest population;
the largest number of plant and animal species;
the most robust agricultural economy;
the most variable precipitation; and
biggest asymmetry between where our rain and snow fall
and where most of that water is used.
Water infrastructure is central to California's prosperity, and the
U.S. Army Corps of Engineers plays a key role.
I am grateful that our Governor's Administration and the Corps are
aligned in our efforts to help communities improve their resilience to
extreme weather events; build partnerships with local communities;
promote environmental justice in disadvantaged, underserved, and rural
communities, and align natural and engineering processes to deliver
environmental, economic, and social benefits.
The 2020 WRDA will help put Californians to work, with its big
investments in the Ports of Los Angeles and Long Beach. We appreciate
the WRDA 2020 resources that allow the Corps to focus on long-term
water reliability and local water supply. That's our focus, too. A
theme of the Newsom Administration's Water Resilience Portfolio, our
policy blueprint, is that every region of California faces different
water challenges, and the state and federal governments must support
local coalitions doing the work it takes to endure more intense
droughts and floods.
In recent years, the state of California has made historic
investments in water resources to support local resilience. The budget
enacted by the Governor and Legislature last year included $5.2 billion
in drought response and long-term water resilience investments. Last
month, the Governor proposed additional investments of $750 million.
These investments will go a long way toward helping the varied regions
of California prepare for distinct challenges as global temperatures
rise. But those billions of dollars are still just a down payment. The
need is vast. For example, in the 400-mile-long Central Valley, where
the rivers running out of the Sierra Nevada mountains drain, we
estimate that it will cost more than $8 billion to achieve a 200-year
level of flood protection for urban areas that include Sacramento,
Stockton, and Merced. The Corps, with a potential 65 percent cost share
through its Civil Works Program, is a crucial partner to helping us
protect lives and property.
In all, the state last year expended $117.5 million for Central
Valley flood risk reduction projects in fiscal year, and the Corps has
spent approximately $175 million in the same period. The 2022 Civil
Works President's Budget includes $190 million for Corps' Central
Valley flood projects, while California's budget includes an additional
$142 million to continue strengthening flood protection. We hope the
WRDA you develop this year continues the Corps' commitment to
protecting the urban areas of California's Central Valley.
There is another important but more technical request I hope you
will consider. At stake is $200 million of investment California
already has made to reduce flood risk in the Central Valley. California
amassed excess credits through early investment in flood risk reduction
projects in the Central Valley. These investments were made in good
faith on congressionally-authorized projects in a fully transparent and
cooperative manner with the Corps. If the WIIN Act language in WRDA
2022 is not modified to eliminate the 2024 deadline and clarify how and
when non-federal sponsor credits are transferred between authorized
federal projects, California risks stranding of over $200 million of
investments.
Revisions to the WIIN Act will ensure that the federal government
can meet its financial commitment to reduce flood risk for 634,000
people and over $84.3 billion of assets in the Central Valley alone.
The state is depending on these excess credits to provide a portion of
the non-federal cost share on the American River Common Features 2016
project and the Lower San Joaquin River Project. The excess credits are
a result of the state's previous investments that accelerated projects,
reduced risk sooner, and reduced the overall cost of the Corps
projects, saving millions of dollars of federal funding. Staff at the
California Department of Water Resources would be happy to work with
you on that issue.
In the 2022 WRDA, we also would like to see Congress encourage the
Corps for further support for ``nature-based solutions,'' such as
through the Corps' ``Engineering with Nature'' initiative. The
California Department of Water Resources entered in an MOU in 2021 with
the Corps to further collaborate on nature-based solutions. We
appreciate the working relationship with the Corps.
We are working together, for example, to expand the floodplains of
the Sacramento, San Joaquin, and Pajaro rivers in order to improve
flood protection while also improving and restoring habitat; sustaining
agriculture; improving water quality, and increasing opportunities for
recreation, outdoor education, and access. It is important that the
next WRDA would advance this multi-benefit work, especially in
communities like south Stockton and Watsonville, where many residents
are low income.
Governor Newsom and California have made climate resilience,
biodiversity conservation and equitable outdoor access for all top
policy and funding priorities. Enhanced partnerships and collaboration
with the Army Corps are critical for these efforts.
Dredging waterways to protect navigation is a major Corps
responsibility. As part of the Corps funding process, they fund
maintenance dredging, but do not routinely fund beneficial use of
dredged, uncontaminated sediment. As a result, the vast majority of
dredged material goes to the lowest-cost disposal option, frequently
ocean dumping. At a time where sea level rise is increasingly
jeopardizing beaches, wetlands, ports and communities, the Corps'
consideration to make beneficial use of sediment a top-funded priority
is critical. In California, this would mean increased coastal
resilience and increased wetland acreage. For example, enlarging and
restoring thousands of acres of wetlands along San Francisco Bay by
beneficially using dredge sediments will protect local communities and
numerous ports from the growing threat of sea level rise while
enhancing carbon sequestration and the Bay's extraordinary biodiversity
as the largest estuary on the West Coast.
Additionally, any opportunities that support projects to increase
coastal resilience, wetland acreage, and other habitat restoration
should be accelerated. California wants to work closely with the Corps
to increase the pace of project implementation by ``Cutting Green
Tape'' through simplified joint permit processes, joint consultations,
and agreed-upon short permit review timelines. We urge the Corps to
make expediting these types of projects a top priority.
We also would appreciate continued Congressional investment in the
Corps' crucial work to update water control manuals that guide
operators at keystone reservoirs including Oroville and New Bullards
Bar.
Many Corps water control manuals have not been updated in more than
a generation. Meanwhile climate change and new forecasting technology
create a need and opportunity for more flexibility in reservoir
operations. In California, we especially appreciate the way the Corps
is aligning its updates of water control manuals with use of forecast-
informed reservoir operations, or FIRO. FIRO is a strategy that
integrates flexibility in reservoir rules of operations and enhanced
forecast skill, to potentially improve operations for flood control and
water supply. DWR and the Corps continue to seek state and federal
funding to support FIRO; the 2021-22 state budget included $10 million
for FIRO. The research arm of the Corps has continued funding to engage
in FIRO projects (about $5 million this year) which includes the Yuba,
Feather, Russian, and Santa Ana rivers in California and the Howard
Hansen dam in Washington state.
Together, updated water control manuals and FIRO can give
California reservoir operators the information and flexibility they
need to adjust to warmer, flashier storms and reduced snowpack. This
will help save lives in wet years and conserve water for dry years. It
is, in other words, a great tool for climate adaptation.
Finally, I hope that the 2022 WRDA continues funding and support
for the Corps at the Salton Sea. California just committed another $220
million over the next three years in habitat restoration and dust
suppression at the Sea. It will take a strong partnership with the
Corps--the lead federal agency on this work--for us to succeed in
protecting public health and maintaining a crucial food supply for
millions of migratory birds.
In the coming year, I look forward to working with this committee
and its members on priorities like these as you chart federal
investments in water resources. Thank you, Chair DeFazio and Chairwoman
Napolitano. This concludes my testimony, and I am happy to answer any
questions you or other members may have.
Mrs. Napolitano. Thank you, Mr. Crowfoot. That was well
put. And I agree with you both on Salton Sea and on the
dredging material.
Next, I would like to recognize Representative Stanton to
introduce the next witness. Mr. Stanton, you are recognized.
Mr. Stanton. Thank you very much, Madam Chair. I am pleased
to welcome to our subcommittee Peter Yucupicio, chairman of the
Pascua Yaqui Tribe in Arizona. For more than 20 years, Chairman
Yucupicio has served the Pascua Yaqui Tribe at first as
treasurer, vice chairman, and now four terms as chairman. He
also serves on the Pima Association of Governments Regional
Transportation Authority and is the 2022 chair of the RTA
Board.
Chairman Yucupicio understands the importance of managing
and protecting the Tribe's very limited water resources. Thanks
to his vision and leadership, the Tribe was the first recipient
of Federal funds under Arizona's environmental infrastructure
authority. In addition, he has been very active in pushing back
against efforts to weaken protections under the Clean Water
Act.
Chairman Yucupicio is also an accomplished musician and was
recently inducted into the Tejano Roots Hall of Fame. Thank you
for joining us, Chairman. We look forward to your testimony.
Mrs. Napolitano. Mr. Yucupicio, you are recognized; you may
proceed.
Mr. Yucupicio. Thank you, Madam Chair. Buenos dias. Good
morning. Lios enchim aniavu. On behalf of all our Tribal
members, on behalf of all the members who are up in the
[speaking Native language], which is in heaven, a blessing from
all our people on our reservation and throughout southern
Arizona and the United States.
Chair Napolitano, Ranking Member Rouzer, and the members of
the subcommittee, my name is Peter Yucupicio, and I am the
chairman of the Pascua Yaqui Tribe. I am here today to testify
on the Water Resources Development Act of 2022, and to urge the
committee to increase the authorization levels for the
environmental infrastructure authorities to help address the
critical need for water infrastructure projects in Arizona and
across Indian Country. I would like to acknowledge and express
my appreciation for the opportunity to testify today.
The Pascua Yaqui Tribe is a federally recognized Tribe with
a reservation southwest of Tucson, Arizona. We are a historic
Tribe with a small reservation established for the use of the
Tribe's 22,000 members. Since our Tribal Federal recognition in
1978, our government has focused on providing housing, public
services, and economic opportunities for our Tribal members.
Like many Tribes, our Tribe has limited access to potable
water. In fact, our reservation doesn't have access to surface
water, and our access to groundwater is extremely limited.
Instead, we get water service from our neighbor, the city of
Tucson.
But the total amount we can receive is capped to less than
1,000 acre-feet of water per year. And we are on a pace to
exceed our water delivery limits with the city of Tucson in
only a few years. That is why the EI program is so critical
since it provides another resource for communities, including
Tribal communities, to meet our water needs.
With the support of Congressman Greg Stanton, the Pascua
Tribe was the first Tribe in Arizona to tap into Arizona's EI
authority.
With funding awarded to the Tribe through the Army Corps,
we are finally able to construct a water distribution line that
will bring nonpotable water to our Tribal Wellness Center, to
irrigate our ballfields, and a public park that we maintain to
encourage the healthy lifestyle for our Tribal members.
By building out the distribution line, we will save about
16 million gallons of potable water, which we can use to supply
water for 375 homes on our reservation. That means a lot to our
small Tribe.
As I work with Tribal leaders here in the West, I see
firsthand a need for additional Federal investment of water
infrastructure on Tribal lands. Unfortunately, many Tribes lack
the financial resources needed to address their water
infrastructure needs. And while our Tribe is grateful to have
been able to tap into resources made available through the
Arizona EI authority, we also are aware that only a small
handful of Tribes across the country have applied for or
received assistance under this program.
The Army Corps has been an excellent partner to the Pascua
Yaqui Tribe as we work to develop our nonpotable water line for
the Wellness Center and our reservation, but the Tribe was
lucky to hear about the availability of funds for the EI
program in the first place. Since the program is not formally
noticed to Indian Tribes, more should be done to assist Tribes
under the EI program.
For example, the Army Corps could develop a Tribal
engagement plan to help bridge the gap for Tribes to
participate in this benefit of EI resources. A Tribal
engagement plan could ensure Tribes receive notice of funding
about the program well in advance of any deadlines. The Corps
could also offer individual Tribal consultations for Tribes
interested in learning more about the EI program.
We also recommend that the committee consider allowing
Tribes to use available Federal funding sources to meet the 25-
percent cost share requirements of the EI program or eliminate
this cost share requirement for Tribes entirely.
Finally, we hope the committee will consider the
opportunity the WRDA presents to expand the mission of the Army
Corps to allow it to provide much greater assistance in water
supply projects moving forward.
Chair Napolitano, Ranking Member Rouzer, and members of the
subcommittee, thank you for the opportunity to testify today. I
would be honored to answer any questions you have, and I also
have here members of our council, which is Secretary Valencia,
Councilwoman Buenamea, and then members of our staff, the
attorneys general. And we are happy to answer any questions.
But living here on the reservation, we actually live on
bedrock, all the surface water, the sheet flooding that runs
off this reservation, so, we can't hold it. And there are laws
that protect that. And the Black Wash that limits us from even
capturing any rainfall or any water. So, that is our status
here.
Thank you.
[Mr. Yucupicio's prepared statement follows:]
Prepared Statement of Hon. Peter Yucupicio, Chairman, Pascua Yaqui
Tribe of Arizona
Lios enchim aniavu, Chair Napolitano, Ranking Member Rouzer, and
members of the Subcommittee. My name is Peter Yucupicio, and I am the
Chairman of the Pascua Yaqui Tribe of Arizona (Tribe). I am here today
to testify regarding the Water Resources Development Act of 2022 (WRDA)
and to urge the Committee to increase the authorization levels for the
environmental infrastructure (EI) authorities under Section 595 of the
Water Resources Development Act of 1999, Public Law 106-53, as amended,
to help address the critical need for water infrastructure projects in
the eligible states, including in our state of Arizona. As discussed in
greater detail below, we also recommend the Committee consider several
other measures in WRDA, including enhancements to EI that could improve
the ability of Indian tribes to access this important program.
I would like to acknowledge and express our appreciation for the
opportunity to testify today and thank the Committee for your continued
support for EI in the biennial WRDA.
Environmental Infrastructure and the Pascua Yaqui Tribe
The Pascua Yaqui Tribe is a federally recognized tribe with a
reservation southwest of Tucson, Arizona. Our Tribe was recognized by
Congress pursuant to the Act of September 18, 1978, P.L. 95-375 (92
Stat. 712), as amended, and the Indian Reorganization Act of 1934 (48
Stat. 984) (IRA). We are an historic tribe with a small, 2,216-acre
Reservation established for the use and benefit of the Tribe's 22,000
members. Since our Tribe's federal recognition in 1978, our Tribal
government has focused on providing housing, public services, and
economic opportunities for our Tribal members on our Reservation and in
our Tribally recognized communities in Arizona.
Like many of our sister tribes here in the west, the Pascua Yaqui
Tribe has limited access to potable water supplies. In the case of our
Tribe, we do not have a surface water supply of our own on the
Reservation and our access to groundwater is extremely limited.
Pursuant to a 2011 Intergovernmental Agreement between the City of
Tucson and Pascua Yaqui Tribe for Potable Water Service (Tucson IGA),
the Tribe receives potable water service from our neighbor, the City of
Tucson, but Tucson caps the amount of water it will deliver to the
Tribe at 600 acre-feet + 300 acre-feet for public facilities. With the
development of much-needed housing for Tribal members and associated
Tribal facilities, we are on course to exceed our water delivery limits
with Tucson in only a few years. This is why the EI authority for
Arizona is so critical, since it provides another resource for
communities, including Tribal communities, to meet our water
infrastructure needs--here with the participation of the U.S. Army
Corps of Engineers (USACE).
With the support of Congressman Greg Stanton, the Pascua Yaqui
Tribe was the first Tribe in Arizona to tap into Arizona's EI
authority. With funding awarded to the Tribe through the USACE, we are
finally able to construct a water distribution line that will bring
non-potable water to our Tribal Wellness Center on the Reservation to
irrigate recreational facilities, including ballfields and a public
park, that we maintain to encourage a healthy lifestyle for our Tribal
members.
Importantly, this project will also result in the conservation of
at least 50 acre-feet (16,292,550 gallons) of potable water each year
on the Reservation, contributing to the protection of the Tribe's
limited water resources and making it possible for the Tribe to provide
a future potable water supply to 375 homes on our Reservation. While we
have many more water challenges to overcome, projects like those
supported by the EI authority and the USACE will help our Tribe achieve
a reliable water supply for our growing Tribal population. We are
therefore grateful for this program and urge the Committee to increase
the authorization for the Arizona authority and expand the number of
states (and thus tribes) that are eligible to participate.
On the funding side of things, Indian tribes are only now learning
about the EI program and as discussed below, tribes face barriers to
participation in federal infrastructure programs, like the Arizona EI
authority, that often preclude our participation in these programs.
Without additional authorization and more resources for EI, it is
likely that tribes will be frozen out of the benefits of EI once again,
since this funding will be quickly secured by municipalities and other
non-tribal beneficiaries that are more familiar with the EI program,
despite the urgent need for water supply and water resource projects
and technical assistance on tribal lands.
Recommended Improvements in the Environmental Infrastructure Program
As the Chairman of the Pascua Yaqui Tribe, I frequently interact
with tribal leaders from federally recognized Indian tribes located
throughout the West and see first-hand the glaring need for additional
federal investments in the development, repair, and replacement of
water and wastewater infrastructure on Tribal lands, among other
environmental infrastructure projects. Indeed, as tribes struggle with
years of drought and the reality of a much hotter and drier future,
Indian tribes, just like many of our neighboring communities, need
increased access to financial resources and technical assistance--like
those provided by the EI--to enhance, and in many instances retool, our
existing water supply and wastewater systems to conserve water, offset
potable uses, and recycle water to support the health of our
environment and provide a more flexible water supply for our future.
Unfortunately, many tribes simply lack the financial resources
needed to address these infrastructure needs. Compounding these
challenges, tribes often find that federal programs established to
address water infrastructure needs in the Unites States are hard to
access, require an insurmountable cost share, or have screening
criteria that do not fit the circumstances of tribal communities. And
while our Tribe is grateful to have been able to tap into resources
made available through the Arizona EI authority, we are also aware that
only a small handful of tribes in EI eligible states have applied for
or received funding or technical assistance under this important
program. Accordingly, on behalf of the Pascua Yaqui Tribe and our
sister tribes her in the West, in addition to increasing the
authorizations for these EI authorities, we respectfully urge the
Committee to consider the following actions that would expand tribal
access to the EI program and support important water resiliency
projects on tribal lands.
1. The USACE should develop a plan for tribal engagement on the EI
The USACE has been an excellent partner to the Pascua Yaqui Tribe
as we work to develop our non-potable water line for the Wellness
Center on our Reservation. But our Tribe was lucky to hear about the
availability of funds for the EI program in the first place, as the
program is not formally noticed to Indian tribes in eligible states. In
fact, it was only through the tribal outreach efforts of Congressman
Stanton and his office that the Tribe became aware of its eligibility
for EI and the potential fit between our Wellness Center project and EI
criteria.
Indian tribes, especially smaller and rural tribes, often lack the
in-house resources and capacity to independently identify programs like
the EI program as a source of technical assistance and support for
critical water supply projects on their reservations. The development
of a written plan for tribal engagement on EI by the USACE could help
bridge this gap for tribes and provide a much greater opportunity for
Indian tribes to participate in the benefit of EI resources. The tribal
engagement plan could, among other things, require that a notice of
funding availability be shared with eligible tribes well in advance of
any applicable deadlines. To be effective, the notice could also
outline, in a clear and concise way, what projects are eligible for EI
assistance, the timelines for applying for such assistance, and the
contact information for local USACE staff who are able to provide
guidance on the application process. The USACE could also offer
individual government-to-government consultation with tribes interested
in learning more about the EI program.
2. Cost Share and Reimbursement Requirement
While there are several federal grant programs available to help
tribes build critical water and wastewater infrastructure on tribal
lands, in many instances, these programs require a non-federal cost-
share match by the tribe, often from 50% to 75% of the total project
cost. While the EI program is an improvement, since the non-federal
cost share is only 25%, even this can be a significant barrier for
participation in the program for tribes.
As this Committee knows well, constructing and repairing water and
wastewater facilities and other environmental infrastructure projects
requires a substantial capital expenditure for any community. In non-
native communities, these types of capital improvements are typically
funded through tax-payer dollars and bonds, as well as impact fees
assessed to private developers. However, tribal communities do not have
the same mechanisms to generate or receive tax benefits or otherwise
use bonding capacity. Moreover, because tribes develop and maintain
these large water resource projects to facilitate their own economic
development projects or to support tribal services and tribal housing,
tribes do not have the benefit of assessing impact fees on developers
to help fund these projects.
Tribes' inability to tap into sources of revenue like certain
taxes, bonds, or impact fees on par with their neighboring communities
magnifies the difficulty presented by the EI's non-federal 25% cost
share. First, without sufficient water and wastewater infrastructure,
tribes are unable to engage in robust economic development projects
that could provide a source of revenue to meet the 25% cost share
requirement, even though the very lack of water related infrastructure
is what makes the tribe eligible for the EI program in the first place.
This presents a difficult chicken and egg situation for tribes. Second,
because the 25% cost share must be non-federal, tribes are unable to
use other sources of available federal dollars that they may have
access to in order to fund the non-federal 25% cost share, even if cost
share is allowable under other federal programs.
In recognition of the unique circumstances faced by Indian tribes,
including tribes' limits on access to revenue sources that are
available to non-native communities and the dire need for water and
wastewater infrastructure on tribal lands, the Tribe recommends the
Committee consider allowing Indian tribes to use available federal
funding sources to meet the 25% cost share requirement of the EI
program or eliminate this cost share requirement for tribes entirely.
In addition, the reimbursable nature of the EI program also
presents barriers to tribal participation. Specifically, the EI program
requires participating tribes to fund 75% of the construction costs of
EI approved projects up front, with the USACE providing a subsequent
reimbursement of costs to the tribe after the fact. In many instances,
however, tribes lack the financial tools or tribal funding sources (as
discussed above) to participate in programs like EI that only reimburse
the tribe for construction costs after the fact. To ensure greater
participation of tribes in the EI program, the Committee should
consider changes to these requirements for tribal participants.
While small, the changes to the EI program discussed in our
testimony today would be a big step in assisting tribes to fully
participate in this program on par with non-native communities,
providing a federal investment on tribal lands that will assist tribes
in meeting critical water needs now and in the future.
Expand the Mission of the Army Corps of Engineers
While it is our understanding that the WRDA has typically focused
the USACE's mission on traditional civil works purposes, including
improving navigation, reducing flood risk, and restoring aquatic
ecosystems, there is a very strong need for the USACE to expand its
core mission to include water supply projects generally. The need for
assistance from the USACE in the development of these types of projects
could not be greater for communities in the West, as we see the impacts
of drought and ongoing aridification drastically depleting the
availability of water resources at both a local and regional scale. The
USACE stands in a unique and important position to assist communities,
including our tribal communities, as we adapt to these rapidly
developing water supply challenges in real time. We hope the Committee
will consider the opportunity that WRDA presents to expand the mission
of the USACE to provide much greater assistance in water supply
projects moving forward.
Conclusion
Chair Napolitano, Ranking Member Rouzer, and members of the
Subcommittee, thank you for the opportunity to testify today. On behalf
of the Pascua Yaqui Tribe, we urge the Committee to consider the
recommendations set forth in our testimony that have the potential to
magnify the impact of the WRDA in Indian Country. We are also grateful
for the inclusion of Arizona in the EI program and for the benefit it
is bringing to help meet the water needs of our Tribe. I would be
honored to answer any questions you may have.
Mrs. Napolitano. Thank you, Mr. Yucupicio, for your
comments. And your points are well taken.
I now recognize Representative Babin to introduce our next
witness. Mr. Babin, you are recognized.
Dr. Babin. Yes, ma'am. Thank you, Madam Chair, I really
appreciate it. And I am elated to welcome my very close friend,
the Honorable Michel Bechtel, to today's Committee on
Transportation and Infrastructure's Water Resources and
Environment Subcommittee hearing. I have known Mayor Bechtel
for just shy of a decade, and in that time, I have met few
others as dedicated or as knowledgeable as he is when it comes
to the protection and the promotion of southeast Texas and our
many essential ports and the valuable energy infrastructure
that we have along our Texas coast.
As president of the Gulf Coast Protection District, Mayor
Bechtel provides a unique and informative perspective for
ongoing projects in the gulf region. I am very pleased to be
able to publicly thank him for the work and the study that he
has put in to benefit my constituents in the 36th Congressional
District of southeast Texas in the Greater Houston area, and
the local relations with the Army Corps of Engineers. I really
appreciate Mayor Bechtel.
In addition to his work with the Gulf Coast Protection
District, Michel serves as the mayor of Morgan's Point in my
district as well. He has been one of the most positively
influential community servants in Texas, and I can think of no
one more qualified and knowledgeable to be sitting here today.
I can also vouch for his marksmanship and his ability to take a
duck down at any blind.
Welcome, and we look forward to your testimony, Mayor. And
with that, Madam Chairwoman, I yield back.
Mrs. Napolitano. Mayor Bechtel, you may proceed. You are
being recognized, sir.
Mr. Bechtel. Thank you for you kind words, Congressman. And
Chairman Napolitano, Ranking Member Rouzer, Chairman DeFazio,
members of the subcommittee, thank you for the opportunity to
testify before you today to discuss stakeholder priorities for
the proposed Water Resources Development Act. My name is Michel
Bechtel. I am the mayor of the city of Morgan's Point, Texas,
and president of the Gulf Coast Protection District.
In 2021, the Texas Legislature created the Gulf Coast
Protection District to serve as a non-Federal sponsor of the
storm surge protection system described in U.S. Army Corps of
Engineers Coastal Texas Protection and Restoration Chief's
Report. The Chief's Report was signed on September 16, 2021.
The district's 5-county territory, Chambers, Galveston,
Harris, Jefferson, and Orange, is home to over 5\1/2\ million
residents, 8 ports, and 9 congressional districts. The district
will also be the non-Federal sponsor of the Sabine to Galveston
projects located in the territory.
Sabine to Galveston was fully funded in the Bipartisan
Budget Act of 2018 and has already begun construction in some
locations. The Coastal Texas Study presents a plan that will
protect the upper Texas coast against hurricane storm surge
from the Gulf of Mexico.
The proposed components include a gate system, a nature-
based beach and dune system, ring barriers, and gates and pump
station systems on the mainland coast. The multiple lines of
defense provide a delicately balanced approach to protecting
essential human and economic infrastructure that contributes
significantly to the Nation's economy while preserving the
beaches and unique ecosystems on the Texas gulf coast.
This project is not only important to the safety of the
upper Texas coast residents, but provides vital protection for
the economy of the States you represent and the whole Nation.
During 2021, we witnessed a fragility of supply chains that
resulted in monumental economic disruptions. Understanding
supply chain perspectives when major hurricane disasters hit
the upper Texas coast is important for recognizing the
considerable national benefits of the Texas coastal storm surge
protection plan.
Following major weather events, supply chains are affected
by storm damage to structural and human infrastructure. Reduced
worker capacity impedes recovery work at facilities,
exaggerating supply chain disruptions. Truckdriver shortages, a
key component to this human infrastructure, intensified
following storms. Trucks move the supply chain for the top 10
commodities, including electronics, grocery and convenience
store goods, hardware, gravel, grains, and gasoline.
Agriculture is impacted by supply chains supporting fertilizer,
seed, crop protection products, and machinery parts.
In 2020, the U.S. exported over $1.2 trillion in
manufactured goods. The Houston Port region is home to the
largest petrochemical complex and export port in the United
States, providing $802 billion in national economic value.
If back-to-back hurricanes hit the Houston Ship Channel
similar to Louisiana in 2020, critical economic activity in the
port could be shut down for an extended period. This means no
port activity, no cargo, no commerce, no jobs.
Staggeringly, 96 percent of all manufactured goods are
directly touched by the business of chemistry. Texas is the
largest chemistry producing State in the Nation. The business
of converting these basic chemicals into textiles, food
packaging, automotive parts and safety glass, home furnishings,
construction and roofing materials, paints and coatings,
pharmaceuticals, and fertilizers occurs in other States, many
of which are represented on this subcommittee.
If left unprotected, major storms impacting petrochemical
and port infrastructure would significantly disrupt
manufacturing, retailers, and business operation supply chains
in States across the Nation.
If the region's chemical producers can't produce
ingredients, manufacturers can't generate products, truckers
and air freight can't move inventories, retailers can't stock
shelves, and exports are halted. In addition, 80 percent of the
Nation's military grade fuel is supplied by this region, a
national security issue for you to consider. The deep and
significant impact of protecting this region from catastrophic
storm surge is evident. The security of State and national
economies will be hugely improved with the implementation of
the coastal Texas projects.
In closing, I leave you with how the coastal Texas project
could affect your jurisdictions. Import and export commodities
moving through the Houston Port region are connected to
manufacturing and retail supply chains in each of your home
States. Each of your States have commodities that import
through Port Houston.
Thank you, again, for this opportunity. As you deliberate
the stakeholder priorities presented to you, I urge you to
consider authorization of the Coastal Texas Study. The projects
represented in coastal Texas offer not only a comprehensive
storm surge reduction plan, but a plan of undeniable return on
investment. The Gulf Coast Protection District is ready to
begin a long-term partnership with the U.S. Army Corps of
Engineers to carry out this once in a lifetime and landscape-
changing project. Again, thank you.
[Mr. Bechtel's prepared statement follows:]
Prepared Statement of Hon. Michel Bechtel, Mayor, Morgan's Point,
Texas, and Board President, Gulf Coast Protection District
Chairman DeFazio, Chairwoman Napolitano, Ranking Member Graves,
Ranking Member Rouzer, and distinguished members of the Subcommittee,
thank you for the opportunity to testify before you today to discuss
stakeholder priorities for the proposed Water Resources Development Act
(WRDA) of 2022.
My name is Michel Bechtel. I am Mayor of the City of Morgan's
Point, Texas and the President of the Gulf Coast Protection District.
In 2021, the Texas Legislature created the Gulf Coast Protection
District (the District) to serve as the non-federal sponsor for the
storm surge protection system described in the Coastal Texas Resiliency
Improvement Plan identified in the US Army Corps of Engineers (USACE)
Coastal Texas Protection and Restoration Chief's Report (Coastal Texas
Chief's Report), signed on September 16, 2021. The District's five
county territory: Chambers, Galveston, Harris, Jefferson, and Orange,
is home to over 5.5 million residents, eight ports, and nine
congressional districts. The District will also be the non-federal
sponsor of the Sabine Pass to Galveston Bay Texas Coastal Risk
Management (S2G) projects located in this territory and was fully
funded in the Bipartisan Budget Act of 2018.
The Coastal Texas Chief's Report presents a plan that will
safeguard the upper Texas coast against hurricane storm surge arising
from the Gulf of Mexico and Galveston Bay. Gulf defenses include a gate
system and a nature-based beach and dune stem coupled with Bay defense
systems involving a Galveston Island ring barrier system and gates and
pump station systems on the mainland coast. These multiple lines of
defense provide a delicately balanced approach to protecting essential
human and economic infrastructure that contributes significantly to the
nation's economy while preserving the beaches and unique ecosystems on
the Texas coast.
This project is not only important to the safety of upper Texas
Coast residents but provides vital protections for the economies of the
states you represent, and the nation. During 2021, we witnessed the
fragility of supply chains that resulted in monumental and catastrophic
economic disruptions. Understanding supply chain perspectives when
major hurricane disasters hit the upper Texas coast is important for
recognizing the considerable national benefits of a Texas coastal storm
surge protection system.
Following major weather events, supply chains are affected by storm
damage to structural and human infrastructure. Reduced worker capacity
impedes recovery work at facilities thus exacerbating supply chain
disruptions. Truck driver shortages, a key component of this human
infrastructure, intensify following storms. Trucks move the supply
chain for the top 10 commodities including electronics, grocery and
convenient store goods, hardware, gravel, grains, and gasoline.
Agriculture is impacted by supply chains supporting fertilizer, seed,
crop protection products, and machinery parts.
In 2020, the U.S. exported over $1.171 trillion in manufactured
goods, with small businesses comprising ninety-six (96) percent of all
exporters in the U.S. The Houston Port Houston region is home to the
largest petrochemical complex and export port in the United States,
providing $801.9 billion in national economic value. With sequential
major hurricanes hitting the Houston Ship Channel and direct hits 12
miles apart (similar to Louisiana in 2020), critical economic activity
in the Port Houston Ship Channel could be shut down for an extended
period. This means no port activity, no cargo, no commerce, and no
jobs.
Staggeringly, approximately ninety-six (96) percent of all
manufactured goods are directly touched by the business of chemistry.
Roughly, eighty (80) percent of all primary petrochemicals are produced
in Texas and Louisiana, with Texas being the largest chemistry
producing state in the nation. Approximately, forty-two (42) percent of
the nation's specialty chemical stock is required in a wide range of
everyday products used by consumers and industry. The business of
converting these basic chemicals into textiles, food packaging,
automotive parts and safety glass, home furnishings, construction and
roofing materials, paints and coatings, pharmaceuticals, and
fertilizers occurs in other states, many of which are represented on
this subcommittee.
With over seventy (70) percent of the nation's freight by weight
moved by trucking and (60) percent of the aviation fuel produced in the
upper Texas Gulf Coast affecting air freight, major storms impacting
petrochemical and port infrastructure would significantly disrupt
manufacturing, retailers, and business operation supply chains in
states across the nation. If the region's chemical producers can't
produce ingredients, manufacturers can't generate products, truckers
and air freight can't move inventories, retailers can't stock shelves,
and exports are thwarted. In addition, eighty (80) percent of the
nation's military grade fuel is supplied by this region. The deep and
significant impact of protecting this region from catastrophic storm
surge is evident. The security of state and national economies will be
hugely improved with the implementation of the Coastal Texas projects.
In closing, I will leave you with how this could affect your
jurisdictions. Import and export commodities moving through the Houston
Port region are connected to manufacturing and retail supply chains in
each of your states. The following are top commodities based on tonnage
that import through Port Houston to states represented on the
Subcommittee:
Machinery, Appliances and Electronics are received by
California, North Carolina, Arkansas, Georgia, Illinois, New Hampshire,
New Jersey, South Carolina, Tennessee, Oregon, and Missouri.
Hardware and Construction Materials received in
California, Oregon, Arkansas, Arizona, North Carolina, Georgia,
Louisiana, New Hampshire, New Jersey, New York, South Carolina, and
Missouri.
Automotive are the top commodities received in South
Carolina, Tennessee, North Carolina, and Louisiana.
Chemicals, Minerals, Resins and Plastics received in
Arkansas, Arizona, California, Florida, Georgia, Illinois, Louisiana,
Missouri, North Carolina, New Hampshire, New Jersey, South Carolina,
Tennessee, and New York.
Retail Consumer Goods received in Arkansas, New York,
Oregon, Arizona, and Puerto Rico.
Steel and Metals received in Arizona, New Jersey, New
York, Tennessee, Oregon, and Missouri.
Food and Drink received in California, Arkansas, Arizona,
Florida, District of Columbia, Illinois, New York, New Jersey, and
Louisiana.
Furniture received in Florida and North Carolina.
Thank you again for this opportunity. As you deliberate the
stakeholder priorities presented to you, I urge you to consider
authorization of the Coastal Texas Study. The projects represented in
Coastal Texas offer not only a comprehensive storm surge reduction plan
but a plan of undeniable return on investment. The Gulf Coast
Protection District is ready to begin a long-term partnership with the
USACE to carry out this once in a lifetime and landscape-changing
project.
attachment
[Editor's note: Mr. Bechtel submitted an attachment to his prepared
statement which is retained in committee files and available online at
https://
docs.house.gov/meetings/PW/PW02/20220208/114380/HHRG-117-PW02-Wstate-
BechtelM-20220208-SD001.pdf ]
Mrs. Napolitano. Thank you very much for your comments,
sir. Chairman Seki, you may proceed.
Mr. Seki. Aaniin, distinguished members of the
subcommittee.
[Speaking Native language.]
My name is Darrell G. Seki, Sr. I am the chairman of the
Red Lake Band of Chippewa Indians, and I speak on behalf of the
Tribal Council and our membership.
Chi miigwetch to you and the other distinguished
subcommittee members for the opportunity to testify on the
experiences of Red Lake Band of Chippewa Indians working with
the Army Corps of Engineers.
The Red Lake Band Indian Reservation is composed of more
than 840,000 acres in northern Minnesota. Nearly 29 percent of
the Red Lake Reservation is covered by water. That is 240,000
acres. The Army Corps projects have drastically changed our
environment, preventing fish passes and damaging 25,000 acres
of the Zah-Gheeng Marsh, which was one of the last remaining
extensive tracts of pristine marsh in the North Central States.
Beginning with the passage of the Flood Control Act of
1944, the Corps replaced the stop log structure at the outlet
of Lower Red Lake with a new lift-gate dam, constructed a low-
head rock dam several miles downstream from the outlet, as well
as dredged and channelized significant portions of the Red Lake
and Clearwater Rivers.
After these projects were complete, significant drying of
the marsh was observed, along with the disappearance of water
fowl and furbearing populations that the band had relied upon
for generations for food, culture, and economic purposes. Fish
passage restrictions also became a huge problem.
In 1957, the U.S. Fish and Wildlife Service issued a report
on environmental damages resulting from the flood control
project. But some secret efforts by the Army Corps to restore
our environment failed. The Red Lake knows that our experience
with the Army Corps is not unique. It is apparent throughout
Indian Country.
The band supports the other Tribes' efforts to win redress
concerning the Dakota Access pipeline, the Enbridge Line 5
pipeline, and the Enbridge Line 3 pipeline. Last year, the band
was party to a lawsuit against the Army Corps to request a
preliminary injunction to stop construction of Enbridge Line 3.
While Red Lake cannot say our relationship with the Army
Corps has been cordial at all times, there are three particular
moments in Red Lake's history where the band's relationship
with the Army Corps has made headway. One, the restoration of
the walleye population. Two, the construction of the fish
passage in 2011. Three, current efforts to rehabilitate marsh
lands surrounding the dam.
I have discussed these all thoroughly in my written
testimony. But today, I want to focus on our joint efforts to
address the fish passage and the rehabilitation of Zah-Gheeng
Marsh. We are currently conducting a feasibility study funded
by the Corps before we begin a two-phased restoration.
Phase 1 will address the fish migration barrier constructed
by the Army Corps in 1958. Phase 2 will focus on restoring the
marsh. This will allow for necessary seasonal flooding of this
wetland and help with downstream flooding issues, because
wetlands are very effective at holding water during high-water
periods.
As the subcommittee prepares for the Water Resources
Development Act of 2022, we urge you to include three critical
provisions. First, appropriate $950,000 in construction funds
to support phase 1 of Red Lake's fish migration and Zah-Gheeng
Marsh rehabilitation project.
Second, appropriate $100,000 for the Army Corps to enter
into agreement with Red Lake to conduct biological surveys
before and after phase 1 is complete to show the impact and
effectiveness of the Corps' investment. Currently, Red Lake is
home to the one of the largest concentrations of native
freshwater mussels in the State of Minnesota. It is an area of
special concern.
Three, Congress should direct the Army Corps to hire a
Tribal Liaison for each district to increase Government-to-
Government consultation and to ensure that Tribal concerns are
addressed in a timely manner.
I want to say chi miigwetch for allowing me the opportunity
to testify today. We look forward to working with your
subcommittee to guide the Corps into a new direction. Again,
chi miigwetch.
[Mr. Seki's prepared statement follows:]
Prepared Statement of Hon. Darrell G. Seki, Sr., Chairman, Red Lake
Band of Chippewa Indians, Minnesota
Aaniin (Hello/Dear) Chairman DeFazio, Chairwoman Napolitano, and
Ranking Member David Rouzer,
Chi miigwetch (many thanks) to you and the other distinguished
Subcommittee members for this opportunity to testify on behalf of the
Red Lake Band of Chippewa Indians (Red Lake or the Band). We are
particularly appreciative of your efforts to hold this hearing, which
includes a voice often left out of critical conversations surrounding
the work of the Army Corps of Engineers (Army Corps)--Indian Country.
While there have been many attempts by the federal government to
reduce our homelands, Red Lake is proud to say our 840,000-acre
Reservation in Northern Minnesota is held in trust by the United States
and has never been broken apart or allotted. For those who are not
familiar with the geography of the State of Minnesota, there is a
reason people call it the land of 10,000 lakes--nearly 29 percent of
Red Lake's Reservation (240,000 acres) is covered by water.
Referred to in early treaties as the Band's ``food store,'' Red
Lake Band members have relied on its vast bodies of water and
associated wetlands for subsistence fishing and harvesting of animals
and plants for food and medicine since time immemorial. As such, each
Band Member is charged with the responsibility of sustaining and
protecting our pristine environment and natural resources, and carrying
on the legacy of our inheritance, our sovereignty, customs, and
traditions.
Despite the importance of maintaining the bodies of water within
its boundaries for Red Lake Band members, it has taken the Army Corps
decades to share and meet Red Lake in its goal of rehabilitating our
environment that has been drastically changed due to past Army Corp
projects.
History of Red Lake Engagement with the Army Corps of Engineers
The Flood Control Act of 1944 authorized the Army Corps to conduct
several activities within the Red Lake reservation for the primary
purposes of flood control, pollution abatement, and drinking water
supply to downstream communities off the reservation. Project
activities included the replacement of a stop log structure at the
outlet of Lower Red Lake with a new lift-gate dam, construction of a
low-head rock dam several miles downstream from the outlet, as well as
the dredging and channelization of significant portions of the Red Lake
and Clearwater Rivers.
The Band and the Department of the Interior gave permission to
conduct the Red Lake and Clearwater Rivers Project through a series of
General Council Resolutions dated Oct 22, 1947, October 28, 1948, and
April 17, 1949. Authority was also vested in the U.S. Department of the
Army to maintain and operate the dam they were to construct. This
permission was granted provisionally, which means that violation of the
provisions in the resolutions is a violation of the agreement made
between the United States and the Band to conduct the project.
Provisions included the right of the Band to claim damages against the
United States arising from the project, and that the Red Lake Marsh
(Zah-Gheeng Marsh) was to remain in its natural state.
The project began in 1950 and was largely completed in 1951. Just a
few years later, significant desiccation of the marsh was observed,
along with the disappearance of waterfowl and furbearer populations
that the Band had relied upon for generations for food, cultural, and
economic purposes. Fish passage restrictions were also a problem. Prior
to channelization of the Red Lake River by the Army Corps, the Zah-
Gheeng Marsh, consisting of about 25,000 acres, was considered to be
one of the last remaining extensive tracts of pristine marsh in the
North Central States. Early reports by visitors to this area spoke on
the beauty of the marsh and that it was teeming with wildlife of all
kinds. That all changed with the activities of the Army Corps, which
resulted in the loss of 25,000 acres of pristine marsh.
In 1957, the U.S. Fish and Wildlife Service issued a report on
environmental damages resulting from the flood control project. The
report identified, and attempted to quantify, biological and monetary
damages that the new dam and channelization of the Red Lake River
caused in terms of loss of wildlife, fish passage losses, increased
wild fires, and economic losses to the Band. One method suggested in
the report was to partially restore the marsh by digging intake
channels on either side of the river at the outlet, in an effort to
reflood the marsh via gravity flow. This project was subsequently
constructed, but never worked. Other activities and works were proposed
throughout the decades, with some being implemented, including a fish
passageway just below the dam in 2011, but the Zah-Gheeng Marsh remains
in the same poor condition today.
Red Lake knows too well that our experience with the Army Corps is
not unique to Indian Country. The Band has been supportive of other
tribes' efforts for redress concerning the Dakota Access pipeline, the
Enbridge Line 5 pipeline, and the Enbridge Line 3 pipeline. Last year
the Band was party to a lawsuit against the Army Corps, which permitted
construction of the Enbridge Line 3 pipeline in Minnesota. The Band
requested a preliminary injunction to stop construction, for alleged
inadequacies in the Army Corps' climate change-related analyses. The
Court denied the motion without addressing the Plaintiffs' argument
concerning inadequacies in the Army Corps' climate change-related
analyses. Despite this, Red Lake continues to stand with other Tribes
in overcoming Army Corps' lack of regard for our homelands and natural
resources.
Red Lake's Current Efforts to Partner with the Army Corps of Engineers
for Habitat Rehabilitation
While Red Lake cannot say our relationship with the Army Corps has
been cordial at all times, there are three particular moments in Red
Lake's history where the Band's relationship with the Army Corps has
made headway--(1) restoration of the walleye population; (2)
construction of the fish passage in 2011; and (3) current efforts to
rehabilitate marsh lands surrounding the dam.
1. Restoration of the Walleye Population
In 1917, the Band began operation of the Red Lake Fishery to combat
a regional food shortage during World War I. Subsequently, the
Secretary of the Department of Interior established regulations at 25
CFR Part 242 authorizing the Band to engage in commercial fishing.
Today, the tribally owned and operated Fishery continues to play an
important role in the life of the Band by maintaining local food
sources and contributing to the local economy. During the peak fishing
season, the Band supports 75 full time employees and over 700
fishermen-and-women, distributing $60,000 to $120,000 weekly to its
fishermen-and-women. In 2021, the Fishery caught nearly half a million
pounds of walleye for commercial distribution. This was the 15th year
of fishing after the walleye population was restored and the Band
remains committed to being a good steward of their lands. In 2006 and
2013, the Band was recognized by the Harvard Project on American Indian
Economic Development for its multi-pronged plan to monitor, restore,
and maintain the walleye population in which its livelihood depends.
2. Construction of the Fish Bypass in 2011
In 2011, the Band and Army Corps worked successfully on
constructing a fish bypass around the Red Lake Dam, after 60 years of
expressed concerns over the fish outmigration problem at the dam. There
has always been distrust between the Band and the Army Corps. Red Lake
Band members strongly believe the dam was only constructed for
downstream agricultural and flood control interest off the reservation.
Not for the interest of the Red Lake people. The construction of the
fish bypass was thus an important first step in rebuilding trust
between the Band and the Army Corps.
3. Current Efforts to Rehabilitate Marsh Lands Surrounding the Dam
In 2020, the Red Lake Band started the process of gathering support
for a multi-agency effort to address the fish passage and Zah-Gheeng
marsh degradation on the Red Lake Reservation as a result of past Army
Corps channelization of the Red Lake River. Over the past year we have
been able to build momentum for this project and have had meetings, and
gained support and expertise from the Army Corps, U.S. Fish and
Wildlife Service, and the Minnesota Department of Natural Resources. As
such, the Army Corps has secured funds to conduct a current feasibility
study to address fish passage and Zah-Gheeng marsh degradation, which
is expected to be completed by September of 2022.
The Band will then begin pursuing construction dollars to implement
a two phased restoration approach. Phase one will address the fish
migration barrier constructed by the Army Corps in 1958. This 80-foot
concrete structure will be altered to allow native fish species to
ascend past this structure and continue their migration toward Red
Lake. The Band has been cooperatively working to restore the lake
sturgeon population of the Red Lakes for the past 15 years. The Lake
Sturgeon is an historically important species to the Band, but they
were extirpated from Red Lake by 1950. This was likely a direct result
of Army Corps' project activities, with sturgeon not being able to
return to the Red Lakes on their spawning migrations. Sturgeon use
rivers, as we use highways, for seasonal movements. The construction of
dams in the Red River of the North Watershed was a major factor causing
this species to become extinct in the watershed. If funding can be
secured, alterations to this structure should be completed by the end
of 2024.
The second phase of this project will focus on restoring the marsh
that remains in a degraded, unproductive state, since the
channelization of this section of the river in 1951 by the Army Corps.
The marsh restoration is being studied as part of the same feasibility
study with a draft to be completed by September of 2022. This phase
will be much larger and more complex than phase one and will require
additional time to implement. To restore a functional marsh, the levees
will have to be breached and the original river channel will have to be
reestablished. This will allow for seasonal flooding of this wetland,
which will make it more productive for fish, waterfowl, and furbearers
which are important to the way of life of the Red Lake people. The
restoration of the marsh will also help with downstream flooding
issues, because wetlands are very effective at holding water during
high water periods. Funding for this phase will likely be asked for in
the 2024 Water Resources Development Act.
To document the impact and effectiveness of these restoration
efforts, pre- and post-biological surveys should be conducted as part
of this effort. This will include fish and mussel surveys in the river
above and below the dam, before and after our restoration efforts in
phase one. Furbearer and waterfowl monitoring should also be conducted
in the marsh area pre- and post-restoration during phase two. These
surveys will document the success of our efforts and can be used as a
model for future restoration effort in the United States.
Recommendations
As the House Subcommittee on Water Resources and Environment begins
to prepare its Water Resources Development Act (WRDA) of 2022, we
encourage the Subcommittee to include funding for innovative projects
that the Army Corps is undertaking with tribal governments, like Red
Lake's--one of partnership, collaboration, and focused on
rehabilitating, sustaining, and protecting our natural resources. More
specifically, we encourage the Subcommittee to:
1. Provide the Army Corps with $950,000 in Construction Funds to
Support Phase One of Red Lake's Fish Migration/Zah-Gheeng Marsh
Rehabilitation Project. These funds will be used to alter the current
concrete low head dam to facilitate fish movement over this structure.
We will be using a pool riffle design, which has been shown to be very
effective in accomplishing this objective with very little
environmental impact. This project will help the Band in its lake
sturgeon restoration efforts and repair the negative impacts on the
fish and mussel communities associated with the current structure. This
phase of the project should be completed in 2024.
2. Provide the Army Corps with $100,000 for a reimbursable
agreement with the Band to Perform Biological Surveys Before and After
Phase One of Red Lake's Fish Migration/Zah-Gheeng Marsh Rehabilitation
Project to Show the Impact and Effectiveness of the Army Corps'
Investment. Comprehensive fishery and mussel surveys will be conducted
before and after the alteration of the dam to show the impacts and
effectiveness of this project. A comprehensive fisheries survey will be
conducted on the 12 miles of the Red Lake River within the boundaries
of the Red Lake Reservation. This survey will be repeated once the
modification of the dam is complete to show the positive results of
this project. A comprehensive mussel survey will be conducted below and
above the dam before and after the dam is modified. Fish are the main
way that larval fresh water mussels are transported upstream, and this
project should have positive effects on this community. The project
site contains one of the densest concentrations of native freshwater
mussels in the state of Minnesota, and so it is an area of special
concern.
3. In order to fulfill its Trust Responsibility, the Army Corp
should staff a dedicated Tribal Liaison for each District to increase
government to government consultation and to ensure that tribal
concerns are addressed in a timely manner. This liaison should, at a
minimum, contact designated tribal staff monthly to address any ongoing
concerns and to keep communications open and regular. Communications
with Army Corps staff vary widely from very straight forward and
cordial to nearly non-existent. The Army Corps, as a large bureaucracy,
can be extremely challenging to navigate with respect to appropriate
contacts on various issues. Examples of challenges for the Red Lake
Band include the 404 permit process and dam operations planning. Clean
Water Act (CWA) Section 404 permitting is a necessary and important
part of many projects as it ensures the protection of valuable natural
resources and prevent projects from violating the complicated
requirements of the CWA. However, the time between application and
approval can be extremely detrimental to tribal goals and objectives.
In some cases, permits are taking in excess of 18 months. When projects
are funded through grants with deadlines for expenditures this is
unacceptable and can result in project cancellation. There is no clear
line of communication to deal with these issues. A tribal liaison would
provide this direct line of communication ensuring that both the proper
tribal staff and Army Corps staff are in close contact resulting in
accountability and timely responses from both parties. A liaison would
also benefit both entities when cooperative projects occur, such as the
restoration the Band is currently working on with the Army Corps or a
new dam operations plan which will need to be discussed in the near
future. The cost of a liaison would be minimal, requiring primarily
monthly telephone check-ins and in person meetings only in the case of
actual projects. This would be more than made up for by the potential
improvement in Army Corps-Indian Country relationship.
Conclusion
Throughout the years, the relationship between the Band and the
Army Corps may be described as one of misunderstanding and conflict. It
has not helped matters that the Army Corps has a policy of rotating out
its District Engineer Colonel every few years. Since the beginning of
the Red Lake project in 1950, Red Lake Band leadership has changed five
times and the Army Corps St. Paul District leadership has changed
nearly two dozen times. The result of this frequent turnover is
frustrating and results in the Band repeatedly meeting with and
restarting our education process on the damage the Army Corp did to our
land, effectively thwarting the government to government consultation
process. So here we are today, with the current Army Corps feasibility
study to examine yet again, ways that the Zah-Gheeng Marsh might be
restored, and fish passage improvements be made.
We are excited about the current national leadership of the Army
Corps. Assistant Secretary Michael Connor, and Deputy Assistant
Secretary Jaime Pinkham, both tribal citizens, have extensive
experience in working with Indian Country. We anticipate they will make
improvements to help ensure the Army Corps honors its trust
responsibility to tribes and works to improve the government to
government relationship. We also acknowledge and appreciate the efforts
of your Subcommittee to do the same, as partially evidenced by your
invitation for me to testify today.
Miigwetch (thank you) for allowing me the opportunity to inform the
Subcommittee about Indian Country's engagement with the Army Corps of
Engineers and to identify opportunities to support improved
collaboration between the Army Corps of Engineers and Indian Country.
We look forward to working with your Subcommittee to guide the Army
Corps into a new direction.
Mrs. Napolitano. Thank you, Chairman Seki. Your comments
are well taken. And I would now like to recognize
Representative Lowenthal to introduce our next witness. Mr.
Lowenthal, you are recognized.
Mr. Lowenthal. Thank you, Chairwoman Napolitano. I am
honored to introduce Mr. Mario Cordero. Mario is the executive
director of the Port of Long Beach which is located in my
district and has held this position since 2017. I have been
privileged to call Mario a friend and a partner for almost--or
maybe even more than 40 years, we have been working together.
Mario, during his illustrious career, has served as the
distinguished Chair of the Federal Maritime Commission under
President Obama, and he now serves as chair of the American
Association of Port Authorities. He has worked tirelessly to
make the Port of Long Beach a clean, efficient, and dynamic
fixture in our community.
Recently the Nation has seen the supply chain
vulnerabilities, and the stacking of ships we watched every
night on TV outside of the Ports of Long Beach and Los Angeles.
I am proud to say that under Mario's leadership, the Port of
Long Beach introduced policies that not only reduced this
congestion, but also put into effect long-term policies that
will in the future increase the efficiencies of the port, so
this will not happen again.
There are few people who are qualified to speak on port
issues, and I look forward to his full testimony. Welcome to
the committee, Mr. Cordero.
Mrs. Napolitano. Thank you, Mr. Lowenthal. Mr. Cordero, you
may proceed.
[Pause.]
Mrs. Napolitano. You are muted, sir. You are muted.
Mr. Cordero. Chairman DeFazio and Chairwoman Napolitano,
Ranking Member Graves and Ranking Member Rouzer, it is an honor
and privilege to testify before the distinguished subcommittee
today to discuss the Port of Long Beach deep draft navigation
project. My name is Mario Cordero. I am the executive director
of the Port of Long Beach.
Before I discuss this project, I would first like to
commend the subcommittee for holding this hearing. Passing the
Water Resources Development Act, or WRDA, as it is commonly
referred to, on a biennial basis has provided the country's
navigation community with a reliability and certainty that it
needs to advance critical navigation projects like the one at
the Port of Long Beach.
The Port of Long Beach stands in strong support of
developing the Water Resources Development Act of 2022 and
would like to acknowledge the tremendous bicameral and
bipartisan track record of this important infrastructure bill.
Thank you for your leadership and commitment to this
authorizing process.
I would like to take a moment to acknowledge Congressman
Lowenthal, a long-time member of this committee and ardent
champion of the Port of Long Beach. Congressman Lowenthal, I
cannot recall a time that this committee has held a WRDA
hearing, and you haven't mentioned the Port of Long Beach.
Thank you for keeping our WRDA needs front and center.
Chairwoman Napolitano, it was around this time in 2020 that
you led a congressional delegation to visit southern California
that culminated in a visit to the Port of Long Beach. You and
many of your colleagues present today had the opportunity to
see firsthand the sheer magnitude of the operations of the Port
of Long Beach.
The Port of Long Beach is one of the few U.S. ports that
can welcome today's largest vessels, serving 175 shipping lines
with connections to 217 seaports around the world. And together
with the Port of Los Angeles, we move more than 40 percent of
the Nation's waterborne goods. We are quite literally the
epicenter of where the box meets the docks.
I appreciate the opportunity today to highlight the
significance of the port's deep draft navigation project and
the value that the navigation mission of the U.S. Army Corps of
Engineers provides to the Nation.
I take a moment upfront and say that, but for the shared
goal and collaboration provided by the Corps Los Angeles
District Office and the South Pacific Division, we would not
have signed the Chief's Report ready for construction
authorization in WRDA 2022. This project has been years in the
making and is a central component of the port's master plan.
Given the pandemic-induced supply chain challenges that
this country faces, which the port is working in lock step with
the administration's White House Supply Chain Disruption Task
Force to address, not a day goes by where supply chain issues
are not a story in the nightly news. And while this deepening
project will improve the efficiency of waterborne cargo, it was
actually envisioned well before the COVID-19 pandemic exposed
the vulnerabilities of the national supply chain.
The Port of Long Beach has long focused on making every
aspect of operations more resilient. Deepening the port is a
key component of the big picture. As the world's shipping fleet
has produced larger ships, the existing channel depths and
widths do not meet the draft requirements of these fleet
vessels that call on the port.
The deepening project will improve conditions for current
and future container and liquid bulk vessel operations in
regard to safety, reliability, and waterborne transportation
efficiencies. This project will result in immediate and
quantifiable national and local benefits, including reducing
air emissions and improving vessel maneuvering. The Chief's
Report shows that this investment has a highly favorable
benefit to cost ratio of 3.5 to 1.
Improving navigational efficiencies reduces emissions of
air pollutants and greenhouse gases. Reductions in harmful air
emissions will benefit disadvantaged and diverse communities
surrounding the Port of Long Beach and reduce the climate
impacts of port operations.
When our project with the U.S. Army Corps of Engineers is
conducted, these ships will call at maximum capacity under most
all-weather and tide conditions without waiting offshore.
In my role as chairman of the board of directors of the
American Association of Port Authorities, I recognize the
importance of the Corps in maintaining and improving our
Nation's navigation assets.
The Port of Long Beach, much like ports in our great
country, rely on the expertise and experience of the Corps to
ensure that our ports remain open and our economy remains
strong.
I want to thank this committee for prioritizing the needs
of the Harbor Maintenance Trust Fund in WRDA 2020. Having a
schedule to distribute the estimated $9.3 billion in unspent
HMT tax collections will go a long way towards restoring the
``trust'' in the trust fund.
I look forward to working with the committee through your
oversight role to ensure that the intent of Congress is
reflected in the Corps' development of a master plan to
distribute the HMT funds.
In closing, we are thrilled to have reached the Chief's
Report milestone to be eligible for construction authorization.
The Port of Long Beach respectfully requests this committee's
support for including this project in WRDA 2022. Thank you for
this opportunity to testify today, and I, of course, look
forward to your questions.
[Mr. Cordero's prepared statement follows:]
Prepared Statement of Mario Cordero, Executive Director, Port of Long
Beach, California, and Chairman, Board of Directors, American
Association of Port Authorities
Chairman DeFazio, Chairwoman Napolitano, Ranking Member Graves and
Ranking Member Rouzer, it is an honor and a privilege to testify before
this distinguished subcommittee today to discuss the Port of Long
Beach's (Port) Deep Draft Navigation Project. My name is Mario Cordero
and I am the Executive Director of the Port of Long Beach. Before I
discuss this project I would first like to commend the subcommittee for
holding this hearing. Passing the Water Resources Development Act, or
WRDA as it is commonly referred to, on a biannual basis has provided
the country's navigation community with the reliability and certainty
that it needs to advance critical navigation projects like the one at
the Port of Long Beach. The Port of Long Beach stands in strong support
of the development of the Water Resources Development Act of 2022 and
we would like to acknowledge the tremendous bicameral and bipartisan
track record of this important infrastructure bill. Thank you for your
leadership and commitment to this authorizing process.
I would also like to take a moment to acknowledge Congressman
Lowenthal, a long-time member of this committee and ardent champion for
the Port of Long Beach. Congressman Lowenthal, I cannot recall a time
that this committee had held a WRDA hearing and you haven't mentioned
the Port of Long Beach. Thank you for keeping our WRDA needs front and
center.
Chair Napolitano, it was around this time in 2020 that you led a
congressional delegation visit to southern California that culminated
in a visit to the Port of Long Beach. You and many of your colleagues
present today had the opportunity to see first-hand the sheer magnitude
of the operations at the Port of Long Beach. As the second busiest
seaport in the country, the Port of Long Beach is the premier U.S.
gateway for trans-Pacific trade and a trailblazer in innovative goods
movement, safety, environmental stewardship and sustainability. The
Port of Long Beach handles trade valued at more than $200 billion
annually and supports 2.6 million jobs across the nation. The Port of
Long Beach is one of the few U.S. ports that can welcome today's
largest vessels, serving 175 shipping lines with connections to 217
seaports around the world. And, together with the Port of Los Angeles,
the San Pedro Bay Ports Complex moves more than 40% of our Nation's
waterborne goods. We are quite literally the epicenter of where the box
meets the docks. Please consider this an open opportunity to visit the
Port when public health conditions permit. In the meantime I appreciate
the opportunity today to highlight the significance of the Port's deep
draft navigation project and the value that the navigation mission of
the US Army Corps of Engineers' (Corps) provides to the nation. I'll
get more into our partnership with the Corps later on in my testimony,
but I just want to take a moment up front to say that but for the
shared goal and collaboration provided by the Corps Los Angeles
District Office and the South Pacific Division, we would not have a
signed Chief's Report ready for construction authorization in WRDA
2022.
This project has been years in the making and it is a central
component of the Port's masterplan. Given the pandemic induced supply
chain challenges that this country faces, which the Port is working in
lock step with the Administration's White House Supply Chain Disruption
Task Force to address, not a day goes by where supply chain issues are
not a story on the nightly news. And while this deepening project will
help to improve the efficiency of waterborne cargo, it was actually
envisioned well before the COVID-19 pandemic exposed the
vulnerabilities of the national supply chain. The Port of Long Beach
has long been focused on making every aspect of our operations more
resilient. From increasing our rail capacity to reducing dwell times
for shippers and improving air quality, we have always been focused on
the bigger picture. And deepening the Port is a key component of that
bigger picture.
As the world's shipping fleet has produced larger ships, the
existing channel depths and widths do not all meet the draft
requirements of the fleet of vessels that call on the Port. Tide
restrictions, light loading, lightering, and other operational
inefficiencies result in increased transportation costs. The deepening
project will improve conditions for current and future container and
liquid bulk vessel operations in regards to safety, reliability, and
waterborne transportation efficiencies. Features of the project
include:
Deepening the Approach Channel from -76 feet to -80 feet
Bend easing within portions of the Main Channel to -76
feet
Constructing an approach channel and turning basin to
Pier J South to a depth of -55 feet
Deepening portions of the West Basin from -50 feet to a
depth of -55 feet
Deepening Pier J South and perform berth dredging within
the Pier J South Slip to -55 feet
Performing structural improvements to Pier J breakwaters
to allow deepening to -55 feet
Constructing a new electric dredge substation
In turn, the deepening project will result in immediate and
quantifiable national and local benefits including reducing air
emissions and improving vessel maneuvering. The Chief's Report shows
that this investment has a highly favorable benefit to cost ratio of
3.5 to 1.
Benefits that will be realized by the project include reduced
lightering of liquid bulk vessels, and reduced light-loading of
container vessels; reduced transportation costs; and the potential for
beneficial reuse of dredge material.
Improving navigational efficiencies reduces emissions of air
pollutants and greenhouse gasses. Reductions in harmful air emissions
will benefit disadvantaged and diverse communities surrounding the Port
of Long Beach and reduce the climate impacts of Port operations.
Furthermore, the project will dredge out surface sediments exposing
the cleanest native sediments at depth, providing an enhanced habitat
for marine organisms.
The largest liquid bulk ships that call at the Port, call at Berth
T121 at Pier T Echo. They are VLCCs (very large crude carriers). The
large vessel calling at Berth T121 was I believe the Taqah (1/31/2018).
Berth T121 is the only VLCC berth on the west coast of the U.S. VLCCs
are approximately 300,000-325,000 metric tons dead weight and have a
capacity of over 2 million barrels of product. Fully loaded, these
vessels draft 70 feet. Because of their size and the manner in which
they behave during maneuvering, if they are fully loaded and drafting
70 feet, the approach to Queens Gate needs to be at -80, Mean Lower Low
Water (elevation of sea floor) to ensure the ships do not touch bottom
during nearly all weather and tide conditions. Once inside Queens Gate
and moving through our -76, MLLW Main Channel, these ships require the
``bend easing'' (smoothing out the sharp corners) of our Main Channel
to transit from Queens Gate to Berth T121 under nearly all weather and
tide conditions. The reason these ships don't need -80, MLLW inside
Queens Gate is that the wind and wave conditions are mitigated by our
federal breakwater.
Today, VLCCs calling Berth T121 are limited to a maximum draft of
69 feet under optimal conditions and use of a sophisticated system
called PROTIDE that analyzes wave, weather, and vessel data to predict
whether the vessel has sufficient under-keel clearance to reach the
berth safely. Much of the time, these vessels are limited to drafts
less than 69 feet due to less than optimal weather and tide conditions.
The Taqah called the Port drafting the maximum allowable 69 feet. Each
additional foot of draft can mean an additional 35,000-40,000 barrels
of product.
When our project with the USACE is conducted, these ships will call
at maximum capacity under most all weather and tide conditions without
waiting offshore.
Like any major infrastructure investment, the path to getting to a
signed Chief's Report was neither straight nor narrow. But in the end,
the process produced a project that, when built, will serve generations
to come. There is an area of the deepening project feasibility process
that I would like to call out as an example of collaboration and
innovation. It could have been showstoppers for the process. However,
through our long standing relationship with the Corps we were able to
work through the issue as it presented itself and find common ground
through constant communication and a trusted partnership.
The issue we faced during the feasibility study was a misalignment
between the timeline presented under the Corps SMART Planning process
and the Port's own masterplan process. About two-years into the
feasibility study process it became apparent that the Corps study was
accelerating at a faster pace than the Port's master plan. We fully
acknowledge that asking the Corps to go slower is an unusual request
for this committee to hear, but that is exactly what needed to happen.
Through a concerted effort, we secured the support of our congressional
delegation to ask the Corps to deviate from the three-year parameters
of SMART Planning. We remain grateful for the coordination of the
Corps' chain of command starting at the district level all of the way
up to the Office of the Assistant Secretary of the Army for Civil Works
for taking into account the unique situation in Long Beach and
adjusting the federal feasibility study timeline accordingly.
Overall, I am also very pleased to see changes that the Corps is
making to ensure that combating climate change and advancing equity are
incorporated into the feasibility study process. A more comprehensive
look at project benefits is long overdue and I applaud efforts
undertaken by this committee in previous WRDA bills to give the Corps
the tools and resources to modernize their policies and procedures.
In my role as Chairman of the Board of Directors of the American
Association of Port Authorities, I recognize the importance of the
Corps in maintaining and improving the country's navigation assets. The
Port of Long Beach, much like the ports around this great nation, rely
on the expertise and experience of the Corps to ensure that our ports
remain open and our economy remains strong.
I thank the Committee for prioritizing the needs of the Harbor
Maintenance Trust Fund in WRDA 2020. Having a schedule to distribute
the estimated $9.3 billion in unspent HMT tax collections will go a
long way towards restoring the `trust' in Trust Funds. I look forward
to working with the Committee, through your oversight role, to ensure
that the intent of Congress is reflected in the Corps' development of a
master plan to distribute HMT funds to federally authorized navigation
projects.
In closing, we are thrilled to have reached the Chief's Report
milestone to be eligible for a construction authorization. The Port of
Long Beach respectfully requests the Committee's support for including
this project in WRDA 2022. Thank you for the opportunity to testify
today. I look forward to your questions.
Mrs. Napolitano. Thank you, Mr. Cordero, very much for your
comments. I would like to recognize now Chairman DeFazio to
introduce our next witness. Mr. Chairman, you are recognized.
Mr. DeFazio. Thank you, Madam Chair. It is my pleasure to
introduce the next witness. Jim Middaugh has an extraordinary
resume of work both at the city level, State level, and
regional level on environmental issues and other major issues
of concern.
In this case, he is bringing together a comprehensive
approach for the metropolitan region of Portland with the
Multnomah County Drainage District and Urban Flood Safety and
Water Quality District. It is an extraordinarily important
organization. The threats are extraordinary, Portland Airport
among the many, in terms of the levees. And we will hear more
in his testimony. He also is very distinguished in having
worked as my first press secretary many years ago. Thank you,
Madam Chair.
Mrs. Napolitano. Thank you, Mr. DeFazio, for the very fine
comments. Mr. Middaugh, you may proceed.
Mr. Middaugh. Thank you, Chair DeFazio, best job I ever
had, I have to say. Except for maybe this one. This one is
really good, too. But, Chairman DeFazio, Chairwoman Napolitano,
Ranking Members Graves and Rouzer, members of the committee,
thank you so much for the opportunity to testify today and for
your efforts to keep our infrastructure in good shape.
As the chair said, my name is Jim Middaugh, and I am the
executive director of four special districts that serve as the
non-Federal sponsor of the 27-mile federally authorized
Portland Metro Levee System.
Well, there are four districts responsible for Portland
area levees. We do operate as a single system with a unified
staff. We are currently, as the chair had mentioned,
consolidating into a single new district to ensure we
efficiently and effectively meet our local obligations.
But before I get to our project, I really want to take a
moment to highlight the Corps' important role in our region.
From flood protection, to energy generation, to recreation, to
dredging, to navigation, the Corps connects the Pacific
Northwest to the world's markets and is an important part of
our community. And Oregon and the Northwest would certainly be
less safe and less vibrant without the Corps.
Which brings me to our project. Our system in Portland was
built in the 1930s to protect the region from the Columbia
River, which is, if you don't know, the fourth largest in the
Nation by volume. The Columbia drains parts of Canada, Montana,
Idaho, Washington, and Oregon. It is an area roughly the size
of Texas. And the Portland regions sits near the bottom of that
basin.
Simply put, the Portland region is the largest urban area
in the Columbia River watershed. And our levees were built over
eight decades ago to protect what was then farmland that has
long since transformed into a dense urban landscape of
businesses, homes, and critical infrastructure.
We are part of the Corps rehabilitation and inspection
program, and we work really hard to fulfill our local
maintenance obligations. But like Lieutenant General Spellmon,
who testified before you recently, said, due to changing
conditions and increased risks, to keep people safe, the Corps
needs partners. And so do we.
Fortunately, following a series of major hurricanes,
Congress wisely passed a storm-related supplemental
appropriations bill during 2018. And the Portland Metro Levee
System was among 39 projects that received Federal funds
designed to help prevent future disasters.
Because we have done a lot of work locally before the Corps
study was authorized, the recommended plan was completed ahead
of schedule and under budget. The plan provides a roadmap for
critically needed investments to protect underserved
communities and improve the resilience of our system in the
face of increased river flows and extreme rain events that are
happening across the globe.
In short, with your partnership and support, our project
will fulfill congressional direction to help prevent major
disasters. The project is important because there is an at-risk
community of 42,000 people behind our levees, and the
protective flood plain sustains more than 59,000 jobs and $16
billion in annual economic activity.
Many of these jobs are in manufacturing and other
industries that provide on-the-job training, living wages,
benefits, and a chance for advancement for people without
college degrees.
The levees also protect two airports, including the award-
winning Portland International, three interstate highways,
multiple transit and rail lines, regional electricity
transmission facilities, backup drinking water wells for a
significant part of Oregon's population, a new U.S. Postal
Service processing center, and a U.S. Air National Guard base.
There are also more than 2,000 acres of parks and natural areas
that provide habitat for multiple species and close-in access
to nature for underserved people.
But just as important, the Corps did a great job planning
actions that avoid critical habitat, which is why Federal
natural resource agencies found the project would have no
significant environmental impacts.
One of the most complex and important actions in the plan
is replacing an old railroad embankment that is currently used
as a key part of our system. It is the same embankment that
breached in May 1948 and led to the destruction of the city of
Vanport and displacement of more than 18,000 people.
Our own work in the Corps study document the ongoing risk
of increasingly frequent rain-on-snow events in the Northwest,
and unprecedented rainfall events, and the severe impacts they
will create without more investment in our system.
Fortunately, our recommended plan will improve life safety
behind the levees by 70 percent and significantly reduce the
chance of flooding for decades.
And while I have a chance to talk with you today, I also
want to express our support for ongoing improvements in how the
Corps projects are evaluated. We stand with our colleagues at
the National Association of Flood and Stormwater Management
Agencies in believing the BCR process should reflect the
significant benefits of avoiding development and maintaining
habitat and recreation in areas that are of significant risk of
flooding.
Congress and the Corps made significant investments in
Greater Portland's flood safety infrastructure 80 years ago.
Those investments helped our region become the great place it
is today. Now, the livelihoods of people throughout the
Northwest rely on the levee system's continued protection. As
local sponsors, we are ready to pay our share and do our part
to move this project forward.
Therefore, it is my honor on behalf of everyone in Oregon,
and, in fact, the entire Northwest, to ask you to authorize the
Portland Metro Levee System project in the 2022 Water Resources
Development Act. Thank you, again, for your time and
consideration. I am happy to answer any questions you may have.
[Mr. Middaugh's prepared statement follows:]
Prepared Statement of Jim Middaugh, Executive Director, Multnomah
County Drainage District, Portland, Oregon
Chairman DeFazio, Chairwoman Napolitano, Ranking Member Graves, and
Ranking Member Rouzer, thank you for the opportunity to testify about
the efforts to reduce flood risks for the greater Portland region.
My name is Jim Middaugh, I am the executive director of Multnomah
County Drainage District (MCDD) and its companion districts that serve
as the non-federal sponsors of the 27-mile federally authorized and
constructed Portland Metro Levee System located along the lower
Columbia River in the Portland, Oregon metropolitan area.
MCDD appreciates this Committee's commitment to the biannual Water
Resources Development Act and Chairman DeFazio's steadfast support of
the US Army Corps of Engineers (Corps) civil works mission, without
which our region would be faced with a significant challenge and
limited tangible solutions. MCDD received a signed Chief's Report for
the Portland Metro Levee System project last summer. Passage of the
WRDA 2022 bill is a critical step in securing greater water
infrastructure resiliency for this important international trade
corridor.
For those of you who have flown into the Portland International
Airport, you've seen, but may not have noticed the levee system I'm
talking about. These levees, originally constructed in the late 1930s,
are the first line of defense in holding back the Columbia River, the
fourth largest in the nation by average discharge volume.
Although the levees largely have performed well, as we experience
more frequent and severe storms, the levees are showing signs of their
age and their structural integrity is threatened along with the lives
and livelihoods of everyone who lives and works in this vibrant region.
We are proud partners with the Corps on a feasibility study which will
help to ensure greater Portland will address the challenges of our
changing climate.
The community located behind the Portland Metro Levee System is a
cornerstone of the regional, statewide, and national economy. It
creates more than $16 billion in annual economic activity and $7.2
billion in assessed property values. The levees also reduce the risk of
flooding for:
An at-risk population of approximately 42,000 people
during the day and 8,000 people at night.
59,000 jobs provided by nearly 2,500 businesses,
including more than half of our county's manufacturing and warehouse
jobs, which provide living wages and opportunities for advancement to
Americans without four-year degrees.
The Portland International Airport, which serves nearly
20 million passengers annually and moves millions of tons of goods each
year, and the Troutdale Airport, which houses one of the largest
combined helicopter and airline flight schools in the country.
Three interstate highways.
A light rail transit line that provides service to
thousands of riders.
A Class 1 freight rail line.
Critical regional electricity transmission facilities
owned by the Bonneville Power Administration, Pacific Power, and
Portland General Electric.
Back up drinking water supply for more than one million
people.
An US Air National Guard Base that is home to the 142nd
Fighter Wing, which provides critical 24/7 air defense for the greater
Pacific Northwest, and to the 304th Air Force Reserve Rescue Squadron,
a rapid response search and rescue unit.
A new $93 million US Postal Service processing center.
More than 2,000 acres of parks and natural spaces that
provide habitat to multiple endangered and protected species and
provide access to nature for underserved communities.
I am here today on behalf of the non-federal sponsors of the PMLS
and Levee Ready Columbia, a coalition of public, private, and nonprofit
organizations that have come together to modernize our flood safety
infrastructure and the way it is managed. Our goal is to ensure our
system meets federal safety standards and the needs of the region,
state, and nation for the next generation and beyond.
Levee Ready Columbia completed the first comprehensive geotechnical
assessment of the levees to determine their condition, finding several
significant vulnerabilities that would need to be improved to meet
FEMA's standards, as well as the safety needs of the region and the
increasing flood safety demands created by climate change.
Thanks to our ongoing partnership with the Corps Portland District,
Northwestern Division and Headquarters--and the steadfast support of
Oregon's Congressional Delegation--the PMLS was designated for a Corps'
Feasibility Study through the Balanced Budget Act of 2018. The study
leveraged our previous work and conducted an even more thorough
investigation of the infrastructure. And, it created a Recommended Plan
to increase the resilience and operability of the system.
The study was completed early and under budget and a Chief's Report
was signed in August 2021. I'll note that when we started this process,
Lt. General Scott Spellmon was serving as the Commander of the Corps
Northwestern Division. The commitment and support he provided for this
study in its early days were reflected by his recent signing of the
project's Chiefs Report in his current role as the Corps' Chief of
Engineers.
During Lieutenant General Spellmon's appearance before this
Committee just a few weeks ago, he remarked that the Corps doesn't do
anything alone. Just as the Corps needs its partners to tackle complex
infrastructure challenges, the Portland region needed the expertise and
guiding hand of the Corps during the feasibility process. We are
grateful to have received the support of the federal government.
The designation of a ``new start study'' and the completion of the
Corps' SMART planning process was an important opportunity for our
region, providing us with a much deeper knowledge of the limits and
vulnerabilities of our current levee system; the economic benefits the
system provides the region, state, and nation; the risks we face
annually, and the risks posed by evolving river conditions and climate
change.
The Recommended Plan includes approximately $130 million in
investments and has a benefit cost ratio of 3.7 to 1. This plan
addresses major vulnerabilities in the system including constructing a
real levee alongside an old railroad embankment that has served as the
western edge of the system for more than 80 years--even though it was
never intended or designed to be a levee. This is the same railroad
embankment that breached on May 31, 1948, leading to the inundation and
destruction of the city of Vanport, the death of at least 15 people,
and the displacement of nearly 20,000 people. Even though the
destruction of Vanport was part of the impetus for the international
Columbia River Treaty among Canada and the United States, which is
currently under renegotiation dozens of years later, the vulnerable
infrastructure that failed requires our attention and our investment.
While the benefit-to-cost ratio of our project is favorable, we
appreciate the direction Congress provided in previous WRDA bills to
improve how Corps projects are evaluated. A more comprehensive approach
that incorporates climate, equity and natural areas would certainly
yield an even more favorable BCR for this project. For example, the
western end of our project area is largely open space.
Following the devastation of the Vanport flood, the region made the
conscious decision to maintain the area for recreation and habit
instead of rebuilding neighborhoods in a vulnerable area. That decision
has served the region well. However, we were surprised to learn that
recreational areas carry little to no economic value when it comes to
the Corps' benefit to cost formula.
When it comes to reducing flood risks and wise use of floodplains,
we think the current BCR process could better reflect the significant
benefits of maintaining habitat and recreation in areas at significant
risk of flooding. We hope current efforts to develop a more
comprehensive approach to BCR calculations will be developed to help
worthy communities nationwide meet the appropriately high bar of the
federal system.
While we have been working to find ways to improve the
infrastructure at the local level, we've also been working to make
changes to ensure we are the best possible local sponsors of the
system. We are transforming four individual century-old drainage
districts to one more modern and sustainable agency ready to support
the ongoing operations, maintenance, and capital investments needed to
meet the flood safety needs of the region.
Thanks to the support of the Oregon legislature and the Levee Ready
Columbia coalition, we are making great strides to complete this
transition and we are ready to meet the local cost share requirements
to move into the design phase with the Corps right away. Should
Congress provide appropriations, we are also on track to advance the
construction phase of the project by federal fiscal year 2025.
Finally, I would like to associate MCDD with testimony submitted by
the National Association of Flood and Stormwater Management Agencies.
NAFSMA's WRDA 2022 priorities include creating a more responsive and
flexible federal system to address the nation's diverse flood risk
reduction challenges. While not every NAFSMA WRDA 2022 priority is
directly applicable to the Portland region, we stand in support of our
fellow NAFSMA members who are working to address the unique
characteristics of their watersheds and changing climates.
Congress and the Corps made significant investments in this
infrastructure 80 years ago. Those investments helped our region become
the economic powerhouse it is today. Now, the economic livelihoods of
people throughout Oregon and the Pacific Northwest, and the health and
safety of the river, are reliant on continued protection provided by
this infrastructure. On behalf of the local sponsors and the many
people and species that rely on it, please renew your investment by
authorizing the Portland Metro Levee System project in the 2022 Water
Resources Development Act.
Thank for the opportunity to share this information with you today.
Mrs. Napolitano. Thank you, Mr. Middaugh, for your
comments. And we now turn to Ms. Hill-Gabriel, you may proceed.
Ms. Hill-Gabriel. Chair Napolitano, Ranking Member Rouzer,
Chairman DeFazio, and members of the subcommittee, thank you so
much for the opportunity to join you here today. I am Julie
Hill-Gabriel, the vice president for water conservation and
serving as the interim vice president for coastal conservation
at the National Audubon Society.
Audubon's mission is to protect birds in the places they
need for today and tomorrow. But for birds, just like people,
water is life. And that is why water conservation is the key
focus of Audubon's work. And because advancing principles of
equity, diversity, inclusion, and belonging is a strategic
imperative for Audubon, we are focused on ensuring that the
conservation programs we support complement the needs of
underserved communities and support the need for additional
Tribal partnerships like those highlighted by my fellow
panelists today.
We also recognize that climate change presents the single
biggest challenge and threat to birds. Accelerating efforts to
increase climate resilience must take center stage in the next
Water Resources Development Act through things like increasing
the use of natural infrastructure and nature-based solutions,
while prioritizing investments in the Army Corps aquatic
ecosystem restoration mission.
This committee's leadership around the Infrastructure
Investment and Jobs Act will help advance critical climate
resilience through an unparalleled investment for ecosystem
restoration like those in the Great Lakes and the Everglades.
Now, the Everglades have garnered some of the most
longstanding nonpartisan support among all conservation issues,
especially in the State of Florida, where restoration efforts
are essential for addressing recurrent toxic algae blooms, sea
grass die-offs, and red tide that have plagued the State's
coast for far too long.
The IIJA, alongside increases in annual Federal
appropriations, can serve as a catalyst for constructing many
restoration projects that the subcommittee has authorized,
going as far back as 2007.
But while more Everglades projects come across the finish
line, we must concurrently focus on the work that lies ahead
like construction of the Everglades Agricultural Area
Reservoir, the single most important project to provide
benefits throughout that ecosystem.
But big bold projects like the EAA Reservoir require budget
flexibility. And budgeting tools like the use of incremental
funding or continuing contracts clause can efficiently advance
projects through annual appropriations rather than awarding
piecemeal year-by-year contracts based on the partial funding
that is available.
Another place where bold action is needed is along the
Nation's largest watershed in the Mississippi River.
Restoration of the river at its delta along coastal Louisiana
is top priority for Audubon where we have owned and managed
over 26,000 acres for almost a century.
Audubon supports efforts in WRDA to help address the
ecological crisis in this region, including the confirmation
that the lower Mississippi River comprehensive study was
intended to be fully funded by the Federal Government. And Army
Corps efforts can benefit from complementary initiatives like
the Mississippi River Restoration and Resilience Initiative Act
that is also before the Transportation and Infrastructure
Committee.
In addition to advancing critical ecosystem restoration
projects, provisions in past WRDAs present important
opportunities to incorporate the use of more resilient natural
infrastructure to reduce the impacts of storms, flooding, or
coastal erosion, and promote reliable water supply. These can
include nature-based options like restoring wetlands, oyster
reefs in coastal forests, and they can be used in place of or
alongside traditional infrastructure, like seawalls, jetties,
or levees.
But despite clear statutory language in recent WRDA bills
directing the Corps to advance the use of natural
infrastructure, many measures are not yet being implemented.
Some efforts, like an update to the principles, requirements,
and guidelines have been delayed. And nature-based solutions
are not being implemented uniformly across mission areas or
districts. So, one option to support these approaches is to
create a resilience directorate who can provide specific focus
on facilitating the use of natural infrastructure across all
areas in the Corps.
Finally, it was heartening to hear Assistant Secretary
Connor's comments in January about the potential for the Army
Corps to play a greater role in addressing the unprecedented
drought, wildfire, and water scarcity challenges in the West.
Whether it is through a whole-of-Government approach or better
understanding the part the Corps can play in advancing natural
infrastructure options that address water scarcity, the Corps
can and should be more engaged on those issues, like those
around the Salton Sea that was also referenced by Secretary
Crowfoot.
Audubon stands ready to work with the Army Corps, this
subcommittee, and other partners to find innovative and
efficient ways to advance water infrastructure and help protect
birds in the places they need. And at Audubon, we truly believe
that where birds thrive, people prosper. Thank you again so
much.
[Ms. Hill-Gabriel's prepared statement follows:]
Prepared Statement of Julie Hill-Gabriel, Vice President for Water
Conservation and Acting Vice President for Coastal Conservation,
National Audubon Society
Chair Napolitano, Ranking Member Rouzer, and Members of the
Subcommittee, thank you for the opportunity to represent the National
Audubon Society (Audubon), to discuss the Water Resources Development
Act (WRDA) of 2022. Audubon's mission is to protect birds and the
places they need, today and tomorrow. Audubon represents 1.8 million
members and has over 460 affiliated chapters, 23 state offices, and 41
nature centers across the country.
My name is Julie Hill-Gabriel, and I am Audubon's Vice President
for Water Conservation, based in Washington, DC. I coordinate Audubon's
water strategy across the U.S. Before beginning this role in 2018, I
worked in Florida for 11 years as Audubon Florida's Deputy Director for
policy, leading our Everglades restoration efforts and working closely
with the U.S. Army Corps of Engineers (Army Corps) which is the federal
sponsor for these restoration efforts. I am also currently serving as
the Acting Vice President for our Coastal Conservation Program, which
focuses on coastal stewardship, coastal resilience, marine
conservation, and Gulf of Mexico restoration.
Birds are telling us that urgent action is needed to increase
climate resilience. Extreme weather events, lack of abundant and clean
water, degraded coastal resources, and declining bird habitat are all
threatening birds and communities across the country. Audubon's
Survival by Degrees report shows that over 300 species of birds are at
risk of extinction due to climate change.\1\ But, climate change is not
just an ecological threat; last year, the country experienced 20
weather and climate disaster events with losses exceeding $1 billion
each. Tragically, these events resulted in the deaths of 688 Americans
and continue to economically and ecologically impact the affected
communities.\2\ We must act now--and quickly--to enact climate
solutions for birds and people.
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\1\ Wilsey, C, B Bateman, L Taylor, JX Wu, G LeBaron, R Shepherd, C
Koseff, S Friedman, R Stone. Survival by Degrees: 389 Bird Species on
the Brink. National Audubon Society: New York.
\2\ NOAA National Centers for Environmental Information (NCEI) U.S.
Billion-Dollar Weather and Climate Disasters (2022). www.ncdc.noaa.gov/
billions.
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WRDA 2022 provides an opportunity to drive ecosystem restoration
and climate resilience by ensuring that Army Corps policies and
projects provide the maximum conservation and community benefits. The
Army Corps can play a pivotal role in increasing and normalizing the
use of natural infrastructure and nature-based solutions to address the
challenges brought on by climate change. The Army Corps' ecosystem
restoration efforts provide important lessons that demonstrate the
value of replicating natural ecosystem functions. There is also an
opportunity, and a need, to rethink flood mitigation and navigation
projects to increase the focus on climate resilience and natural
infrastructure in other Army Corps mission areas. While a number of new
authorities in WRDA 2018 and WRDA 2020 enabled and encouraged the
broader use of natural infrastructure in Army Corps projects, there is
a need to accelerate the pace of project execution and policy
interpretation that incorporate natural infrastructure.
Ecosystem restoration projects can also address historic
injustices. Chair DeFazio recently stated that ``[o]ur rural, Tribal,
and disadvantaged communities cannot be left behind as we work to build
and upgrade our water resources to meet the demands of the 21st
century''.\3\ Here at Audubon, we fully support infrastructure
investments and restoration projects that not only protect birds and
provide wildlife habitat, but prioritize those communities at the most
risk from climate change and who are facing economic disadvantages due
to historic injustice.
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\3\ Representative Peter DeFazio, Chair, House Transportation and
Environment Committee. Opening Remarks for Proposals for a Water
Resources Development Act of 2022: Administration Priorities. January
12, 2022.
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While my testimony today focuses on WRDA and related policies and
projects, I want to thank this Committee for its work supporting the
Infrastructure Investment and Jobs Act (IIJA). The IIJA, which provides
additional authorizations and appropriations for a range of
conservation and community programs, included historic amounts of
funding for transportation networks, climate resilience and clean
energy programs, and numerous conservation and clean water programs
across the country. As agencies begin to release their spending plans,
the conservation community recognizes the ongoing need to ensure these
dollars are implemented swiftly and in line with Congressional intent.
I note several areas below where additional IIJA dollars, supplementing
regular appropriations, are poised to significantly accelerate the pace
and breadth of conservation projects, benefitting local communities
throughout the country.
The IIJA provides historic levels of funding for a number of
critical programs, but these programs remain dependent on receiving
necessary baseline amounts of annual appropriations dollars. FY23
budget requests should maintain funding levels compared to FY22 and, in
many cases, include increases in the regular, annual appropriations
requests to make up for previous years of funding deficits.
Finally, I urge flexibility in budgeting tools that can enable the
Army Corps to efficiently complete projects where relevant. By
incrementally funding contracts with annual appropriations, rather than
awarding year-by-year contracts based on partial funding amounts, the
Army Corps can advance projects with the greatest impact, rather than
breaking down projects in smaller pieces. For example, the use of a
continuing contracts clause helped save between $50-100 million and 2-3
years of project work on the C-44 reservoir in Florida. Without the
ability to utilize incremental funding, the Army Corps has to execute
smaller annual contracts, which create additional costs and delays due
to administrative, contractual, oversight, design, and mobilization/
demobilizations costs. These smaller annual contracts expose the Army
Corps to additional liability.
Aquatic Ecosystem Restoration Mission of the U.S. Army Corps of
Engineers
The Army Corps aquatic ecosystem restoration activities seek to
restore significant ecosystem function, structure, and dynamic
processes. The Army Corps' ecosystem restoration efforts are positioned
to provide significant climate resilience benefits for communities and
wildlife and should be prioritized alongside flood control, navigation,
and other Army Corps missions. Audubon supports ongoing ecosystem
restoration activities across the U.S., including at the Everglades,
along Coastal Louisiana, throughout the Mississippi River corridor, at
the Great Lakes, in other vulnerable coastal areas, and throughout
other iconic ecosystems that are globally significant for birds and
people.
Restoring America's Everglades
The Everglades is a unique ecological treasure that provides
drinking water for one in three Floridians. Clean and sufficient
freshwater forms a critical component of Florida's tourism economy and
is necessary to support birds like Roseate Spoonbill, Snail Kite, and
Snowy Egret. As projected population growth and impacts from climate
change put more pressure on South Florida's environment, Everglades
restoration is increasingly urgent.
WRDA 2000 authorized the Comprehensive Everglades Restoration Plan
(CERP), which represents the Corps' largest aquatic ecosystem
restoration initiative. After over 20 years of progress and bi-partisan
support, we are seeing returns on the initial investments in CERP as
projects are completed and come online. Just this past November, we
celebrated the ribbon cutting of the C-44 Reservoir and Stormwater
Treatment Area, which provides, in total, 60,500 acre-feet of new water
storage and 3,600 acres of new wetlands. This project is a component of
the Indian River Lagoon system, which is the most biologically diverse
estuarine system in the continental United States and is home to more
than 3,000 species of plants and animals.
The new investment of $1.1 billion identified in the Army Corps'
IIJA spend plan for Everglades restoration will be a catalyst for
accelerating a number of restoration projects, benefitting this
economic driver for the State of Florida. While more projects cross the
finish line and provide important lessons for ecosystem restoration
efforts around the world, we must concurrently focus on the additional
work that lies ahead.
WRDA 2020 included positive additions to the ongoing work in South
Florida, including the authorization of the Loxahatchee River Watershed
Restoration Project and a recommitment to the Everglades Agricultural
Area Reservoir (EAA Reservoir) as part of the Central Everglades
Planning Project (CEPP). The CEPP provides a clear model for more
efficient Army Corps planning. A number of smaller, but inter-related
project components were pulled into one larger planning effort,
providing a more comprehensive view of the projects' impacts and
benefits. At the same time, more robust stakeholder engagement allowed
new ideas to be incorporated during the process and helped build a
sense of trust. Finally, the plan was developed in just 18 months.
The EAA Reservoir is the single most important project for
benefitting multiple parts of the Everglades. When high rainfall levels
cause wetlands, lakes, and other water storage areas to fill to
capacity, billions of gallons of freshwater are discharged from Lake
Okeechobee to the St. Lucie and Caloosahatchee estuaries. When too much
freshwater reaches the estuaries, excess nutrients and changes in the
balance of fresh and saltwater can cause massive algae blooms, which
harm submerged vegetation, fish, and water birds. Harmful bacteria from
the algae blooms can make the water in some places dangerous for human
contact, impacting the local economies and quality of life.
At the same time that the estuaries in the northern part of the
Everglades are often impacted by too much freshwater, massive seagrass
die-offs have occurred in the Southern Everglades and Florida Bay
because of insufficient freshwater. Without a source of freshwater from
the upstream Everglades, the Southern Everglades is unable to recover
from dry conditions that alter the delicate balance of fresh and
saltwater, which puts drinking water supplies at risk.
Storing water south of Lake Okeechobee in the EAA Reservoir will
provide an outlet for water being discharged to fragile coastal
estuaries east and west of the Lake Okeechobee while concurrently
holding water that can be cleaned and sent south to the Southern
Everglades and Florida Bay, while recharging the Biscayne aquifer.
In WRDA 2022, there is the potential to continue the momentum for
America's Everglades with the following items:
The Lake Okeechobee Watershed Project is aimed at storing
water north of Lake Okeechobee to attenuate water flows into the Lake.
This project includes an important element of natural infrastructure,
where 3,600 acres of wetlands will be restored in an area called
Paradise Run and an additional 1,200 acres of an area called Kissimmee
Run. As this project moves forward, Audubon encourages a continued
focus on additional options for water storage throughout the full
extent of the Lake Okeechobee Watershed.
A number of Post-Authorization Change Reports will help
to continue progress, including for the C-44 Reservoir and Adaptive
Assessment and Management.
Audubon also urges that a mechanism for incremental
funding like the continuing contracts clause or similar approach be
utilized for the EAA Reservoir. The largest and most important contract
for that project is estimated to cost $2.1 billion, which is likely to
rely on federal funding over a number of years. In order to allow the
Army Corps to complete this kind of high-impact project, the
flexibility to accommodate this kind of funding mechanisms is critical.
It is the most efficient and safest approach to build the reservoir,
and will save significant taxpayer dollars in the long run compared
with other approaches.
Coastal Louisiana Restoration
Louisiana's coastal wetlands represent 40% of all wetlands in the
continental U.S. and provide an essential buffer to communities and
industries from storms. The Mississippi River Delta supports $9.3
billion in annual ecotourism activity, along with $1.8 billion in
recreational fishing spending. Moreover, this threatened landscape
accounts for 30% of all commercial fishing landings in the continental
U.S. and hosts five of the nation's 15 largest shipping ports by cargo
volume. Additionally, coastal restoration in southeast Louisiana has
provided 32,000 jobs with an average annual wage of $69,277 per year.
Healthy coastal areas provide habitat for birds like Brown Pelican,
Tricolored Heron, and Golden-crowned Kinglet.
Unfortunately, Louisiana is facing a longstanding, existential
land-loss crisis: the equivalent of a football field of the state's
coastal wetlands vanishes into open water, on average, every 100
minutes. Since the 1930s, Louisiana has lost over 2,000 square miles of
land, an area roughly the size of Delaware. Reversing land loss in
Louisiana is a coordinated and major priority at the federal, state,
and local level, in support of endangered coastal communities, economic
activity, vital natural systems, and wildlife populations.
Audubon joined with our Restore the Mississippi River Delta
Coalition colleagues earlier this year to highlight three important
WRDA 2022 items related to coastal Louisiana. We urge the Committee to
include these recommendations in the bill:
Clarify that the Lower Mississippi River Comprehensive
Study (Sec. 213 of WRDA 2020) be funded at full federal expense;
Clarify that Mississippi River Gulf Outlet (MRGO)
ecosystem restoration (Sec. 7013 of WRDA 2007) be funded at full
federal expense; and
Authorize the federal plan for the Southwest Coastal
Louisiana Project.
Mississippi River Restoration
The Mississippi River is one of the nation's most important natural
assets, providing drinking water to over 20 million Americans. The
river's watershed encompasses 40% of the contiguous United States and
spans 31 states.
The diverse habitats along the river support over 325 species of
birds, including rare and threatened species like King Rail,
Prothonotary Warbler, and Brown-headed Nuthatch. Critical wetlands and
flooded forests created by the river and its tributaries are not only
vital to birds, but to people, from the headwaters of Lake Itasca where
Manoomin (wild rice), the most important cultural and sacred food of
the Anishinaabe, is harvested, to iconic cultural centers like St.
Louis and New Orleans. The river is a national treasure and boasts
tremendous ecological as well as economic importance for the nation.
Unfortunately, the river is in dire need of restoration and
recovery for the birds, wildlife, people, and communities who depend on
it. From the headwaters to the delta, the Mississippi River suffers
from excess pollution, invasive species, wetlands loss and destruction,
ongoing disruption to its natural hydrology, and extreme storm events
exacerbated by climate change.
Water level management can produce highly effective habitat
restoration on the Upper Mississippi River at a fraction of the cost of
other types of restoration actions. The Corps has documented that
modest modifications to lock and dam operations, known as growing
season drawdowns, can produce significant and long-lasting benefits
without any adverse impact to navigation. Reducing water levels behind
a lock and dam by just one to two feet during the growing season can
expose thousands of acres of mudflats, creating optimal conditions for
aquatic plants, fish, and wildlife to flourish. The enhanced ecosystem
can then process nutrients, trap sediment, and stabilize the shoreline
all while maintaining the navigation channel. However, despite the
demonstrated benefits of water level management and broad-based support
for it, the Corps has resisted efforts to implement it more broadly in
the Upper Mississippi River-Illinois Waterway Navigation System. To
address this problem, Congress should provide the Corps with clear
authority and direction to implement a routine and systemic water level
management program while avoiding adverse impacts to navigation.
The Army Corps' Upper Mississippi River Restoration (UMRR) program
provides numerous opportunities to restore the waterway. The UMRR
program includes projects that improve fish and wildlife habitat,
providing protection, nesting, and feeding areas for a highly diverse
set of fish, birds, mussels, reptiles, amphibians, and mammals,
including a number of rare and endangered species. We urge the Army
Corps to include forested floodplains ecosystems for habitat
restoration under the UMRR program moving forward.
In addition to UMRR, Congress now has an opportunity to support
additional Mississippi River restoration through the Mississippi River
Restoration and Resilience Initiative (MRRRI) (H.R. 4204). This bill,
introduced by Rep. McCollum and falling under the jurisdiction of the
Transportation and Infrastructure Committee, would create a voluntary
program through the EPA to improve water quality and community
resilience by leveraging existing programs along the river. Similar to
the successful Great Lakes Restoration Initiative, MRRRI would protect
and restore habitat throughout the Mississippi River corridor and
prioritize efforts to address disproportionate impacts to communities
of color, rural communities, and economically disadvantaged
communities. I urge this committee to swiftly consider and pass the
MRRRI bill.
Addressing Asian Carp in the Great Lakes
The Great Lakes represent 20% of the surface freshwater resources
on Earth and are the source of drinking water for 30 million Americans.
Threatened and declining bird species, such as Black Tern, Wood Thrush,
and Black-crowned Night Heron depend on the Lakes and their coastal
habitats. One of the greatest ecological threats to the health of the
Great Lakes is the spread of invasive exotic Asian carp. This species
poses a serious threat to the ecological health of the Great Lakes, and
the people and economies these waters support. Right now, Asian carp
have already wreaked havoc on the Mississippi and Illinois Rivers,
outcompeting native fish for food and habitat, and creating a safety
threat for people who recreate on these waterways.
Asian carp are a real threat to the Great Lakes that demand quick
action. The Great Lakes Mississippi River Interbasin Study-Brandon Road
Report evaluated options to prevent the upstream transfer of Asian
carp. We are encouraged to see that the Army Corps work plan for the
IIJA includes $225 million for the Brandon Road project. We urge swift
implementation of this project to stop this invasive threat and urge
the Corps to increase the federal cost share to 100%.
Furthermore, we were pleased to see the authorization of a Great
Lakes coastal resiliency study in WRDA 2020 and we look forward to
seeing this study fully funded to identify ways to safeguard coastal
communities from erosion, flooding, and other impacts from changing
lake levels.
Western Water and the Salton Sea
As the historic drought conditions, exacerbated by climate change,
continue in the West, increasingly stark impacts are felt by
communities, birds, fish, and other natural resources. The combination
of drought and heatwaves can push birds to their physiological limits,
leading to lethal dehydration. In drought times, birds may also
congregate at the remaining dwindling water spots, causing conditions
ripe for the spread of disease.
As part of a Whole-of-Government approach, there are opportunities
for the Army Corps to become more engaged in addressing drought in the
West, especially in a changing climate. Audubon encourages the Army
Corps to look into opportunities to address aquifer recharge, strategic
water reuse, and other drought response activities, while coordinating
with other federal agencies.
One place where the impacts for birds and people are felt severely
is in California's largest body of water: the Salton Sea. The Sea
serves as a lifeline to millions of migratory birds along the Pacific
flyway and is a critical piece of any effort to conserve Colorado River
water. The communities surrounding the Sea were historically excluded
from economic opportunities and suffer from multiple environmental
injustices. As the Sea shrinks, the dust clouds are expanding,
threatening public health. Audubon and our members are invested in on-
the-ground efforts at the Sea, dedicating time and resources to
science, education, policy, and community engagement. We are regularly
the ``boots on the ground'' at the Sea through our conservation efforts
and, over the years, we have been involved with the State of
California's various pieces of legislation and plans related to the
Salton Sea, most recently the Salton Sea Management Program (SSMP).
Audubon supports efforts for the federal government, including the
Army Corps, to expand its investments at the Sea and support
California's efforts by expediting federal permit reviews and approvals
for ongoing and future projects. The Army Corps can provide leadership
and foster the prioritization of climate resilient strategies and
multi-benefit infrastructure projects in priority places across the
country, including at the Salton Sea, to provide water, habitat, and
community benefits. At the Salton Sea, we see the need to:
Provide stable and significant funding to allow for
planning and implementation of climate resilience strategies with
community involvement;
Enhance coordination across key federal agencies (e.g.,
the Corps, the Bureau of Reclamation, the Fish and Wildlife Service,
the U.S. Geological Survey, the Bureau of Land Management, and the U.S.
Department of Agriculture) to ensure durable and effective mitigation
and restoration project implementation; and
Enhance coordination among federal, state and local
agencies on planning and funding with public engagement.
Facilitating the Use of Natural Infrastructure
Natural infrastructure provides storm-buffering benefits that can
be as or more effective than grey infrastructure. In addition, there
are benefits provided by natural infrastructure that are often absent
in grey infrastructure, making natural infrastructure an even more
appealing approach to floodplain management. Natural infrastructure
can:
Provide habitat that supports the economically vital
recreational and commercial seafood industries;
Improve water quality;
Be responsive to changing conditions, including sea level
rise;
Provide important habitat for birds and other wildlife;
and
Avoid negative impacts associated with grey
infrastructure, like increased erosion.
Provisions in WRDA 2018 and 2020 present important opportunities to
incorporate the use of more resilient nature-based and natural
infrastructure options to address extreme weather events including
flood risk management projects and hurricane and storm risk reduction
projects.
Audubon's 2018 Natural Infrastructure Report demonstrated how
federal investment in natural infrastructure will help increase
preparedness of coastal communities and economies, while benefitting
fish and wildlife, which also often provide a critical foundation for
coastal economies.\4\
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\4\ Natural Infrastructure Report: How natural infrastructure can
shape a more resilient coast for birds and for people. January 2018.
https://nas-national-prod.s3.amazonaws.com/
audubon_infrastructure_jan192018.pdf.
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Natural infrastructure alternatives can include nature-based
systems such as restoring sand dunes, wetlands, oyster reefs and
coastal forests in place of traditional human-built projects such as
seawalls, jetties, levees, groins, bulkheads and riprap. This kind of
``grey'' infrastructure was traditionally promoted as the best long-
term approach to flood management. But, natural infrastructure has been
shown to provide significant, long-term and cost-competitive benefits
for challenges such as flood reduction. For example, research published
in the journal Ocean & Coastal Management reported that the average
construction costs between natural and grey infrastructure are similar,
but there are lower replacement costs with living shorelines, a form of
natural infrastructure.\5\
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\5\ Bilkovic, Donna M., Molly Mitchell, Pam Mason, and Karen
Duhring. 2016. The Role of Living Shorelines as Estuarine Habitat
Conservation Strategies. Coastal Management 44(3): 161-174. https://
www.tandfonline.com/doi/full/10.1080/08920753.2016.1160201.
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NOAA and the National Fish and Wildlife Foundation (NFWF) have also
identified several flood-reduction and resiliency benefits from a wide
array of natural infrastructure systems. Natural features such as
coastal marshes and wetlands, dune and beach systems, oyster and coral
reefs, mangroves, forests, coastal rivers, as well as barrier islands,
help minimize the impacts of storms, rising sea levels and other
extreme events on nearby communities and infrastructure.\6\
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\6\ National Oceanic and Atmospheric Administration, ``Statement
from NOAA Administrator Rick Spinrad on the signing of the Bipartisan
Infrastructure Investment and Jobs Act.'' Nov. 15, 2021. https://
www.noaa.gov/news-release/statement-from-noaa-administrator-rick-
spinrad-on-signing-of-bipartisan-infrastructure-investment
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WRDA 2020 included language changes to:
Ensure that the Corps considers nature-based approaches
for enhancing flood and storm resilience in feasibility studies and if
a nature-based alternative is not selected, include an explanation of
why natural infrastructure approaches are not recommended;
Ensure consistent cost-sharing for natural infrastructure
projects;
Allow for development of natural infrastructure projects
as part of the Corps continuing authorities program;
Update planning guidance and require consideration of the
best available science on effects of sea-level rise and inland flooding
in the development of Corps projects and in the accounting of the long-
term costs and benefits of a project;
Waive cost share and provide important support to produce
feasibility studies to assess measures to reduce flood risks in
economically disadvantaged and rural communities;
Require an update to the Principles, Requirements and
Guidelines (PR&G) to ensure that the Corps is fully accounting for the
regional economic development, environmental quality, and other social
benefits that can be delivered by a project; and
Provide much-needed direction to the Corps requiring
consultation with communities of color, economically disadvantaged
communities, and Tribal communities and requiring updates to Corps
policies, guidance, and regulations to ensure that the Corps is
considering the environmental justice and disproportionate impacts to
communities from Corps projects and identifying appropriate
alternatives to reduce or avoid impacts.
The Committee should ensure the Corps is implementing these policy
changes as swiftly as possible to expedite the use of natural
infrastructure.
Beneficial Use of Dredged Material
WRDA 2020 authorized 35 beneficial use of dredged materials (BUDM)
pilot projects. Audubon has worked with the Army Corps and state
partners to use dredged material to restore habitat that is important
to birds and outdoor recreation economies. This work has created
islands that provide excellent nesting habitat for birds such as Black
Skimmer, Snowy Plover, and Least Tern, and is leading innovations in
thin-layer dispersal of dredged sediment to protect tidal marsh habitat
in the face of sea-level rise.
Audubon looks forward to building upon our collaborative efforts in
Connecticut, North Carolina, Maine, Maryland, Florida, Texas, and South
Carolina. Audubon continues working to implement the Crab Bank project
that was selected as a BUDM pilot project in 2019.
In addition, Audubon supports on-going efforts within the Corps to
develop best management practices that benefit shoreline-dependent
species that can be incorporated into beneficial use of dredged
material projects. More information can be found in a recent U.S. Army
Engineer Research and Development Center Technical Note.\7\
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\7\ Michael P. Guilfoyle, Jacob F. Jung, Richard A. Fischer and
Dena D. Dickerson. Developing Best Management Practices for Coastal
Engineering Projects that Benefit Atlantic Coast Shoreline-dependent
Species. Technical Note developed by the U.S. Army Engineer Research
and Development Center--Environmental Laboratory, April 2019.
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Conservation Community Letter
Finally, on January 24, Audubon joined with our conservation
partners in sending a letter to this Committee, outlining additional
recommendations to build additional progress to advance natural
infrastructure in WRDA 2022 (attached). We thank the Committee for
considering these suggestions, which include:
Increasing Army Corps coordination on climate resilience
and the use of natural infrastructure through a Resilience Directorate
who can have a focus on growing this work across Army Corps mission
areas;
Properly Accounting for Project Costs and Benefits;
Ensuring Compliance with Long-Standing Mitigation
Requirements;
Prioritizing Levee Setbacks to Advance Floodplain
Resilience;
Improving the Corps' Ability to Redress Environmental
Injustice;
Better Utilizing Federal and State Fish and Wildlife
Expertise;
Supporting Funding for Restoration and Resilience
Projects with a Reduced or No Match Requirement;
Supporting the Silver Jackets Program;
Supporting Broad Expansion of Corps Technical Assistance
Programs; and
Enhancing Western Water-Related Infrastructure Resiliency
through Natural Infrastructure.
Audubon Opposes the One Lake Preconstruction Engineering Design
Demonstration Program
Audubon has expressed opposition to any projects or activities on
the Pearl River that involve destroying wetlands and wildlife habitat
that will imperil birds, fish and wildlife, alter local and downstream
river hydrology, impair water quality, or threaten public and
environmental health. In WRDA 2018, Section 1176 sought to establish a
demonstration program to advance a 2018 Integrated Draft Feasibility
and Environmental Impact Statement for the Pearl River Basin,
Mississippi, Federal Flood Risk Management Project, Hinds and Rankin
Counties, Mississippi. The preferred alternative is known locally as
the ``One Lake'' project.
Audubon remains opposed to the One Lake/Pearl River project and
urges the Army Corps to cancel this detrimental project.
Thank you again for the opportunity to testify on these important
issues. Audubon is ready to work with the Subcommittee and others to
advance important water and coastal conservation issues looking ahead
to the next WRDA in ways that will help protect birds and the places
they need. We know that where birds thrive, people prosper.
attachment
[Editor's note: Ms. Hill-Gabriel submitted a letter as an
attachment to her prepared statement which is retained in committee
files and available online at https://docs.house.gov/meetings/PW/PW02/
20220208/114380/HHRG-117-PW02-Wstate-Hill-GabrielJ-20220208-SD001.pdf ]
Mrs. Napolitano. Thank you, Ms. Hill.
Now we will move to our Members' questions.
Thank you to all our witnesses very much.
And we will start Member questions. Each Member will be
recognized for 5 minutes. The votes are scheduled to start in
about 1\1/2\ hours. We need to move the committee to be
finished by then, we hope.
Mr. DeFazio, you will begin. You are recognized.
Mr. DeFazio. Thank you, Madam Chair. And thanks again to
all the witnesses.
To Mr. Middaugh, you talked about the way the Corps is
doing BCRs now and the fact that they are in the process of
modernizing and updating that process with the principles,
requirements, and guidelines. How would that benefit projects
like the one you are working on?
Mr. Middaugh. Thank you, Chair DeFazio. Well, just briefly,
after the Vanport flood, the Portland region decided to set
aside the area that had flooded for recreation and habitat
purposes. And we were surprised in the process of working with
the Corps that that provided almost no value in the BCR. And
for us, that creates a really great opportunity to prevent
future harm and to store floodwater. So, we would love to see
projects like ours that recognize the value of protecting areas
that frequently flood instead of only valuing those areas that
are built out and at risk of flooding. So, we think it would
make for safer projects across the Nation and help projects
like ours advance in the process.
Mr. DeFazio. That is an excellent point, and it is also an
excellent point in terms of Federal flood insurance and
having--you know, we are struggling with looking at chronically
flooded areas and how we are going to deal with them and
looking at ways to incentivize people to be bought out. In this
case, that whole area was reserved, and that certainly is
tremendously beneficial in terms of flood protection, storage,
and also avoiding costs to the Federal Government.
To Director Cordero, you have about seven specific things
for your port that are going to increase efficiency as we all--
anyone who has ever landed at L.A. has seen the line of ships
out to sea. I have seen it a number of times. What is your
timeline on those projects? And, how much will that mitigate
the chokage we have?
Mr. Cordero. Well, thanks for your question, Mr. Chairman.
As you reference, our priority here at the Port of Long Beach
is to increase transportation efficiencies. And, of course, in
the era of COVID and the supply chain disruption that we are
witnessing in every major container gateway, there are,
needless to say, challenges.
Now, with regard to the specificity here, currently, we
have a number of vessels off the coast waiting to get into the
port complex, which consists of Los Angeles and Long Beach. So,
I think our timeline right now is we are working very hard with
our stakeholders, under the leadership of the White House Port
Envoy John Porcari. We meet two to three times a week to
address the various issues that we need to address to mitigate
capacity constraint at the terminals.
So, the good news is we are making a lot of progress with
regard to long-dwelled imported containers at the complex. And
as to the vessels in terms of what we believe the timeline will
be that we will get to some sense of normalcy, I think there
are opinions that anywhere from 6 months to the end of the
year. But on the other hand, again, I think it is fair to say
that all this, we have to keep in mind, is COVID-based. It is a
global supply chain issue.
But the good news for the Nation's largest container port
complex is we have made some headway with regard to how we are
addressing the complaints and making sure that, again, the
cargo moves. And on this note, I want to also emphasize our
thanks to the men and women who work on the docks. There has
not been a day that this port has closed. And so, these
essential workers really have worked around the clock, so to
speak, to make sure the Nation's commerce moves through this
very important gateway.
Mr. DeFazio. Now, we appreciate the efforts of all those at
the port, going to 24/7 to help try and mitigate. And, of
course, you are not the only chokepoint on the supply chain. We
have tremendous inefficiencies at the distribution centers to
which a lot of these goods are trucked. And that has only
gotten worse over time ever since we abolished their obligation
to pay for detention time. Because to them it is like, well, I
don't care if you sit there for 6 hours. We don't want to put
on another shift at night.
So, we have to take a comprehensive approach. But I am
pleased you are making progress, and that is good news.
So, thank you, Madam Chair. I appreciate the opportunity.
Mrs. Napolitano. Thank you, Mr. Chairman.
Mr. Rouzer, you are recognized.
Mr. Rouzer. Thank you, Madam Chair.
Mr. Bechtel, several questions, actually, I have for you.
As we all know, communities across the country are facing
serious supply chain challenges. And, of course, this
underscores the importance of transportation and port
infrastructure to the economy. What is the economic impact of
the Houston Port region? And what threats does the region face
from coastal storms? Then followup to that, how would the
coastal Texas resiliency improvement plan help mitigate those
risks?
Mr. Bechtel. OK. I can speak--the imports through the Port
of Houston directly impact on machinery, appliances,
electronics: 11 States. Hardware construction materials: 12
States. Automotive: 4 States. Chemicals, minerals, resins,
plastics: 14 States. Retail consumer goods: 5 States. Steel and
metals: 6. Food and drink: 9. Furniture: primarily 2 States,
Florida and North Carolina.
We also--the district is home to Port Beaumont, which is
the number one military port in the United States. Obviously, a
big part of the country is impacted by products that go through
the Port of Houston. We need to protect the Port of Houston and
the Houston Ship Channel area. There is no question about that.
Did that answer your question?
Mr. Rouzer. So, talk a little bit about how the coastal
Texas resiliency improvement plan helps to mitigate some of
those risks.
Mr. Bechtel. Well, what we want to do is we want to build
across the Houston Ship Channel at the Bolivar Roads, which is
between the city of Galveston, Galveston Island and Bolivar
Peninsula, ship gates across the Houston Ship Channel. The key
component here is to prevent the presurge from coming into
Galveston Bay. If we can do that, and we feel the gate system
alone could supply about 65 percent of the protection that we
need, that will go a long way to preventing the impact up the
Houston Ship Channel, which is home to 140-plus plants,
petrochemical plants and refineries along the Houston Ship
Channel.
In addition to that, the dunes and the beach improvements
along the coast itself would do a lot to protect the
residential areas along the upper Texas coast.
Mr. Rouzer. So, the benefit would be pretty wide ranging,
basically, is what you are saying?
Mr. Bechtel. Yes, sir. Yes, sir.
Mr. Rouzer. Talk a little bit about some of the key
features of the coastal Texas plan as it relates to the bay
defense systems.
Mr. Bechtel. Well, what we are looking at, in addition to
the gates across the Bolivar Roads, which is about 2\1/2\ miles
across, the in-bay, say, the mainland projects would include
gates at Clear Lake and Dickinson Bayou, ring levee around the
city of Galveston to protect it from the floods from the
backside. Galveston has had protection from the Galveston
seawall for over 100 years now, since the 1900 storm. And the
only flooding that impacts the city of Galveston from
hurricanes is primarily from the north side, from the bay side.
And we need to limit the water from going into Galveston Bay,
for as the storm moves inland, the winds change and the water
comes into the backside of the city of Galveston. So, the ring
levee project is going to be very important in the long range
for the city of Galveston itself.
Mr. Rouzer. Thank you very much. I appreciate that.
Mr. Cordero, can you talk just very briefly about the Port
of Long Beach deep draft navigation project and how that will
help alleviate supply chain issues? I have got about 15 seconds
left.
Mr. Cordero. Yes. Absolutely. So, essentially, we are a
containerized gateway, but we also are a gateway that receives
one of the largest liquid bulk vessels. So, basically, what
that deep draft navigation study will do, it will improve
transportation efficiencies and will improve safety and
operations with regard to these large vessels that are coming
into this port gateway. So, we look forward, again, to
continuing to move forward to work with the Army Corps and
create these transportation efficiencies that also will reduce
costs.
Mr. Rouzer. Thank you, Madam Chair. My time has expired.
Mrs. Napolitano. Thank you, Mr. Rouzer.
I recognize myself for 5 minutes.
Secretary Crowfoot, thanks to your agency and other local
water agencies in California, Congress has been working with
the Army Corps in recent years to more effectively operate
Corps dams for local water supplies without causing flood
control risk.
Climate change has exacerbated extremes in our State. Like
right now we are going to 80; we have been in the 60s before.
Extreme periods of storm and extreme drought. During December,
Folsom Dam was forced to release 100,000 acre-feet even when
there was no forecast of additional storms.
How has your agency adapted to the new reality of drought
and better managing our dams to retain water during storms, and
what can the Corps do to improve operations of dams by working
with you and local agencies?
Mr. Crowfoot. Thanks for the question. Yeah, it is pretty
remarkable. Here in Sacramento, our State capital, we had the
longest period of time without any measurable rain, almost a
year. And the storm that broke that record provided the most
rain we ever received in 24 hours, over 5 inches, demonstrating
this weather whiplash.
The short of it is, we need to make better utilization of
our dams and reservoirs to better control or protect for flood
safety and for water supply. The good news is, thanks to the
Army Corps' leadership and partnership with States, that dam
and reservoir operations are being upgraded, like at Lake
Mendocino, which is a Federal dam that now uses forecast-
informed reservoir operations to more flexibly manage water
supply, again, both for flood safety and water supply. We need
to do more of that across our State and Federal dams and we
need to do it more quickly.
From our perspective, climate change is accelerating. We
know this, and we are experiencing it in real time. So, we
really do appreciate the Corps' leadership in this effort. And
WRDA 2022 can provide critical funding to make this happen.
Mrs. Napolitano. Thank you very much, sir.
Mr. Cordero, it is great that you thanked us for being with
you before WRDA 2020, the subcommittee. You said you had a
problem with ships waiting off the coast for berth space. Was
it due to the COVID labor shortage or a truck shortage? We
know--in southern California, we have seen that for years, but
how would this deepening project alleviate the problem of ships
waiting offshore? Why is it beneficial from a supply chain and
environmental perspective?
Mr. Cordero. Well, first of all, thank you for your
question, Madam Chair. As you have referenced, there has been a
disruption in the global supply chain. And, again, there is not
a port, a major port that has been immune from this disruption.
So, as I referenced, this is all COVID-based. And by that I
mean, in the spring of 2020, when the world really came to a
stop in terms of the negative impacts of the virus, it provided
some questions for us to really think about. And by that I
mean, I think the disruption here in the supply chain really
accelerated or elevated the conversation about how fragile the
supply chain is here in the United States.
One reason--there are a number of factors, but one reason,
I guess the Secretary of Transportation, Secretary Buttigieg,
who visited our port here last month, put it best:
Disinvestment, the history of disinvestment in our ports and
the move now to invest in our ports.
So, I think it is fair to say that the more we--as ports
across America invest in our ports--and as chairman of the
AAPA, I will tell you that ports across the country are
investing about $33 million a year.
Mrs. Napolitano. Thank you, Mr. Cordero.
I think I have not enough time. But I want to recognize
Chairmen Yucupicio and Seki, and honor them because they are
part of the conversation to improve the partnership between the
Corps and the Tribes in addressing historic needs. Both of you
make valuable suggestions on improving the partnership with the
Corps, including the potential appointment of a Tribal liaison
for Corps districts, as well as addressing the inability of
many Tribes to financially partner with the Corps. Can you
summarize key changes you would recommend?
Mr. Seki. Congresswoman, that is a great question. I don't
have----
Mrs. Napolitano. You have 34 seconds, sir.
Mr. Seki. I don't have those exact details at this moment,
but I would be more than happy to circle back with your office
following the hearing.
Mrs. Napolitano. Great, Chairman Seki.
And Mr. Yucupicio.
Mr. Yucupicio. Thank you. Yes, a true partnership, and we
look forward to working with the Army Corps. You know, we have
always been at a disadvantage here in the desert from bringing
water in 55-gallon drums to the reservation way back in the
sixties to now. We still struggle with our infrastructure and
water needs, and it will continue. But we truly, truly want a
great partnership with the Army Corps to figure these things
out. And we ask the committee to do that.
Thank you.
Mrs. Napolitano. You are very welcome. Thank you. Your
point is well taken, sir.
Now we will call on Mr. DeFazio for 5 minutes for
questions.
Voice. Mr. Webster.
Mrs. Napolitano. Mr. Webster.
Mr. Webster of Florida. Thank you, Chair, for putting on
this hearing. Thank you and the ranking member. The second
hearing about WRDA. It is good to be here.
I have a question for Ms. Julie Hill-Gabriel about the CERP
in the Everglades. And the plan that it is, it has been there
for over 20 years. And then the EAA and what--we got the money
from--getting the money from the bipartisan infrastructure
plan, which is over $1 billion. How do you see that money
utilized in those two areas?
Ms. Hill-Gabriel. Thank you, Congressman Webster. So great
to you see you again and having wonderful memories of
presenting you with Audubon's Champion of the Everglades Award
in relation to some of the great progress you helped us
accomplish in former WRDA----
Mr. Webster of Florida. Same here.
Ms. Hill-Gabriel [continuing]. Including authorizations of
the central Everglades project, which is part of what the
Everglades Agricultural Area is a component of.
So, I think overall, when we talk about the fact that the
Comprehensive Everglades Restoration Plan was authorized in
2000, we are more than 20 years down the line now. Sometimes we
have to remember all the different phases that it took us to
get to where we are today. There was a lot of time spent in the
planning effort, of planning the different projects, and then
getting them authorized through this committee, getting them
funded, then actually getting them under construction. And I
think where we are today is actually seeing a number of
projects cross the finish line. And when fully constructed,
they are actually the point of making sure that we are
operating them to achieve the return on investment that was
promised.
And I think one of the most important things that we have
learned through that whole process is that you have to be
moving forward in all of these fronts concurrently. If we do
one project at a time, wait until it is finalized, this is
going to take decades and decades more. And the urgency is
simply too clear to let things continue to take that long to
progress.
So, the infrastructure funding will help advance a number
of projects that either already were underway or other
components, again, some of which were authorized back in 2007,
to get those finished and across the finish line. But we
absolutely have to maintain that focus in some of the projects
that impact multiple parts of the ecosystem, like the central
Everglades project and the Everglades Agricultural Area
Reservoir that is a part of that.
We hear a lot about the impacts to the coastal estuaries
east and west on Florida's coast and all the devastating
impacts that they have seen. But the reservoir doesn't just
benefit those areas. It really also sends that freshwater
south, which is how the system naturally works to make sure
that all parts of the ecosystem, including the southern
Everglades, Florida Bay, that they are also seeing restoration.
So, it is important to make progress on projects that are
already underway but equally important to continue moving
forward, especially with things like the central Everglades and
the reservoir project that will help so many parts of the
system.
Mr. Webster of Florida. Well, thank you so much. And good
to see you again.
I yield back.
Ms. Hill-Gabriel. Thank you, Congressman.
Mrs. Napolitano. Thank you, Mr. Webster.
Ms. Johnson is next, followed by Mr. Babin, and then Mr.
Garamendi.
Ms. Johnson, proceed, please.
Ms. Johnson of Texas. Thank you very much, Madam Chair. And
let me thank the full committee chair and the ranking member,
Mr. Rouzer, for holding this hearing.
It has been most encouraging to work closely over the years
with the Army Corps of Engineers in the Dallas-Fort Worth area.
My congressional district in the north Texas area has been
affected by periodic flooding and related matters, problems
which have been and will continue to be exacerbated by climate
change and erratic temperatures, which we have just
experienced. The Army Corps has been a tremendous partner in
those efforts to address these issues. And I am pleased too,
also, that the Joe Pool Lake project received money in our
latest bill, which will go a long way in helping to avoid some
of the sliding.
I want to ask the first question to Mayor Bechtel. Mayor,
as you have made evident in your testimony, the Gulf Coast
Protection District is of critical importance, not only to
Texas coastal communities, but to the entire Nation. And the
International Inland Port of Dallas is a crucial connecting
point for goods transported from the gulf coast ports as they
pass northbound and westbound by freight and truck. So, in
fact, the Union Pacific Dallas Intermodal Terminal in my
district provides a tremendous amount of intermodal access to
the Ports of Los Angeles and Long Beach as well.
Can you describe how the businesses at the Dallas Inland
Port are adversely affected by the gulf coast storms you have
mentioned in your testimony?
Mr. Bechtel. Certainly, Congresswoman. Thank you for the
question.
The Port of Houston, and we have seven other ports in the
district also, but primarily the Port of Houston is the largest
on the gulf coast. The products coming through the Port of
Houston go all over both the Southwest and Southeast of the
United States and right up the core of the central. And the
logistics part of it onshore is, to me, the biggest bottleneck
in current terms.
If we have a shutdown of the port down here on the coast,
certainly the supply chain all the way up to Dallas and then
from the distribution centers at Dallas throughout the rest of
the United States are going to be severely hampered just on the
goods coming through the port.
Ms. Johnson of Texas. OK. Now, Mr. Cordero, I am wondering
what is the relationship between the Port of Long Beach and the
Dallas Inland Port. And, roughly, how much business does your
port do with the Dallas Inland Port?
Mr. Cordero. Great question, Congresswoman. Basically, if I
understand your question of relationship there with the Dallas
folks. Number one, I think, clearly, moving containers by rail
is of utmost important right now and, in fact, a priority for
the Port of Long Beach. So, to our partnership with the Class I
railroads, the UP and the BNSF, that corridor that leads from
California to Texas is vital. And so, I think it is fair to say
that we have a very good collaborative relationship with the
railroads and the stakeholders in terms of moving the cargo
here that comes from Asia inland. And as you may know, there is
not a container that comes here at the Port of Long Beach that
doesn't end up at every congressional district in the mainland.
So, needless to say that, for us, this is a very
significant gateway and particularly our partnerships with the
other ports and other important regions. Texas particularly is
very vital for us and important.
Ms. Johnson of Texas. Thank you very much.
Just a little bit more time. In my congressional district,
I am proud to report that the Audubon Dallas is quite active,
founded in 1973, and primarily responsible for managing and
maintaining the 600-acre Cedar Ridge Preserve in southwest
Dallas County.
In your testimony, you mentioned the excellent work the
Audubon Society is doing on restoration projects in the
Everglades, the Mississippi River, and in coastal Louisiana. In
Texas, we have serious issues related to coastal flooding along
the gulf coast near Houston in south Texas along the Rio Grande
Valley. We also have serious inland flooding issues in the
Dallas-Fort Worth area.
Can you speak to some of the work you are engaging in to
address these issues in Texas and your work to restore----
Mrs. Napolitano. Ms. Johnson, would it be possible for her
to address them in writing? Your time is up and we have got a
lot more questions.
Ms. Johnson of Texas. Thank you very much. I will.
Mrs. Napolitano. Thank you, ma'am.
Mr. Babin, you are recognized.
Dr. Babin. Yes, ma'am. Thank you very much, Madam Chair and
Ranking Member Rouzer, for convening this hearing. I want to
thank all you witnesses for being with us today.
And a special welcome again to Mayor Bechtel. I am looking
forward to working on WRDA this year, and I am optimistic about
our ability to work together to improve upon our Nation's
infrastructure.
In WRDA 2020, we were successful in passing numerous
provisions, such as an inland waterway cost share adjustment; a
flood risk management modification in Orange County, kicking
off a significant aspect of the coastal barrier project; and
authorizing the expansion of the Port of Houston Ship Channel.
As a matter of fact, we were not only successful in passing the
authorization to dredge and widen the Houston Ship Channel, but
we also got a project appropriated and secured as a new start
designation all in 1 year's time. But we are still not done.
In WRDA 2022, I will advocate for the Army Corps of
Engineers to assume operation and maintenance of the entire
Houston Ship Channel. In light of the Port of Houston
Authority's recent economic reviews showing that locally
preferred plan cost has decreased dramatically, I am confident
that the Army Corps' assumption of maintenance is economically
justifiable.
I represent four ports. In addition to the Port of Houston,
my district is also home to the Sabine-Naches Waterway Channel,
which hosts two Department of Defense contracted commercial
military strategic seaports and serves more than 55 percent of
America's strategic petroleum reserves.
We are in the midst of a channel improvement project which
will improve and optimize the waterway, but in order to
continue moving this project along expeditiously, we need to
get the Army Corps' favorable decision document recommendation
back so that we can authorize construction of additional
navigational features.
Finally, I will be working alongside several of my
colleagues here today to support the project authorization of
the Coastal Texas Study. Thank you to Mayor Bechtel for all the
work you have done on this project and for your leadership in
southeast Texas.
As you have highlighted here this morning, the breadth and
the extent of this project's implications are extraordinary.
This will be one the Army Corps' largest infrastructure
endeavors, but will support and bolster millions of jobs and
have an incredible economic impact on our country.
Madam Chairwoman, I would like to enter in the record a
letter of support from several different industry leaders and
stakeholders expressing their support for this project, if you
will.
Mrs. Napolitano. So ordered.
[The information follows:]
Letter of February 8, 2022, from the American Chemistry Council et al.,
Submitted for the Record by Hon. Brian Babin
February 8, 2022.
The Honorable Peter A. DeFazio,
Chairman,
Transportation and Infrastructure Committee.
The Honorable Sam Graves,
Ranking Member,
Transportation and Infrastructure Committee.
The Honorable Grace Napolitano,
Chairwoman,
Subcommittee on Water Resources and Environment.
The Honorable David Rouzer,
Ranking Member,
Subcommittee on Water Resources and Environment.
RE: Support for Coastal Texas Resiliency Improvement Plan identified
in the U.S. Army Corps of Engineers (USACE) Coastal Texas Protection
and Restoration Chief's Report (Coastal Texas Chief's Report) also
called the Coastal Spine
Dear Chairman DeFazio, Ranking Member Graves, Subcommittee
Chairwoman Napolitano and Subcommittee Ranking Member Rouzer:
The undersigned trade associations who represent thousands of good
paying American manufacturing jobs across the country urge your support
for storm surge protection infrastructure along the upper Texas coast,
also referred to as the Coastal Spine. This important issue will be
addressed at the Transportation & Infrastructure Water Resources and
Environment Subcommittee Hearing titled ``Proposals for a Water
Resources Development Act of 2022: Stakeholder Priorities.''
This much-needed infrastructure will reduce risks to vital
resources that hold significant implications for the nation's supply
chains and economic security. The region that would be protected by
this project has a high concentration of petrochemical manufacturing
facilities, with Texas being the largest chemistry producing state. The
Coastal Spine is also home to a majority of the refineries in Texas,
representing almost 25 percent of all U.S. refining capacity.
Although natural disasters vary, the impacts are all too similar.
In 2021, the Texas gulf coast experienced unprecedented weather due to
Winter Storm Uri, a storm that significantly impacted our continued
operations and created a ripple effect across numerous supply chains.
According to data from the Independent Commodity Intelligence Services,
nearly a quarter of U.S.-based chemical and synthetic materials
capacity was estimated to be offline. A hurricane or storm surge could
present similar or worse impacts.
With over 96 percent of all manufactured goods touched by the
business of chemistry, our industries are important to every state and
congressional district in the country. For example, our products are
inputs for dairy bottles in California, packaging in Oregon, injection
molded products in Missouri, and carpet and furniture in North
Carolina. Our assets, employees, and communities where we live and work
need this much-needed infrastructure investment to stabilize our
nation's supply chains.
The importance of our industries was highlighted in March 2020,
when as part of the federal government response to COVID-19, the U.S.
Department of Homeland Security identified our industries as Essential
Critical Infrastructure, industrial sectors critical to public health
and safety, economic and national security. From critical inputs for
medical masks and personal protective equipment (PPE) to manufacturing
hand sanitizer and disinfectants, our industries have played a critical
role in the global battle against COVID-19.
This project balances preserving beaches and the unique ecosystems
of the coast while also providing multiple lines of defense to protect
essential human and economic infrastructure in one of the most diverse
cities in the country.
Thank you for your attention to this important matter. We look
forward to continuing to work with the Committee on this effort.
Sincerely,
American Chemistry Council.
American Fuel and Petrochemical Manufacturers.
National Association of Chemical Distributors.
Plastics Industry Association.
Dr. Babin. Question 1: Mayor Bechtel, can you tell us what
money the district has available to meet its financial
obligations?
Mr. Bechtel. Well, initially, the State of Texas provided
50 percent of the funds for the Coastal Texas Study with the
Corps of Engineers, which was approximately $10 million at the
time. Since then, the State, in the 86th legislative session in
2019, appropriated $200 million, primarily for local match
funds for the projects in Orange and Jefferson County. And in
2021, with the legislation that set up the Gulf Coast
Protection District, the legislature appropriated another $200
million at that time. So, $400 million from the State
legislature in, say, direct funding.
Dr. Babin. OK.
Mr. Bechtel. In addition, the Gulf Coast Protection
District was granted taxing authority, with voter approval, in
the legislation that set us up. And the board is also exploring
alternative funding along the lines of resilience bonds or
something else that we can do.
Dr. Babin. OK. And question 2, still directed to you: Some
of the projects that make up the coastal barrier are already
underway. For example, Orange County is expected to sign its
PPA with the Corps next month. Can you update us on the Sabine
to Galveston projects and what the status is on those projects?
Mr. Bechtel. OK. The S2G, which was approved in the
Bipartisan Budget Act of 2018, impacted Orange and Jefferson
County, which is part of our district now. The Gulf Coast
Protection District is in negotiations currently with the Corps
of Engineers on a PPA covering the Orange County projects.
Jefferson County Drainage District No. 7 was the original non-
Federal local sponsor in their area, and they signed the PPA
with the Corps of Engineers in 2019.
Those projects are--the Orange County project is in the--
just really kicking off in the engineering design phase. In
Jefferson County, the project, they are actually moving dirt.
Mrs. Napolitano. Mr.----
Mr. Bechtel. The third project, which was on the other end
of our district, the Velasco Drainage District project, they
signed a PPA with the Corps in 2021.
Mrs. Napolitano. Mr. Bechtel, would you please give further
information in writing, please? Time is up.
Mr. Bechtel. Thank you.
Dr. Babin. I will yield back. Thank you very much. Thank
you.
Mrs. Napolitano. Thank you.
Mr. Garamendi, you are next, followed by Mr. Graves, then
Mr. Lowenthal and Mr. Weber.
Mr. Garamendi, you are recognized.
Mr. Garamendi. Thank you, Madam Chairman. And thank you
very much to all the witnesses. A very interesting, very useful
discussion.
I want to focus on California, so, Mr. Crowfoot, you are
going to be up in a moment. I want to focus specifically on
dredging and the San Francisco Bay area.
In 2016, the State of California sued the Corps of
Engineers to stop hydraulic dredging, that is suction dredging,
claiming that it would somehow hurt the longfin smelt, thereby
forcing the Corps to use clamshell, which is two to three times
more expensive. The result of that was that the Corps of
Engineers now has dredging every other year and at two to three
times the cost. In 2019, the State sued the Corps for not doing
enough dredging. So, we have got a problem here.
And I really want you to focus on the use of hydraulic
dredging and the opportunity to do real-time monitoring as to
the extent of damage to the smelt. Are they really anywhere
nearby? And is the hydraulic dredging more or less
contaminating the water than the suction dredging?
Secondly, I want you to consider the beneficial use, which
is a high stake, a high priority for the State of California.
The doubling and the tripling of cost makes the beneficial use
that much more difficult.
So, we have got an inconsistency here, and I would like you
to focus on that. There is no doubt that we need to do more
dredging in the bay if we are going to maintain the
international shipping that is so important to the State of
California.
Secondly, in the delta, the State of California set up
various restoration projects for the wetlands in the delta
mostly using imported material. The State of California is not
a sponsor of the dredging for the Port of Stockton and for the
Sacramento River from Carquinez into the heart of the delta,
the result of which the dredging projects have dropped, and the
available material is not available for your restoration
projects in the delta.
I would like you to consider this. I would like to have
your comments on the inconsistency of the State policies here
that are actually preventing the goal that the State has
observed. And do keep in mind this new green lining thing that
you talked about.
Mr. Crowfoot. Well, thanks so much. First of all, I am
committed to unpacking these issues with you. I think we share
a similar North Star, which is to ensure that enough dredging
happens so that the ships and the boats can actually be
involved in our economic activity that is so important,
obviously while protecting the environment and building our
resilience to sea level rise and then that inundation of
saltwater into our bay delta.
So, I am confident that we can actually balance each of
these priorities. We do believe that the use of that beneficial
sediment is really important to build our resilience. We
recognize it is more expensive, and we will look forward to
working with you and also Army Corps leaders in the region to
explore just what projects make sense to use that beneficial
sediment.
And then to your point around the State's litigation around
the Federal Government. I am committed to, again, moving beyond
that and getting to a point where we can dredge our rivers in
the delta as we need to for our economic activities in a way
that is actually not harmful for the environment. So,
complicated issues, but you have my commitment from my own
personal time and energy on it.
Mr. Garamendi. Very good. And do keep in mind the lawsuits
that are holding up the water projects also.
I do want to commend your agency for your work on Sites
Reservoir. Moving that along, we now have to move the Federal
Government on that, specifically the Office of Management and
Budget. Hopefully, we will get that one done.
And finally, with regard to the restoration projects in the
Sacramento Valley, your commitment and participation in the
very extensive 300,000-acre-plus restoration project that
includes the rice fields and the bypasses, extremely important
project, not only for flood protection, but also for
environment and all of the various species.
If you would like to comment on that in the closing
moments, either Sites or the restoration projects, please do.
Mr. Crowfoot. One hundred percent agree. And let me talk
about the restoration project. Remarkable partnerships between
agricultural leaders and rice growers and groups like Audubon
to extend our seasonal flood plain. I am really bullish on our
ability to do that, not only to recover the salmon but to
support agriculture. So, 100 percent committed to moving
forward on that. And thanks for your words on Sites Reservoir
as well.
Mr. Garamendi. Thank you very much. Thousands more
questions. I will be in your office shortly to get all these
things resolved. Thank you very much.
I yield back.
Mrs. Napolitano. Thank you, Mr. Garamendi, very much for
your on-time delivery.
Mr. Lowenthal--I'm sorry, Mr. Mast is next, followed by Mr.
Lowenthal. Mr. Katko is next.
Mr. Mast, you are recognized.
Mr. Mast. Thank you, Chairwoman. I appreciate it.
Ms. Hill-Gabriel, I have just a little bit of dialogue I
would like to have with you. It is good to see you. I want to
thank you for your advocacy, the Audubon Society's work, and
everything that you all do on behalf of the Everglades. I do
very much appreciate it.
This summer, Audubon made--they are making statements
constantly. I believe the Audubon made a statement about the
threat of harmful algal blooms. Everybody knows I continue to
work on this on the WRDA, the Water Resources Development Act,
in subcommittee and full committee. It is plaguing my
community, as you well know.
So, the statement was made that exposed fish die quickly.
And consuming contaminated fish or shellfish, it is dangerous
for birds and dolphins and other terrestrial mammals. So, I
guess what I am asking in talking about the statement that
Audubon has made, are the birds the canaries in the coal mine
here?
Ms. Hill-Gabriel. Thank you, Congressman Mast. And, of
course, as always, thank you for your passion for Everglades
restoration and especially continuing to hold up the plight of
the communities along the St. Lucie Estuary in particular.
I think before getting to that, I just always have to
share--I feel like I was able to share with the subcommittee a
few years ago my own personal experience. It is hard to
articulate and explain the experience of being around one of
these toxic algae blooms. In my own experience, I lived in
south Florida but I did not live along that estuary. And I was
up there visiting and had really never experienced anything
like it, that I was across the street from any body of water,
like, where I thought was pretty far away, and opened the car
door, and having that rush to your senses immediately--I mean,
I thought I had parked next to a dumpster was my real
experience with the odor, but really a feeling like your eyes
are on fire. It is really hard to articulate until you have
experienced it.
So, I just want to thank you again for trying to articulate
what those experiences are for folks who have never had that
firsthand. And for me, it truly only strengthened my resolve
for focusing and being an advocate for Everglades restoration.
And we know that absolutely toxic algae blooms have an
impact on the species that birds rely on for their food
sources. Similarly, we know that when there is excess nutrients
in waterways, it changes the vegetation that the birds rely on,
and that is part of why we have been such advocates for trying
to remove excess nutrients throughout the entire ecosystem.
Starting in the northern Everglades, all the way down to being
huge supporters over the years of the really monumental work
that the State of Florida has done to clean nutrients out of
the water before it reaches some of those places where birds
are more prevalent and relying on that clean water source.
And I think that some of the progress that has been made
has focused on that, but there is still a long way to go, and
that is part of why we keep focusing on getting projects
finished that are in the pipeline for Everglades restoration,
while also looking to advance the ones that are still ahead,
like finalizing that central Everglades project and the
Everglades Agricultural Area Reservoir. That we know will help
hold some of the water, have it go through those filtration
marshes, and then continue its path south into the southern
Everglades in Florida Bay, because all of those different areas
are important for different species of birds. And so, water
quality is absolutely prevalent and an important issue for
birds, but it is also things like the balance of freshwater and
saltwater that can dramatically increase and the challenges of
birds having finding a food source.
And at Audubon, last thing I will say is, we have been
lucky enough in a lot of places, like in Florida Bay, to
actually study the fish--the forage fish that birds rely on and
how the bird populations have changed over the years, for
sometimes more than 100 years. So, we are able to see the
impact of those changes as they happen and use that. And that
really, for us, guides our positions and our advocacy in
advancing Everglades restoration.
Mr. Mast. All right. You described that situation of
opening up your door. Would you work in the middle of that for
10 hours a day?
Ms. Hill-Gabriel. I will say that I went home, and as
someone who has little children, thought about the impact of
that, of course. We have dubbed things the lost summer, but
truly thinking about the fact that I was able to go home,
right, but others don't have. That is their home. And that has
stuck with me for a long time. Would I let my kids play
outside? No. It would be just such a hard experience to imagine
folks who have to endure those conditions at those times when
those blooms are so active.
Mrs. Napolitano. Thank you very much.
Mr. Mast. Thank you, Chairwoman.
Mrs. Napolitano. Thank you, sir.
Mr. Lowenthal, you are recognized.
Mr. Lowenthal. Thank you, Madam Chair.
Mr. Cordero, thank you once again for your kind words and
for highlighting the importance of Long Beach's deep draft
navigation project both for our community and for the Nation's
economy. This investment could not come at a more critical time
as we work together with the administration and the private
sector to strengthen our supply chains.
Incidentally, I was glad to hear Chair DeFazio recognize
the importance of your leadership and the Port of Long Beach's
leadership in moving towards 24/7 as a way of really dealing
with the congestion.
This project, the deep draft navigation project, can also
make the port operations faster, more productive, and even
cleaner by making navigation more efficient. You have already
highlighted the excellent cost-benefit ratio that the project
will enjoy. And I am determined to continue to support this
critical investment.
This year's WRDA bill, through projects like this, can make
a real difference for the American people and while continuing
to advance climate resilience, nature-based solutions, and
environmental justice. Critically important is the issue of
environmental justice.
Mr. Cordero, can you elaborate more on the national
economic benefit of this project and, if you have time, also on
the environmental benefits of this project?
Mr. Cordero. Yes. Absolutely, Congressman. As you may be
aware, when the Army Corps first looked into this matter, in
collaboration with the Port of Long Beach, the overriding
concerns were two. Number one, the national economic
development plan, and of course, how that fits in terms of the
navigational improvements. So, suffice to say that there are
five areas here in terms of draft projects that need to be
addressed: the West Basin, the Approach Channel, the Main
Channel, and Pier J South Slip, and the Pier J Approach. In
essence, creating more draft for the larger vessels in the
world to visit here at the Port of Long Beach, be it container
and be it liquid bulk.
So, the importance in terms of the national impact on this,
let me just end by saying in the proper context in one case of
a liquid bulk vessel. The largest tanker to visit a North
American port was, in fact, here at the Port of Long Beach. And
now we are trying to address that approach here from a 76-foot
draft to 80. How much of a difference does that make? Every 1
foot of draft that we could create, in essence, translates to
anywhere from 35,000 to 40,000 barrels of product. And so, that
is a significant impact with regard to that type of commodity
that comes in here. And, of course, the dependency of the
Nation with regard to, on the energy front, how important that
is.
So, for the Port of Long Beach it is not just a question of
container as cargo; there is also a diverse portfolio of liquid
bulk cargo.
Mr. Lowenthal. Thank you. In the time I have remaining, can
you elaborate on the environmental benefits of this project,
especially to the community surrounding the port complex?
Mr. Cordero. Absolutely. So, what occurs in the case of
both vessels, we have a process, what is referred to as
lightering. And what that basically means is when a tanker
vessel comes in and it is too large to come into the harbor, we
have a smaller vessel that goes out there and has the economy
transfer to the smaller vessel, which goes into the harbor as a
second transfer. All this creates further emissions, idling,
which again will be unnecessary if we create the proper draft
with the bigger vessel, which, incidentally, the larger new
bigger vessels are environmentally more friendly, not only in
terms of the technology that they use but the fuels that they
use. So, I think it is a very positive step of eliminating
emission share at this harbor complex.
Mr. Lowenthal. Thank you, Mr. Cordero. And thank you for
your active support to the Long Beach deep draft navigation
project.
And I yield back.
Mr. Cordero. Thank you.
Mrs. Napolitano. Thank you, Mr. Lowenthal, very much.
Mr. Graves, you are recognized.
Mr. Graves of Louisiana. Thank you, Madam Chair. I want to
thank the witnesses for joining us today.
Ms. Hill-Gabriel, section 213 of the Water Resources
Development Act of 2020 includes a study of the lower
Mississippi River system. And so, that is everywhere from Cape
Girardeau, Missouri, all the way down to the mouth of the
Mississippi River. As you know, the Mississippi River and
tributaries project, of which that river is obviously part of,
is 100 percent Federal cost for virtually everything. Yet the
Corps of Engineers' interpretation has found that this is a
study that is going to require a 50/50 cost share and the non-
Federal sponsors would be seven different States.
Do you believe, one, that this project is important in
reassessing the management of the lower Mississippi River
system? And, two, do you believe that that type of
interpretation, that does seem inconsistent with MR&T, is the
right approach?
Ms. Hill-Gabriel. Thank you so much, Ranking Member Graves.
But first I have to begin with the fact of reiterating just how
important the study is in including just work in this area in
general. Our own recent study with Audubon and partners have
noted, for our purposes and our mission, that there are some
birds where 50 percent of the North American population rely on
the Mississippi River Delta for their breeding and habitat. So,
it is something that's just an absolute top priority for
Audubon and, of course, affects the largest watershed in the
Nation.
And I think that to have any impact in decisionmaking
around the format that a study can take, that has the potential
to delay its implementation, is really not addressing the
urgency and the need of the issues to move quickly. Clearly,
that if a study needs seven non-Federal sponsors to coordinate
and come to the table and iron out differences and identify
whose responsibility is whose before we advance things, that is
going to take longer. And I think it is really imperative that
we act with the utmost urgency to understand more about the
river and the issues that are facing it so that we can start to
get to the next step of undertaking more action to address the
challenges that are being faced there.
Mr. Graves of Louisiana. Thank you.
Moving on to the next question. Until Texas comes in and
totally blows the numbers out of the water with their
authorization this year of $28 billion, coastal Louisiana has,
I think, the largest groupings of authorizations for storm
damage, risk reduction, hurricane protection type projects,
navigation, ecological restoration. And as you know, Ms. Hill-
Gabriel, these projects all work as sort of in a system in
Louisiana. Unfortunately, the authorization is not weaved
together sort of like in the Everglades or Great Lakes
initiative that does put everything into one program, but,
again, they are all related.
Back in the Water Resources Development Act of 2007, title
VII had a cross-crediting provision, and it allowed for you to
develop credits on one project, move them over to another. And
in order to sort of move this in more of a program type
direction, Congress came in and cleaned it up again in 2014,
because of flawed Corps interpretations. Cleaned it up again in
2016, as we continue to play whack-a-mole with the Corps of
Engineers.
Have you seen, under any of the interpretations or the
interpretive guidance coming out of the Corps of Engineers, an
actual functional system that would allow for cross-crediting
or allow for really functionality in implementing these
projects?
Ms. Hill-Gabriel. Thank you again, Congressman. And I think
one thing just to put some emphasis on, of course, we always
appreciate your leadership in highlighting these issues as it
relates to coastal Louisiana. You may have heard, I believe
Secretary Crowfoot mentioned a similar example in the Central
Valley where they are having challenges of transferring non-
Federal sponsor credits across different projects.
I will say that in the Everglades, while the overall
program--the overall comprehensive plan was authorized as one
piece, there was a decision made that each individual
component, each individual project still needs to be
independently authorized. But what has been done there is the
development of sort of a non-Federal sponsor and Federal, so, a
non-Federal sponsor and Army Corps ledger where they balance
out across the programs as a whole. And so, that----
Mr. Graves of Louisiana. And the task force that helps with
the integration as well.
Ms. Hill-Gabriel. Exactly. And State and Federal task force
to help guide some of that. And I think the lesson there is
just, you know, we need to allow efficiency and creativity when
there are options on the table. And there are, as you noted,
many provisions in WRDA and discussions already ongoing. That
is something that should be reinforced and supported.
Mr. Graves of Louisiana. Thank you. I yield back.
Mrs. Napolitano. Thank you, Mr. Graves.
Next order will be Mr. Carbajal, Mr. Johnson, Mr. Stanton,
Mr. Cohen.
Mr. Carbajal, you are recognized.
Mr. Carbajal. Thank you, Madam Chair. And thank you to the
witnesses for your time and testimony today.
You all know better than most how these projects affect our
communities and the role they play in environmental and human
health and economic development. California is home to several
ports that see billions in economic productivity annually,
including the busy Port of Long Beach. The Water Resources
Development Act we are currently working on and funds included
in the Bipartisan Infrastructure Law for the Army Corps offer a
great opportunity to improve the efficiency and the resiliency
of our ports.
Mr. Cordero, around this time 2 years ago, I had the
opportunity to tour the Port of Long Beach with the
congressional delegation led by my colleague, Chairwoman Grace
Napolitano. As you mentioned in your testimony, the Port of
Long Beach supports 2.6 million jobs across the Nation and is
an important part of our supply chain infrastructure.
In my role as chair of the Coast Guard and Maritime
Transportation Subcommittee, I have heard a fair deal of
stakeholders about supply chain issues. We have done quite a
bit of work here in Congress to help alleviate that problem
through investments included in the Bipartisan Infrastructure
Law, but I know there is always more work to be done.
Can you discuss how a bill like WRDA can help further
support port infrastructure?
Mr. Cordero. Yes. Thank you, Congressman. Well, we
mentioned one of the major projects here with regard to the
deep draft navigation study and making sure that our channels
have enough draft or deep enough to navigate or have the
largest vessels navigate. We talk about the large vessels but
in terms of the width. So, I think it is fair to say that with
regard to some of these projects that we are addressing, it
goes a long way in making sure that these larger vessels come
in. And with the size of the vessels that we have today,
Congressman, 14, 16, 18; in fact, at the Port of Long Beach, we
recently had a 20,000 TEU vessel, and last year a 24,000 TEU
vessel.
I think, again, the name of the game is how we continue to
move containerized cargo here in terms of the throughput. And
as Congressman Lowenthal and Chairman DeFazio said, that is why
we have the concept of 24/7 vision here in terms of pilot
projects that we are operating right now.
But to your question, I think, again, what is important is
to move cargo in a more efficient manner and, of course,
environmentally more friendly. And on that last point, that is
why we are focusing on rail investment here.
But I hope that answers your question in terms of the
bigger picture of what we are trying to do here at the Port of
Long Beach as the Nation's most significant gateway.
Mr. Carbajal. Thank you very much.
Ms. Hill-Gabriel, communities living near ports face unique
challenges due to sustained exposure to pollutants and toxins
as a result of port operations and ship emissions. As a county
supervisor, I worked on the Blue Whales and Blue Skies
initiative to reduce ships' emissions. And in Congress, I
introduced the Expanding the Maritime Environmental and
Technical Assistance Program (META) Act, which was signed into
law through the fiscal year 2022 NDAA, to support the reduction
of air emissions from vessels by authorizing additional funds
for the Maritime Environmental and Technical Assistance
Program, to fund research and activities related to zero-
emissions technology.
What other recommendations do you have for us to tackle
this problem and help reduce harmful emissions from port
operations?
Ms. Hill-Gabriel. Thank you so much, Congressman. And I
appreciate all of your leadership on that issue in advancing. I
do think the focus on technical assistance is always an
important place to start, and I think that the more we
understand the new innovative approaches that can take shape
when we incorporate especially local knowledge on exactly what
is happening. While there are overarching issues to address,
every port issue that I have ever looked into is different,
right? There are different impacts. There are different
ecological factors at play. And as you noted, different
proximity of communities to the issues.
So, I think continuing to further find that effort of
coordination, and whether it is formulating a different pathway
for community engagement in a regional level related to the
port and finding out ways to garner some of the great ideas and
understanding of the full impacts, and then having the
capability to raise that up to the Army Corps or other Federal
agencies that address these issues, I think is critical.
Mr. Carbajal. Thank you very much. And I must say that the
META Act, I was lucky enough to be able to join my good
colleague, Representative Alan Lowenthal, who took great
leadership with that legislation.
With that, I yield back, Madam Chair.
Mrs. Napolitano. Thank you, Mr. Carbajal.
Mr. Johnson, you are recognized.
Mr. Johnson of South Dakota. Thank you, Madam Chairman. I
appreciate that.
I will talk a little bit to Chairman Seki and Chairman
Yucupicio. I just think it is fantastic we have got two Tribal
chairmen here. And I think it augers for a very good process,
Madam Chairman, as we move forward with WRDA. It is just
fantastic.
And so, gentlemen, I will have questions for you. But first
I want to talk just a minute about a South Dakota Tribe. Last
week, I got a letter, a very detailed letter from the Standing
Rock Sioux Tribe in South Dakota as well as North Dakota.
And, Madam Chairman, I would ask unanimous consent to enter
that letter into the record. Your staff does have a copy of it.
Mrs. Napolitano. So ordered.
[The information follows:]
Statement of the Standing Rock Sioux Tribe, Submitted for the Record by
Hon. Dusty Johnson of South Dakota
Comments on the Department of the Interior's Implementation of the
Bipartisan Infrastructure Law and Funding for Tribes
february 4, 2022
Thank you for the opportunity to comment on the Department of
Interior's (DOI) implementation of the Bipartisan Infrastructure Law
(BIL) and funding opportunities for tribes. The Standing Rock Sioux
Tribe is particularly interested in the funding available through the
Bureau of Indian Affairs (BIA) for irrigation projects, water
sanitation, and dam safety. We are also interested in funding available
through the Bureau of Reclamation for authorized rural water projects.
This funding is needed for ongoing and long-standing infrastructure
needs on the Standing Rock Indian Reservation.
While these are important infrastructure investments for the health
and well-being of our communities, the BIL overlooks and does not
provide funding for some of the most critical infrastructure needs on
our Reservation and across Indian Country. We have a dire need for
healthcare facilities, schools, roads, and justice facilities. These
basic infrastructure needs are chronically underfunded and undermine
our ability to provide safety, security, and opportunities for our
members.
Much of the funding DOI is charged with implementing is dedicated
to needs far beyond Indian Country. For example, the Bureau of
Reclamation will be implementing billions in funding for water projects
and infrastructure outside of Indian Country. This funding will be
distributed according to existing laws, through competitive grant
programs, or requires a substantial cost-share. These are all barriers
to funding projects that will benefit Indian tribes.
In implementing each of these programs it will be up to DOI to
prioritize its trust responsibility and direct funding to projects that
benefit Indian tribes. We respectfully request that the Secretary use
any available authorities under the BIL or other laws to ensure that
funding is directed to needs in Indian Country. This includes the
possible reallocation of funding for the healthcare facilities,
schools, roads, and justice facilities that we need.
Infrastructure Needs of Large Land Base Tribes
The Standing Rock Sioux Tribe is a large land base tribe. Our
infrastructure needs stretch across our 2.3 million acre Standing Rock
Indian Reservation. We have over 16,000 enrolled members and about half
of our members live on the Reservation. Our Reservation is the size of
a small state, yet we lack the basic infrastructure that every
government needs to provide for its communities and promote economic
opportunities.
The Federal government's chronic underfunding of infrastructure
needs on our Reservation real and lasting impacts on the lives of our
members. Our current unemployment rate is above 50 percent and over 40
percent of the Indian families on our Reservation live in poverty. This
is more than triple the average poverty rate in the United States. The
disparity is worse for our youth. On our Reservation, 52 percent of the
population under age 18 lives below the poverty line, compared to 16
percent in North Dakota and 19 percent in South Dakota.
We respectfully request that the Biden Administration build on the
effort in the BIL and take action to seek and provide the funding we
need to meet basic infrastructure needs. The BIL will fulfill important
needs, but much more is needed. The Federal government must honor its
treaty and trust obligations by adequately funding reliable
infrastructure which is the foundation for the safety, health, and
welfare of our people.
Rural Water Projects
The delivery of safe and clean drinking water to our members is of
the highest priority for our Tribe. The vast majority of our members
are provided with water through the Standing Rock Rural Water System,
but many rural homes are not connected to the Rural Water System due to
lack of funding for expansion. Currently, there are more than seven
hundred homes which do not have access to running water and 2.3 million
acres with agricultural lands requiring water. Our goal is to utilize
available funding to connect as many residents of the Reservation
currently without service to the existing Rural Water System.
We rely on the Missouri River to supply water to our community. The
devastating impacts of the Pick-Sloan Plan and controversial water
policies for managing water levels in the Upper Missouri River Basin
continue to plague our Reservation and have had severe repercussions to
our Rural Water System. In past periods of drought, we experience a
lack of water to our intake system leaving us completely without water
for our homes, hospital, government, schools, and businesses, which
required significant time and resources to address. We want to ensure
that our infrastructure needs are addressed to avoid such issues in the
future. The mismanagement of water on the Missouri River continually
threatens our municipal water supply.
DOI is mandated to construct, operate, and maintain a Municipal
Rural and Industrial (MR&I) Rural Water System on our Reservation
through the Bureau of Reclamation (BOR). Over the past forty years, BOR
has been working on specific rural water projects to deliver potable
water. The Standing Rock MR&I Program works directly with BOR to plan,
construct, and maintain our Rural Water System.
Our rural water systems obtains raw water directly from Lake Oahe
on the Missouri River and distributes it across the Reservation to
provide safe drinking water to our users. The Rural Water System Water
Treatment Plant is located on the south side of the Reservation. The
Rural Water System treatment plant is a surface water plant with
flocculators, sedimentation basins, and microfiltration membranes.
The treatment plant injects finished water with chlorine and pumps
it to our communities in Wakpala and Kenel in South Dakota and our
Grand River Casino. From the southeast side of the Reservation, the
distribution system branches west to serve the communities of Bear
Soldier, Bullhead, and Little Eagle in South Dakota. Recently, the
Rural Water System expanded to the City of McLaughlin, South Dakota.
In October 2017, the Rural Water System was expanded to serve the
community of Fort Yates, North Dakota through a 1.5 million gallon
composite tank. The Rural Water System then branches west and north to
serve the communities of Porcupine, Cannonball, and Solen in North
Dakota and our Prairie Knights Casino. The distribution also reaches
some rural homes scattered throughout the Reservation, but expansion is
needed to provide rural water to all our members and residents.
The anticipated construction costs for the Standing Rock Rural
Water System in 2021 were $8.3 million. These funds were prioritized to
complete five projects:
the Selfridge Transmission Pipeline;
the Ralph Walker Treatment Plant membrane installation;
the Fort Yates Watermain Replacement;
the Fort Yates storage tank; and
the Solen Pipeline.
All of these projects are ongoing and require additional funding
for completion.
The Tribe anticipates the Rural Water System construction costs in
2022 to be approximately $26.1 million. While some of these expenses
will be funded through the Indian Health Service, other projects rely
on BOR funding. These projects include decommissioning the Fort Yates
water treatment plant, lagoons, and wet well pump house. Additional
maintenance and operation costs include making improvements to the
water treatment plant, repairing or replacing fire hydrants, replacing
the Luke White lightning tank to increase capacity, upgrading the
Cannon Ball community system with new watermain, new valves and service
connections, installing meters, replacing the watermain in Cannonball,
and constructing secondary user extensions.
Currently, our annual operations and maintenance budget is
$2,191,000, but the replacement need for the annual budget is
$4,000,000. The Tribe anticipates needing approximately $80,588,700 to
complete ongoing projects and support new priorities for construction
and upgrades planned through 2026.
In addition to expansion of the current Rural Water System, we need
funding for investments in aged water system infrastructure.
Deteriorating water distribution infrastructure poses a risk to the
public health on the Reservation. Our current rural water system needs
rehabilitation and replacements to distribution mains, transmission
lines, tanks, pumps, and meters. Aged service lines have a potential
for contaminating our drinking water through corrosion. We have
recently experienced numerous line breaks and water pressure loss in
our community requiring residents to boil water and conserve water use
for limited purposes.
While the Tribe is grateful for the rural water projects funding
included in the BIL, consistent and adequate funding for these projects
is too low and varies greatly each year making it difficult to plan for
construction. Funding levels also barely keep up with the rising costs
of inflation and makes the projects significantly more expensive than
originally projected.
The continual rise in costs and limited appropriations make it
difficult to complete our ongoing Rural Water System projects. We have
an urgent and compelling need for substantial rural water funding due
to the basic lack of access to potable water plaguing many of our
residents. This creates serious public health and safety issues which
only got worse during the COVID-19 pandemic. The Tribe requests that
BOR give priority to funding and completing our Rural Water System.
These investments are required by the Federal government's treaty and
trust responsibility to the Tribe.
BIA Road Maintenance Program
We were shocked that BIA's Road Maintenance Program did not get
more funding under the BIL. Roads are critical infrastructure on our
large Reservation. Without adequate funding for road infrastructure and
maintenance our youth cannot get to school, we cannot support economic
development, and providing government services is made even more
difficult. Safe and secure roads are also vital to protect the life and
safety of our Reservation community.
Our Tribe was devastated in 2019 when a long-standing and
unfulfilled road maintenance need led to injuries and the loss of life
on our Reservation. After years on our priority list for BIA's Roads
Maintenance Program, a 30 to 40 foot section of a BIA road on our
Reservation collapsed from a washed out culvert. This left a 60 to 70
foot deep drop to a creek below the road.
This heavily traveled road is an important commuting route for
workers on our Reservation. In the dark morning hours, the wash out was
not visible to commuters traveling to work. We lost a nurse who was on
her way to work at our hospital and a United States Postal Worker that
served the Reservation. Two Tribal members were also seriously injured
when their vehicles plummeted into the creek. The Administration must
provide the funding needed to address these critical infrastructure
needs.
In FY 2022, the Administration requested just $37.4 million in
funding for the BIA Road Maintenance Program. This is not nearly
enough. Many of the roads and bridges within the BIA system are in fair
to failing conditions and have safety deficiencies. Only about 16
percent of BIA roads have sufficient maintenance to be classified as
acceptable in terms of surface condition. And, only 62 percent of the
BIA bridges are classified as acceptable based on the BIA Service Level
Index.
Due to the unmet needs in BIA's Road Maintenance Program, the Tribe
must divert Tribal Transportation design and construction funds to
supplement BIA funding for routine and emergency maintenance. As a
result, we have fewer funds to plan or build new roads and bridges,
undertake a safety improvement project, or perform environmental
studies.
There are approximately 500 miles of BIA roads on our Reservation
that need critical rehabilitation and replacement. We also need funding
to address rain, snow, and ice on BIA roads that causes treacherous and
impassable conditions. Snow and ice removal can consume up to 65
percent of our annual budget each winter. Road conditions on our
Reservation impact almost every aspect of our lives. We even have
increased maintenance costs for law enforcement vehicles and school
buses due to poor road conditions on our Reservation.
Finally, distribution of the $270 million provided for BIA's Road
Maintenance Program was not discussed during the consultation sessions.
This funding should go where it is needed most. Roads are critical
infrastructure on our large land base Reservation. We need this funding
to get our youth to school, promote economic development, and provide
governmental services.
Tribal Justice Center
Funding for tribal justice centers should have been a top priority
in the BIL. We need law enforcement infrastructure funding to provide
safety and security on our Reservation. This includes funding for
tribal courts, detention centers, and treatment centers. Without
investments in this basic infrastructure, we are not able to provide
the justice services that our communities and members deserve.
The Bureau of Indian Affairs-Office of Justice Services (BIA-OJS)
operates an outdated 48-bed adult detention center for male and female
inmates in Fort Yates on our Reservation. The detention center was
built in the 1960s and has long outlived its utility. Detainees need
facilities that will promote restitution and prepare them for return to
our communities.
The population in the BIA-OJS detention center is frequently two to
three times above the rated bed capacity. To alleviate jail crowding,
BIA-OJS contracts bed space for long-term adult inmates in a facility
that is a 772-mile round trip from the Reservation. In addition, our
Tribal Court is often forced to release prisoners early to alleviate
crowding to make room for more prisoners.
The Tribal Court system receives a small BIA allocation that is
heavily subsidized by the Tribe. Our Tribal Courts are crowded, even
when spread across three separate buildings. The main courthouse, which
is located in the same dilapidated building as the BIA-OJS detention
center, outgrew its ability to meet our needs years ago. The lack of
space severely limits our ability to adequately handle the Tribal Court
caseload of 2,000 to 3,000 cases per year.
Finally, investments in law enforcement infrastructure must be
backed up by the human infrastructure needed to keep our communities
safe. This includes adequate law enforcement staffing, judges,
prosecutors, and law enforcement equipment including the patrol cars
needed to patrol our large Reservation. Currently we have 10 police
officers for about 10,000 Reservation residents. In contrast,
Washington, D.C. has 65 officers for every 10,000 residents. Providing
safe tribal communities is an important federal responsibility and has
been under funded for far too long.
Tribal Education Infrastructure
We are also concerned about the lack of funding to improve and
expand Bureau of Indian Education (BIE) infrastructure. Providing our
youth with positive places to learn and grow is a top priority of the
Tribe. In addition, school transportation is a challenge for large land
base tribes. BIE should consider building dormitories to serve our
large schools. Dormitories would provide safe environments for at-risk
children to ensure an increase in successful graduation rates.
We need a new school for our Rock Creek District. This is our
school located in valley of the Hunkpapa which is Sitting Bull's home.
The school is the heart of the community, but it is very remote. They
have no store or gas station. The nearest grocery store 25 miles away.
It is very remote.
Enrollment is down because of the condition of the school. The
school is currently in 2 sections. A portion of the school is over 100
years old and the other is 40 years old. Basically nothing works. An
assessment was done, but there was never any follow up. Our youth
deserve better and DOI should commit infrastructure funding to fulfill
the dire needs at our BIE schools.
Conclusion
The funding provided in the BIL will fulfill important
infrastructure needs on our Reservation. In particular, we hope to
complete our Rural Water System and make necessary repairs and upgrade.
We ask that DOI take every possible action to ensure that funding
provided under the BIL for national programs is directed to fulfill
tribal projects. The Federal government must use this funding to
fulfill its solemn treaty and trust responsibilities.
We also ask that DOI work to make additional funding available to
meet basic infrastructure needs on our large land base Reservation.
After decades of chronic under funding we lack the healthcare
facilities, schools, roads, and law enforcement facilities needed to
provide for our members and communities. Funding this critical
infrastructure will help us to provide safe and secure communities
while also creating economic opportunities for our members.
Mr. Johnson of South Dakota. Very good. Thank you. Now in
this letter, they talk about--we have got the bipartisan
infrastructure bill that passed. It has got so much money. But
despite that fact, they note that they didn't feel like the
dollars were particularly well-tailored toward Indian Country.
And that might well be because the process that the
infrastructure package came together underneath was unusual.
Particularly on the House side, maybe not as collaborative or
as bipartisan as we would have liked. But I think we still have
an opportunity, through the implementation, to make sure that
the interests of Indian Country are well taken care of. And I
will note in this letter they do specifically mention water
priorities as something that will likely not be adequately
addressed through that legislation alone.
And to that end, Chairman Yucupicio, you recommended the
Army Corps develop a plan for Tribal engagement on
environmental infrastructure. And then Chairman Seki, you
recommended that the Corps, for each of their districts, have a
Tribal liaison. And so, I would want you each to take 1 minute
to kind of describe to the committee some of the frustrations
you might have had from a communication perspective in dealing
with the Federal Government.
Mr. Yucupicio. OK. The Pascua Yaqui Tribe, yes, we have had
very, very few dialogues and visits here on the reservation.
And as you know, with climate change and the drought, the
Arizona drought and all of those problems that we are facing
now in Arizona, it is critical, it is super critical to have
the commitment of the Army Corps and everybody else here to
look at the issues here with our reservation here being as dry
as it is. And we are depending on the city of Tucson.
And they are having all kinds of problems with trying to
provide water to an ever-growing city. But for us, I think it
is very critical on all the Tribes that live in the dry desert,
like we do, to have that relationship and that communication
and an open door, to be able to communicate with each other and
they can really, really visit us and come here. And I think
that is part of the issue is just initiating that dialogue, and
the true, meaningful relationship with the Army Corps.
Mr. Johnson of South Dakota. Sir, I think that is very well
said. And, clearly, we will do a better job, as one America at
targeting those dollars if we have a fuller, deeper, and more
accurate understanding of your needs; right, sir?
Mr. Yucupicio. Absolutely. When you start looking at our
allotment and our relationship with the city of Tucson, it is
climbing and climbing, and the needs keep getting bigger and
bigger for the city. And for us it just keeps shrinking and
shrinking. So, we must find alternative ways and waterways and
resources in how to limit our usage, use more of the tap water
district allotment, and all that stuff.
So, we are working on all kinds of different ways to be
able to provide water for now and in the future for us. It
wasn't a congressional bill actually when we got recognized to
have land and water that was a priority. But to this day, we
don't have anything like that yet set up.
So, I really thank you, and I thank the committee for
listening to us, because when you start looking at the growth
of this Nation, the Pascua Yaqui Tribe, then we are super
limited here in this corridor.
Mr. Johnson of South Dakota. Yes, thank you, Mr. Chairman.
Let's get Chairman Seki in a little bit. Sir, what are your
thoughts?
Mr. Seki. Thank you, Representative Johnson, for your
question. We have great difficulty in navigating the various
regulatory and reporting requirements that Federal agencies
place upon us in our efforts to improve our resources and
infrastructure. It is not just an Army Corps problem. As an
underserved community, we don't have the capacity to manage all
of Federal hurdles placed on us. The pandemic and the Federal
response of burdensome grants and more regulations has only
worsened things for us. Red Lake is a leader in Indian Country,
but we struggle on a daily basis to keep up to date with new
funding opportunities, reporting requirements, and the status
of environmental permit applications.
The Army Corps permitting process is burdensome and time-
consuming, and the process gets stalled, leading to needless
project delays. A Tribal liaison in each region, one who is
dedicated solely in working with Tribes, could assist in
resolving permitting issues, increase accountability. But there
also needs to be change at the national level to reduce
regulatory and reporting burdens. And I hope my testimony today
can raise awareness of this need. [Speaking Native language.]
Mr. Johnson of South Dakota. Thank you, Mr. Chairman. And
thank you, Madam Chairman. I yield back.
Mrs. Napolitano. Thank you sir. Mr. Stanton followed by Mr.
Cohen, and then Mr. Huffman. Mr. Stanton, you are recognized.
Mr. Stanton. Thank you very much, Madam Chair. My questions
start with Chairman Yucupicio. Thank you again for sharing your
Tribe's experience as the first recipient in our State and the
first Tribal recipient of funds through Arizona's environmental
infrastructure authority. Chairman, how long has the Tribe been
working on this important water distribution line?
Mr. Yucupicio. It has been about 20, 30 years. But if you
realistically look at, you know, once we came to the
reservation, these lands here, you know, the first struggle
was, how do we provide water? We then provided these big old
tanks that look like oil wells in fields like that. Little did
we know that there were not caps on top, and there were
actually flying birds and stuff that were dead in there. And
that was the drinking water provided at that time here. So,
there was nothing around here in the desert.
We then tapped into what the city water line was, and even
then you start thinking about how much and how are we going to
grow some day if this is our reservation? And it is being
provided by the city, but it is not enough.
And when I start looking at, you know, once this funding
came--and we thank you for it--and we thank everybody that was
responsible for it, I truly look forward to minimizing some of
the drinking potable water from the city of Tucson and using
our allotment to make sure that we can provide good healthy
ballfields for our elder, our youth, and everybody else, and
our health divisions.
Diabetes and everything else and now COVID being like that,
it is a hard thing to deal with right now when you start
thinking of the water and getting water to them in their homes
and everything else. So, for us, it is a must.
And we thank you very, very much for being a first Tribe
and making sure that we can alternate and use our----
Mr. Stanton. Twenty to thirty years, and now we are able to
actually start construction on it. It is so important for the
people of your community and for the entire State of Arizona.
Your testimony highlights two key issues that could pose
barriers for other Tribes to participate in the environmental
infrastructure authority. Cost share and the requirement that
recipients pay for project costs upfront before getting
reimbursed by the Corps. My office has heard similar concerns
from smaller and more rural communities.
Can you talk a little bit more about the importance of
adding that flexibility to the environmental infrastructure
program to ensure that small, rural, and Tribal communities
with limited resources are not precluded from participating in
this authority?
Mr. Yucupicio. Yes. And the funding--the issue on--our
Tribes--Tribes don't have the funding to be able to cover the
25 percent, and even more. There are hidden costs and
everything else once we start doing the budget. And I think the
more and more when we look at a bigger part of the alternative
funding sources, Federal, and everything else that can be used,
that is what Tribes really need. They would have to take away
like us things to educate, things for some of our housing
needs, and all that stuff to use some of that funding and find
Federal funding. I think that is where the key is in there is
more funding to get these projects underway so we can conserve
and conserve the water that is really, really sacred and needed
here in the Southwest for all Tribes.
Mr. Stanton. That is good. And I am an urban Congress
Member, but I know that success of our Tribal communities are
important for the entire State of Arizona. So, that partnership
is incredibly important.
I have a question for Ms. Hill-Gabriel. Given the impacts
of drought and wildfire to Western water supplies, including
Army Corps facilities, what are the opportunities or barriers
to the Corps utilizing natural infrastructure and nature-based
solutions to address these water challenges?
Ms. Hill-Gabriel. Thank you for the question, Congressman
Stanton. I think it is excellent, first off, how much
discussion is taking place in understanding what the Corps can
do more in addressing water scarcity issues in the West. I
think we are already seeing progress on what have previously
been barriers, which is really just interagency coordination,
either at the Federal level, but also incorporating State and
local entities.
But as progress on that front becomes more clear, it is
going to be important to support efforts to ensure that the
Corps has the necessary authorities to fully analyze the
opportunities they have, like restoring wetlands upstream of
water storage facilities, and things of that nature, and other
natural infrastructure options. And we would love to see the
advancement of pilot projects that can demonstrate some of
these benefits of natural infrastructure in the West.
Lieutenant General Spellmon had testified back in January
that there are additional research needs in this field. So, I
think it is something that is going to be really helpful for us
all to dig into together.
Mr. Stanton. Thank you so much. My time is up. I yield
back.
Mrs. Napolitano. Thank you, Mr. Stanton.
The order has been changed to Miss Gonzalez-Colon, then
Cohen, and Mr. Huffman. Miss Gonzalez-Colon, you are
recognized.
[No answer.]
Mrs. Napolitano. Jenniffer Gonzalez-Colon?
[No answer.]
Mrs. Napolitano. Gone? OK. Mr. Cohen, you are recognized,
sir.
Mr. Cohen. Thank you, Madam Chair. And thank you for
calling this hearing. This is an important hearing, as we look
forward to our next WRDA bill. In our last WRDA bill 2020, I
was proud to sponsor provisions that were included to update
the Army Corps' environmental justice priorities to promote
meaningful involvement of minority and low-income communities
in the formulation of future projects.
We had a pipeline here in Memphis, the Byhalia pipeline
that proposed an oil pipeline in predominantly minority
communities, and it was a heroic effort that led to their
decision to not go forth with the pipeline because it went
straight through the minority community's low-income, less
powerful communities rather than others where it could have
gone.
So, just the impact at several predominantly Black
neighborhoods--and that is the concern that I have and continue
to have. The 45-mile pipeline would have cut through the
historic Boxtown community, which got its name after formerly
enslaved people used scraps of material and wood from train
boxes to build homes there in the late 19th century. People are
still there in Boxtown and proud of Boxtown. It is a poor
community.
In addition to the company choosing a location because it
was the ``point of least resistance''--a pretty audacious,
upfront statement--they either overlooked or ignored the fact
that the Southwest Memphis community is already burdened by
other industrialized facilities and possesses community cancer
rates four times the national average. We have got an oil plant
down there, and they spew out fumes and TVA did a lot of that,
too.
The pipeline was killed due to historic grassroots effort,
but that is not always the case. It was alarming to see this
happen, and the community get involved to take advantage and to
be successful. And we also had help from Vice President Gore,
and others.
Because of this incident, I resolved to try to reform the
nationwide permit process that gave them that opportunity, but
also to work to ensure environmental justice issues are
centered properly.
Ms. Hill-Gabriel, in 2020 WRDA, Congress made some progress
in directing the Corps to improve the agency's engagement and
consultation with economically disadvantaged minority
communities and Tribal communities. However, it didn't go far
enough, I think. How can we build upon the progress of WRDA
2020 to improve how the Corps implements work with
environmental justice in Tribal communities?
Ms. Hill-Gabriel. Thank you, Congressman Cohen, especially
for your leadership and passion of these issues. I agree that
good progress was made in WRDA 2020, but that much more remains
to be done to improve the Corps' work with disadvantaged
communities and Tribes.
It was great to hear Assistant Secretary Connor focused on
the Biden administration's Justice40 initiative and the
emphasis on working and supporting and ensuring, you know, or
analyzing the impacts of disadvantaged communities and
underserved communities when he testified before the committee
back in January.
But I think that ensuring that systems and programs are in
place to assist the communities with their water resources
challenges who may not otherwise have the technical capacity to
identify the project needs, is another place that we can move
forward in addition to making sure that the past provisions
that were in WRDA 2020 are actually being carried out.
So, I thank you, again, for your focus on this issue and
hope we can work together to keep making sure that this is a
central focus of WRDA 2022.
Mr. Cohen. Well, thank you, and your work at the Audubon
Society, and all that you all do. I am pleased to work with you
and work on these projects. And I am going to continue to move
forward.
In WRDA 2022, I have some additions that I would like to
see considered in increasing opportunities for assistance by
expanding the 10 community pilot programs for economically
disadvantaged communities, to increase capacity and expertise
within the Army Corps by establishing a new position of senior
adviser for environmental justice within the Office of the
Chief of Engineers. They need that. They need somebody that
will tell them about environmental justice, because right now
they kind of gloss over or don't have a charge.
We need to establish a Federal advisory committee on
environmental justice to better advise the Corps on these
activities and actions that can be taken to ensure more
equitable delivery of services and projects. And we need to
incorporate toxic remediation and ecological restoration,
navigation, and flood resiliency projects.
And last but not least, we need to support minority-owned
businesses by directing the Corps to increase collaboration in
contracting and subcontracting of minority-owned businesses, to
improve gender-based and race-based outcomes.
The Mississippi River, which provides drinking water to
over 20 million Americans, and the watershed covers 40 percent
of the continental United States and has suffered from
excessive pollution, invasive species, wetlands loss and
destruction, and extreme storm events exacerbated by climate
change.
While the Army Corps has the upper Mississippi River
restoration project, I believe Congress should take bold action
and champion the transformation, sustainability, and resilience
of the most important working river in the world.
I think my time has expired, but if anybody wants to just
comment on that, the Mississippi River corridor is most
important, and we need to have something similar to the Great
Lakes restoration to protect it.
Thank you, and I look forward to working with members of
the committee and the panelists on these issues.
Mrs. Napolitano. Thank you, Mr. Cohen. Miss Gonzalez-Colon,
you are recognized.
Miss Gonzalez-Colon. Thank you, Madam Chair, and all the
witnesses, and the ranking member for holding this hearing, and
to all the witnesses for sharing their experiences and needs
with us. In that sense, as I said, during the last hearing, the
Corps of Engineers projects have been critical resources I have
counted on for Puerto Rico. And in the past few years in the
face of disasters, unprecedented levels of funding were
provided that enabled us to address projects that have been
pending for decades.
But there are still great needs and not just in Puerto
Rico--the rest of the Nation. But just to give you an example
of how important those water projects are: Just this weekend,
rains of over 15 inches have caused widespread flooding across
the island. This emphasized the need for regular programs to
address these risks to be kept up to date, to proceed promptly,
and not to have to need a disaster supplemental to get started.
Every time WRDA comes around, I support the increase to the
project limits of sections 205, 208, and 14 continuous
authority program. Because as time passes, increasing costs of
labor and materials makes projects that our community needs
exceed the maximum funding available. And that is one of the
biggest problems, I assume it is not just Puerto Rico, it is
the rest of the Nation.
Just recently under the Infrastructure Investment and Jobs
Act, the Corps of Engineers has announced the go-ahead of
construction in the case of the island of the ecosystem
restoration of Cano Martin Pena for environmental balance,
security of infrastructure, and justice for communities.
The San Juan Harbor Navigation Channel is strategically
essential to keep open the major port of Puerto Rico as well.
The flood control [speaking foreign language]. We have also
seen recent attention. There is a study starting investigation
for the extension by a further 3 years of the Puerto Rico
coastal risk study to consider more environmentally friendly
protection measures. And the flood control study in
[inaudible], a very vulnerable community that is at the
historic landfall point for the hurricanes.
But, again, there are still many pending major projects
that have finished feasibility studies and Chief's Reports from
the Army Corps. And with authorizations and the provisions,
such as the Guanajibo flood protection project, to protect that
entire town, that has been affected severely by multiple
natural disasters.
The San Juan Metro Bay coastal protection project that will
combine structural and nonstructural measures to combat erosion
and flooding around the area. Also, there is a need for
attention and studies for such things as reauthorization
projects where conditions, requirements, and costs have
changed. And this is something that is happening with
inflation, and many other issues.
But in the case of Puerto Rico, there are changes on the
cost affected in Guanajibo [Spanish names] and pending section
205 studies like [Spanish names] just to mention a few.
The Federal assumption of maintenance of the Port of
[Spanish name], an important fuel terminal that was originally
privately owned, and many others across the island. And so,
hearing today many of the witnesses is just an example of all
the important areas that need to be addressed. This is not the
first hearing we've had regarding water resources and water
projects.
And I hope we can work together as we did in the
infrastructure package to make it happen. Thank you, Madam
Chair, and I yield back.
Mrs. Napolitano. Thank you, Miss Gonzalez-Colon. Thank you
for your comments. And now we turn to Mr. Huffman, you are
recognized.
Mr. Huffman. Thank you very much, Madam Chair, for this
hearing. And I would like to begin with Mr. Crowfoot. Mr.
Crowfoot, I want to follow up on the exchange that you had
earlier with my colleague from the Sacramento Valley.
Dredging, of course, is a priority for all of us in our
districts, but how we do it really matters, especially in
sensitive habitats. And too often over the years, I have heard
people talk about the ESA and CESA as if they are just a
nuisance standing in the way of doing things. Usually the same
kind of things that have wrecked the delta ecosystem and driven
species like the longfin and delta smelt to the brink of
extinction, along with our iconic salmon and steelhead runs.
So, I know that in this case, the Army Corps' own findings
show that their hydraulic dredging practices in these areas
were having significant adverse impacts on the delta smelt and
the longfin smelt. That is why they were sued. And nobody has
argued they should not dredge. This is simply a question of how
they do it and whether they use the latest technology to reduce
fish mortality.
So, I want to just see if you agree with me on that. I want
to give you a chance to clarify that that previous exchange
with my colleague did not reflect the, unfortunately, all too
familiar antipathy we sometimes hear towards the Endangered
Species Act and CESA.
Mr. Crowfoot. Thanks so much, Congressman. Yeah, let me
emphasize that we need to manage our rivers and our waterways
both for economic activity and environmental quality. And we
can and must do both. So, I think we share the same goal which
is to enable appropriate dredging in a way that doesn't damage
or clearly make extinct fish species.
Mr. Huffman. Thank you for that. Another thing we would
probably agree on is that there is plenty of dredge material to
use for levees and for wetland restoration all over the bay
area and in the delta if we just do a better job on beneficial
reuse. I know that the Petaluma River in my district is a great
example. It was finally dredged a little over a year ago after
not being dredged since 2003. And the dredge spoils were used
in a nearby park in wetland restoration. A lot of that could be
used in other parts of the Petaluma Marsh and in all sorts of
other opportunities. We have got to raise Highway 37, and there
is going to be an enormous need for beneficial reuse so that we
can use natural solutions to provide all sorts of priorities.
So, amazingly, in the year 2022, the Army Corps still hauls
huge volumes of this valuable material out to sea and just
dumps it in the ocean. Would you agree that we could do much
better by the environment and by the natural solutions we need
for sea level rise and flood protection and other priorities if
we could find a way to beneficially reuse all of this material
and put it to work for those priorities?
Mr. Crowfoot. Absolutely. We clearly need to build our
climate resilience within the San Francisco Bay and our
wetlands and on our rivers. And this dredge material is
beneficial and, in fact, very important. So, from my
perspective, we need to help the Corps update the approach that
they use to actually utilize this material to build the
resilience of both our natural systems and protecting our
community.
Mr. Huffman. Thank you. In the time I have left, I want to
ask a question of Mr. Seki. I was really pleased to hear your
testimony about how the Red Lake Band of Chippewa has worked
with the Army Corps of Engineers, something that hasn't always
happened in years past. That they appear to be engaging in good
faith, Government-to-Government consultations with your Tribe.
We have an opportunity to do something like that in the
northern part of my district. Redwood Creek is a really
valuable estuary where we need to do a levee setback and some
other restoration. And, certainly, the local Tribes in that
area want to be partners.
Do you have any advice for us as we begin to try to forge
the kind of partnership that you seem to have developed in your
region?
Mr. Seki. Thank you for your question. What we're doing,
with the activities proposed, up to 25,000 acres of marsh will
be restored, and water fowl and furbearers will return.
Seasonal migrations of many fish species will be restored,
including walleye and lake sturgeon. Our sturgeon were
important to us for centuries, but they were lost after the dam
was built. We are bringing the sturgeon back, but restoring the
connection between the river and the lake is critical. We still
practice a subsistence lifestyle at Red Lake, and all of these
species are important to us. Our reservation is blessed with
natural resources, and not by accident. It is a result of
strong leadership, forethought of our ancestors, and strong
conservation stewardship. This is what we are doing.
Mr. Huffman. Well, congratulations on your success there,
and I hope to learn more about it and maybe replicate some of
it in the northern part of my district. Madam Chair, thank you
for this hearing, and I yield back.
Mrs. Napolitano. Thank you, Mr. Huffman. And that was the
last of our questioners.
In closing, I ask unanimous consent that the record of
today's hearing remain open until such time as our witnesses
have provided answers to any questions that may be submitted to
them in writing.
And I also ask unanimous consent that the record remain
open for 15 days for additional comments and for information
submitted by Members or witnesses to be included in the record
of today's hearing.
Without objection, so ordered.
I would also like to thank all our great witnesses,
especially the Tribal chairmen, for the testimony today. And I
also thank our Members for their participation. If no other
Members have anything to add, the committee stands adjourned.
[Whereupon, at 1:28 p.m., the subcommittee was adjourned.]
Submissions for the Record
----------
Prepared Statement of Hon. Sam Graves, a Representative in Congress
from the State of Missouri, and Ranking Member, Committee on
Transportation and Infrastructure
Thank you, Chair Napolitano, and thank you to our witnesses for
being here today.
This is our second hearing of the year in preparation for the
Committee writing and passing our fifth consecutive bipartisan Water
Resources Development Act (or WRDA) since 2014.
I look forward to continuing to build upon the important work our
Committee has done in the last four WRDA bills.
Ensuring effective and reliable water infrastructure is vital to
American families, businesses, farms, and the economic development of
our country.
My district is bordered by two of the longest rivers in the United
States--the Missouri and the Mississippi.
These Rivers provide millions of Americans with water, provide
thousands of farmers with irrigation for their farmland, and provide an
extremely efficient and reliable way to move goods in and out of
America's heartland.
That's why a major priority of mine is ensuring our river
navigation infrastructure on the Mississippi, Missouri, and the rest of
our nation's waterways gets the investment it desperately needs.
In addition, we must prioritize flood control.
A little too much rainfall, and too little focus on flood control,
can lead to disastrous results for people who live and work along our
nation's waterways.
We learned that lesson again the hard way in 2019 when flooding
along the Missouri River devastated communities from Nebraska clear
down through to St. Louis.
I have long been concerned that current river management practices
prioritize fish and wildlife over the protection of people and
property.
And that's led to many of our tax dollars being wasted on
supersized science experiments instead of being responsibly invested in
restoring levees and increasing flood resilience.
Addressing that will be a top priority of mine throughout the
development of WRDA 2022.
Thank you, Chair Napolitano. I yield back.
Post-Hearing Supplement From Witness Hon. Darrell G. Seki, Sr. to His
Remarks to Hon. Dusty Johnson, Hon. Jared Huffman, and Hon. Grace F.
Napolitano, and to His Prepared Statement, Submitted for the Record by
Hon. Grace F. Napolitano
February 22, 2022.
The Honorable Peter DeFazio,
Chairman,
Committee on Transportation and Infrastructure, U.S. House of
Representatives, Washington, DC 20515.
The Honorable Grace Napolitano,
Chairwoman,
Subcommittee on Water Resources and Environment, U.S. House of
Representatives, Washington, DC 20515.
The Honorable David Rouzer,
Ranking Member,
Subcommittee on Water Resources and Environment, U.S. House of
Representatives, Washington, DC 20515.
Dear Chairman DeFazio, Chairwoman Napolitano, and Ranking Member
Rouzer,
Chi miigwetch (thank you) again for holding the February 8, 2022
hearing entitled, ``Proposals for a Water Resources Development Act of
2022: Stakeholder Priorities.'' We greatly appreciate your inclusion of
tribal governments to express their priorities and ways Congress can
force the Army Corps of Engineers (Army Corps) to be a better partner
in Indian Country. In response to several questions posed by
Subcommittee members in the hearing, Red Lake respectfully submits this
letter with additional information for the record.
The Army Corps Routinely Fails to Properly Engage and Communicate
with Indian Country. Representative Dusty Johnson (R-SD) said he had
heard that some provisions of the Bipartisan Infrastructure Law (BIL)
are not tailored toward the needs of Indian Country--more specifically,
that certain tribes, like the Standing Rock Sioux Tribe, would not be
able to address their water priorities.
During the hearing, Red Lake Chairman Darrell Seki Sr. was asked to
discuss how the lack of clear communication and meaningful engagement
with tribes has, perhaps, influenced the omission of meaningful tribal
priorities in the BIL. Chairman Seki responded: ``We have great
difficulty in navigating the various regulatory and reporting
requirements that federal agencies place upon us in our efforts to
improve our resources and infrastructure, it's not just an Army Corps
problem. As an underserved community, we do not have the capacity to
manage all of the federal hurdles placed on us. The pandemic, and the
federal response of burdensome grants and more regulations, has only
worsened things for us. Red Lake is a leader in Indian Country, but we
struggle on a daily basis to keep up to date with new funding
opportunities, reporting requirements, and the status of environmental
permit applications. The Army Corps permitting process is burdensome
and time consuming, and the process gets stalled, leading to needless
project delays.''
Chairman Seki would like to add the following to his statement:
``In regard to frustrations from a communication perspective, the Red
Lake Nation would like to provide an example that illustrates this
issue further. In 1995, the Army Corps conducted an Environmental
Assessment (EA) of proposed changes to its operations manual for the
dam at the outlet of Red Lake, the primary water resource of the Red
Lake Nation. The Army Corps proposed several changes that the Red Lake
government felt was detrimental to the Tribe's interests. Nonetheless,
the Army Corps issued a draft Finding of No Significant Impact (FONSI)
for the project, and indicated it would sign the FONSI if no
substantive comments were received by the end of the comment period (as
required under the National Environmental Policy Act--NEPA). Despite
the Red Lake Nation's very reasonable request to the Army Corps
District Engineer for additional time to comment on the EA--requested
due to what the Tribe felt was the Corps' incomplete evaluation of
alternatives and failure to adequately address the Tribe's expressed
concerns--our request was only begrudgingly granted. The District
Engineer told us that he would `reluctantly' grant the Tribe's request
for additional time to comment, after which he said: ``I intend to
finalize the EA, complete the manual update, and sign the FONSI.'' In
essence, we were told that while our request for additional time was
granted, our comments would not affect his decision to sign the FONSI
regardless of what they were--a direct violation of NEPA and an insult
to the Red Lake Nation as a sovereign to which the federal government
has a trust responsibility for. On top of this, the FONSI made no
mention of coordinating efforts with the Red Lake Nation, even though
the project was on Red Lake land and affected Red Lake Nation
resources. However, it did mention that ``operation of the project will
continue to be coordinated with appropriate State and Federal
agencies.'' While Red Lake is open to working with federal partners on
issues affecting our lands, waters, and resources, as stated in my
testimony, the example above illustrates that time and time again, the
Army Corps has failed to respectfully communicate with us on matters
that affect us.''
Forging a New Path Forward with the Army Corps. Representative
Jared Huffman (D-CA) asked Chairman Seki: ``I was pleased to hear how
Red Lake worked with the Corps, something that hasn't always happened,
and they appear to be negotiating in good faith, government-to-
government consultation. We have an opportunity to do something like
that in the northern part of my district, Redwood Creek Estuary
restoration. Local tribes in the area want to be partners. Do you have
any advice for us as we begin to forge the kind of partnership you seem
to have developed?'' Chairman Seki responded: ``What we're doing, with
the activities proposed, up to 25,000 acres of marsh will be restored,
and waterfowl and furbearers will return. Seasonal migrations of many
fish species will be restored, including walleye and lake sturgeon. Our
sturgeon were important to us for centuries, but they were lost after
the dam was built. We are bringing the sturgeon back, but restoring the
connection between the river and the lake is critical. We still
practice a subsistence lifestyle at Red Lake, and all of these species
are important to us. Our reservation is blessed with natural resources,
and not by accident. It is a result of strong leadership, forethought
of our ancestors, and strong conservation stewardship.''
Chairman Seki would like to add, ``Because leadership at the Army
Corps changes regularly it has been very important that our technical
staff have built relationships and continued outreach with the Army
Corps technical staff. Without a designated tribal liaison it has been
difficult to keep the Army Corps engaged. Regular communication with
incoming leadership can keep the ball rolling, but will not be enough
without staff on both sides being engaged.
And specifically to your point of engaging with tribes in your
district, we might suggest the following, which is based on actual
events that we undertook a number of years ago in an effort to improve
relations with the Army Corps. You could facilitate a meeting to
discuss the strengthening of the estuary restoration effort to include
all of the affected tribes, and the other key partners. One of those
tribes will be happy to host the meeting in their community. In
addition to yourself and other relevant stakeholders, the leader of
each tribe would be invited, and from the Corps, you would help secure
the attendance of the Army Corps District Commander, Deputy District
Commander, and Deputy District Engineer. The different leadership would
include their staff as well. The meeting would be held in government to
government fashion, where everyone can express what's important to them
and what they can bring to the table, and what the next steps should
be. Another reason why it's important to have the meeting on tribal
land, there is likely to be a very good meal provided. The importance
of this should not be underestimated. At the similar meeting we hosted,
it was the Corps District Commander's first visit to Indian Country,
and he was so impressed with the meal that was served, he honored the
actions of the cook with a Challenge Coin. The relations between Red
Lake and this Commander remained very good until his departure from the
District.''
Red Lake's Recommended Changes to Improve Partnership with the Army
Corps. Chairwoman Grace Napolitano (D-CA) commented: ``Pascua Yaqui and
Red Lake, you're part of the conversation to improve the partnership
between the Corps and tribes in addressing historic needs, you made
valuable suggestions on improving partnerships, including appointing
tribal liaisons in Corps districts, as well as addressing the inability
of many tribes to be able to financially partner with the Corps. Can
you summarize key changes you would recommend to improve partnership
with the Army Corps?'' As time was short, Chairman Seki responded:
``That is a great question. I don't have those exact details at this
moment but I'd be more than happy to circle back with your office
following the hearing.''
In his written testimony, Chairman Seki urged the Army Corps to
utilize tribal liaisons to improve its communication and overall
working relationships with Indian Country as well as reducing
regulatory and reporting barriers, ``A tribal liaison in each region,
one who is dedicated solely to working with tribes, could assist in
resolving permitting issues, and increase accountability. But there
also needs to be change at the national level to reduce regulatory and
reporting burdens, and I hope my testimony today can raise awareness of
this need.'' Additionally, Chairman Seki would like to add:
``Three key changes to improve partnership with the Army Corps
includes:
1. The Army Corp Should Hire Tribal Liaisons. Dedicated Tribal
liaisons in each District would be critical to helping tribal staff
navigate the giant organization that is the Army Corps. This position
could also keep Indian Country abreast of any current activities being
conducted cooperatively between the Army Corps and tribes to ensure
deadlines are met, momentum is maintained, and projects are completed
on time. This could apply to permitting, projects, grants, or any other
cooperative activity.
Additionally, Tribal liaisons should be hired as full time
positions and be required to have expertise in working with Tribes in
its given region. Currently, many federal agencies utilize a practice
of assigning the role of `tribal liaison' to an existing federal
employee who already has a full slate of job duties. Their role as
tribal liaison is usually just an honorary title that serves only to
comply with departmental regulations or existing Executive Orders on
consultation. However, when someone is able to fully commit to the job,
Indian Country sees meaningful results. For example, the U.S. Fish and
Wildlife Service (FWS) used to employ a dedicated tribal liaison in our
region who maintained regular contact with the Red Lake Nation,
including attending onsite meetings and providing direct technical
assistance to tribal programs and staff. After his retirement, the FWS
underwent a re-organization and a decision was made to transfer the
tribal liaison duties to another FWS employee whose actual job was as a
Wildlife Refuge Manager. While this new liaison does continue to email
tribal contacts with information of interest, direct engagement with
the Red Lake Nation has suffered because the employee's primary
priority is his duties as refuge manager.
In regard to the Army Corps efforts in working with tribes,
there is great confusion about who is tasked with being the designated
liaison for our region. On the Army Corp's Tribal Nations Homepage,
there is a link to the ``Army Corps Tribal Liaisons Directory,'' but
the link is dead. We understand that there is an employee in the
Regulatory Division in the St. Paul District that is identified as a
tribal liaison for regulatory matters. However, the Army Corps is a
much broader agency than just regulatory matters. A dedicated, single
point-of-contact liaison serving the greater range of Army Corps
functions would better serve the intended role of such a liaison (e.g.
maintaining contact, providing technical assistance, informing the
tribe of changes, etc.) and would go far in re-building the trust
between tribes and the Army Corps that has eroded over the years.
2. The Army Corps Must Review its Policies as it Relates to Tribal
Consultation and Disclosing Impacts on Tribal Communities.
Additionally, Red Lake encourages the Army Corps to revisit its
existing policies with respect to consultation on all aspects of Army
Corps activities that affect tribal land and resources as well as its
failure to sufficiently analyze and failure to disclose the significant
potential environmental and human impacts for projects such as the
Dakota Access Pipeline, which poses a significant threat to the well-
being of Great Plains tribes. The Army Corps must recommit to the
tribal consultation and environmental review processes to ensure that
it can truly carry out projects in an economically and environmentally
responsible manner and Congress must hold them accountable.
3. The Army Corps Should End its Practice of Rotating Out the
District Command Every Few Years. Red Lake believes this practice is
hard on tribes, especially if they have long term projects with the
Corps like we do. Every few years tribes must educate the new District
Command on the history of project activities and problems associated
with them. And then when progress resumes, the District Command rotates
out again, and we're back to square one. Imagine the loss of
institutional knowledge and progress in Congress, if each member were
limited to one term.''
Miigwetch (thank you) for taking the time to consider the
priorities of Indian Country as you prepare for the 2022 WRDA package.
We look forward to working with you to hold the Army Corps accountable
for its work on tribal lands and paving a new pathway forward which
leads to enhanced communication and partnership between the Army Corps
and Indian Country.
Sincerely,
Darrell G. Seki, Sr.,
Tribal Chairman, Red Lake Band of Chippewa Indians.
cc: Representative Jared Huffman (D-CA)
Representative Dusty Johnson (R-SD)
Appendix
----------
Question from Hon. John Katko to Hon. Wade Crowfoot, Secretary,
California Natural Resources Agency
Question 1. Unfortunately, despite the strong connection between
maintaining our nation's water infrastructure and strengthening
recreational boating economies, benefit cost ratio (BCR) calculations
conducted by USACE and OMB fail to account for the benefits of
recreation when prioritizing HMTF projects. In failing to consider the
full range of costs and benefits when undertaking maintenance and
dredging projects, USACE and OMB significantly disadvantage recreation-
based ports, as well as harbors and marinas that host both commercial
and recreational activities.
With coastal communities across the United States from New York to
California facing significant resiliency and economic challenges, while
the recreation sector is experiencing historic demand, can you explain
the potential benefits of HMTF funding decisions accounting for
recreation economic impacts?
Answer. Water infrastructure is central to the prosperity of
California and the American West, and the U.S. Army Corps of Engineers
plays a key role. We are grateful that the 2020 WRDA helps put
Californians to work, with its notable investments for the Ports of Los
Angeles and Long Beach. We acknowledge the important role of
infrastructure projects across the country, and value the environmental
benefits, recreational opportunities, and open space development, in
addition to the public safety aspects of flood protection projects.
Dredging waterways to protect navigation is a major Corps
responsibility and appropriations from the Harbor Maintenance Trust
Fund--often used for maintenance dredging--allows harbors to remain
accessible not only to their customers, but also to a host of services
and benefits that have ongoing impacts to the community and economy at
large. In California particularly, the sediment dredged from a harbor
is often placed on the shoreline adjacent to the harbor, which assists
in nourishing California's beaches and protecting coastal
infrastructure from damaging storm events and sea level rise. We
recognize recreational water sites are often important economic drivers
for coastal communities, for both immediate and long-term economic and
related benefits. For example, recreational boating from harbors and
marinas supports the local economy, as harbor aquatic centers foster a
future generation of environmental stewards through boating programs
for youth and school groups. Accounting for the recreational benefit of
sediment placement could provide a more holistic analysis of the
economic impact of an infrastructure project.
Questions from Hon. Eddie Bernice Johnson to Hon. Michel Bechtel,
Mayor, Morgan's Point, Texas, and Board President, Gulf Coast
Protection District
Question 1. As you made evident in your testimony, the Gulf Coast
Protection District is of critical importance not only to Texas'
coastal communities but to the entire nation. And the International
Inland Port of Dallas is a crucial connecting point for goods
transported from Gulf Coast Ports as they pass northbound or westbound
by freight rail or truck. In fact, the Union Pacific Dallas Intermodal
Terminal in South Dallas provides a tremendous amount of intermodal
access to the Ports of Los Angeles and Long Beach. Can you describe how
the businesses at the Dallas Inland Port are adversely affected by the
Gulf Coast storms you mention in your testimony?
Answer. Though currently there is minimal impact on containerized
freight moving by rail from Port Houston to Dallas due to Gulf Coast
storms, it is a priority to shift to this mode of transportation in the
future and to significantly increase the amount of freight moved to
Dallas by rail, particularly in light of the supply chain disruptions
that exist in the U.S. today. Little cargo moves by rail from Port
Houston to the Dallas Inland Port and hasn't done so for years, as it
primarily moves by truck. This is another reason that shift would be
beneficial--the trucking industry can be very adversely impacted by
storm events from causes ranging from blocked roads and dangerous
conditions to no available goods to pack or people to load them.
Trucks move the supply chain for the top 10 commodities including
electronics, grocery and convenient store goods, hardware, gravel,
grains, and gasoline. With over seventy (70) percent of freight by
weight moved by trucking, shipments to critical connection points for
distribution such as the International Inland Port of Dallas will
experience significant disruption. Truck driver shortages, a key
component of the human infrastructure, and capacity affected by storm
damage impacting supply chains, will intensify following major
hurricanes and extend delays further.
Question 2. How can my colleagues and I on the Transportation and
Infrastructure Committee and the Texas congressional delegation best
assist the Gulf Coast Protection District?
Answer. The Gulf Coast Protection District (the District) is
grateful for the steady support Congress has demonstrated in getting
the Coastal Texas Study to this point in the process. Supporting
authorization of construction of the Coastal Texas Study in the 2022
Water Resources Development Act (WRDA) will ensure that the District is
able to continue its mission of being the nonfederal sponsor of these
projects. As you may know, the District is also the nonfederal sponsor
of the projects identified in the Sabine to Galveston Study that are
located in the District's territory, together constituting the coastal
barrier system. We have also requested that the 2022 WRDA grant a
suspension of interest accrual on those projects through 2025. This
pause will allow the district to solidify funding while not adding to
the financial burden in the complicated funding process of this new
District.
It is important to note that sixty (60) percent of US oil
consumption is tied to fuel while forty (40) percent is linked to oil
derivatives that are key to the manufacturing of consumer products.
Major storms impacting petrochemical and port infrastructure would
significantly disrupt manufacturing, retailers, and business operation
supply chains in states across the nation. Approximately ninety-six
(96) percent of all manufactured goods are directly touched by the
business of chemistry. Roughly, forty-two (42) percent of the nation's
specialty chemical stock required in a wide range of everyday products
used by consumers and industry is produced from facilities along upper
Texas coast. The business of converting these basic chemicals into
textiles, food and beverage packaging, automotive parts and safety
glass, home furnishings, construction and roofing materials, paints and
coatings, pharmaceuticals, and fertilizers occurs in other states, many
of whom are represented on this committee. Thank you again for yours
and the Committee's commitment. We are honored to collaborate with this
distinguished body.
Question 3. With respect to the project, do you know if the Army
Corps' has specific plans in place to ensure minority participation as
it moves forward?
Answer. Federal Executive Order 12432 directs federal agencies with
substantial procurement or grantmaking authority promote and increase
the utilization of Minority-Owned and Women-Owned Business Enterprises
(M/WBEs). Following procurement guidelines under 2 CFR 200.321, the
District must make efforts to ensure that contractors and
subcontractors funded in whole or in part with federal financial
assistance encourage participation in contracts and other economic
opportunities by small and minority firms and women-owned business
enterprises (WBEs) whenever possible. The District takes the
responsibility of this obligation very seriously and seeks to work
collaboratively with the US Army Corps of Engineers (Corps) in meeting
the M/WBE objectives.
The Corps will ensure that all socioeconomic categories will be
considered for prime and subcontractor opportunities. The Corps
conducts market research for all projects using the System for Award
Management (SAM.gov) and will ask that all interested small businesses
and minority businesses review the site for upcoming opportunities.
Support is in place for businesses needing assistance with registering
at SAM.gov, through their local Procurement Technical Assistance Center
(PTAC) which is usually found at a local college or university. The
Corps Galveston District is also offering free virtual industry days
later this month to provide information including overviews on the
entire Galveston District program: specific overviews on navigation,
operations and maintenance, Infrastructure Investment and Jobs Act
(IIJA) and Disaster Relief Supplemental Appropriations Act (DRSAA)
overview, native PTAC program overview, projects of interest,
acquisition tool updates with the architect and engineering, and the
construction multiple-award contract actions.
Questions from Hon. Eddie Bernice Johnson to Mario Cordero, Executive
Director, Port of Long Beach, California, and Chairman, Board of
Directors, American Association of Port Authorities
Question 1. I am wondering, what is the relationship between the
Port of Long Beach and the Dallas Inland Port? Roughly, how much
business does your port do with the Dallas IIPOD?
Answer. Approximately 53,186 twenty-foot equivalent containers
(TEUs) of imported goods are delivered to Dallas, Texas via the Port of
Long Beach annually. Approximately 19,426 TEUs are exported from Dallas
through the Port of Long Beach annually. These figures are Interior
Point Intermodal (IPI) intact rail moves tracked during Commercial Year
2021. The Port's data system, PIERS, does not track trans-loaded cargo.
Question 2. In what ways will the dredging project at the Port of
Long Beach benefit your relationship and the business the port conducts
with the Dallas Inland Port? Secondly, how will the dredging project
relieve the supply chain backlog?
Answer. A potential outcome of the Port of Long Beach Deep Draft
Navigation Improvement project is reduced time for vessels waiting to
enter or exit the Port due to weather conditions or waiting for the
right tidal conditions. The efficiency of the movement of the vessels
into and out of the Port may be increased, and potentially reduce the
time interval between a vessel leaving and another vessel berthing at
the marine terminal. It will also allow for larger vessels to be served
at the Port.
All these improvements will result in greater efficiencies and the
faster movement of goods moving in and out of the Port of Long Beach to
and from Dallas and other U.S. cargo destinations
Questions from Hon. Steve Cohen to Julie Hill-Gabriel, Vice President
for Water Conservation and Acting Vice President for Coastal
Conservation, National Audubon Society
Question 1. How is the Army Corps being engaged in the Mississippi
River Restoration and Resilience Initiative (MRRRI)?
Answer. The Mississippi River is a vital ecological, economic, and
cultural resource that continuously serves the people of the United
States, and is designated by Congress as both a nationally significant
ecosystem and navigation system. The Mississippi River provides
drinking water to over 20 million Americans. The diverse habitats along
the river host a globally significant flyway supporting over 325
species of birds. Audubon is a proud supporter of the MRRRI bill (H.R.
4202) which will create a federal program to provide leadership,
funding, and guidance to implement a ``whole of the river'' approach to
restore the river.
MRRRI is designed to fund and advance restoration that is
complementary to activities carried out by the Army Corps on the
Mississippi River. To help ensure that this happens, MRRRI formally
designates the Army Corps as a relevant agency to provide input into
MRRRI planning. Per the bill text, relevant federal agencies may enter
agreements with the MRRRI Director, collaborate with the MRRRI Director
to select projects and activities, provide consultation regarding
research, monitoring and ``other efforts to promote the restoration and
resiliency of the Mississippi River Corridor'', and engage in a MRRRI
science forum to identify knowledge gaps and develop an integrated
science plan.
Question 2. I understand that the MRRRI is similar to the Great
Lakes Restoration. There are concerns about relying too much on the
Great Lakes example because that effort closely involved the states and
still took over a decade. On the Mississippi River, our needs are more
urgent and the disasters much more severe. How is MRRRI unique to the
Mississippi River and what has been done to ensure close state
cooperation and continued operation of commerce on the river?
Answer. We agree that there is real urgency to restore the
ecological health of the Mississippi River and the resilience of
Mississippi River communities. MRRRI will establish a Mississippi River
National Program Office, which will coordinate MRRRI programs and
activities focused on improving water quality, building community
resilience, protecting and restoring wildlife habitat, and preventing
the spread of invasive aquatic species. This coordination will happen
across federal agencies and with State agency and community
involvement. MRRRI builds in extensive coordination and consultation
requirements at every step of the process (from goal setting, to action
plan development, to project selection) to ensure close state
cooperation. MRRRI will leverage existing federal and state programs
and utilize public input to complement efforts already underway.
MRRRI will provide additional critical resources for achieving
these objectives, but it will not be the only mechanism for doing so.
For example, the Army Corps will continue to plan and carry out large-
scale river restoration efforts and will continue to operate and
maintain navigation on the river and construct new navigation projects
as appropriate. Other state, federal, local, and NGO restoration
efforts will also continue.
Question 3. Mississippi River mayors have been working closely with
not just ecological restoration interests throughout the Mississippi
River Corridor, but also the eight different economies that operate on
the Mississippi River and employ 1.5 million Americans through ten
states and generate nearly $500 billion in annual revenue. To that end,
the SMRT Act includes new grants to deploy natural infrastructure. How
is MRRRI supporting natural infrastructure deployment?
Answer. MRRRI's fundamental focus is on protecting, restoring, and
deploying natural infrastructure to improve ecosystem and community
resilience. MRRRI provides clear criteria and focus areas to ensure
effective deployment of natural infrastructure solutions. These
include, but are not limited to: projects that ``protect or restore
naturally occurring hydrologic, geomorphic, and ecological functions
and processes, including the restoration or rehabilitation of wetlands,
instream habitats, living shorelines, or upland habitats'' or
``increase water retention and infiltration through actions that
promote a healthy soil ecosystem, including maximizing soil cover,
maximizing soil biodiversity, and maximizing the presence of living
roots''.
We are encouraged to see that natural infrastructure is one of the
eligible uses for grant funding in the SMRT Act, in addition to a focus
on other economic development and infrastructure investments. MRRRI and
the SMRT Act provide complementary solutions for the multitude of
challenges facing the Mississippi River. We look forward to working
with Representative Cohen's office on Mississippi River restoration and
conservation issues moving forward.
Question from Hon. Eddie Bernice Johnson to Julie Hill-Gabriel, Vice
President for Water Conservation and Acting Vice President for Coastal
Conservation, National Audubon Society
Question 1. In my congressional district, I am proud to report that
Audubon Dallas is quite active. Founded in 1973, the Dallas area
Audubon is primarily responsible for managing and maintaining the 600-
acre Cedar Ridge Preserve in southwest Dallas County, and my staff and
I have worked closely with them over the years.
In your testimony you mention the excellent work the Audubon
Society is doing on restoration projects in the Everglades, the
Mississippi River and in Coastal Louisiana. In Texas, we have serious
issues related to coastal flooding along the Gulf Coast area near
Houston and in South Texas along the Rio Grande Valley. We also have
serious inland flooding issues in the Dallas-Ft. Worth area. Can you
speak to some of the work you are engaging in to address these issues
in Texas and your work to restore and enhance ecosystems in the state?
Answer:
Coastal Resilience
Staff of the National Audubon Society in Texas continue the work of
protecting wildlife, conserving habitat, and inspiring environmental
stewardship through outreach and education; this body of work began on
the Texas Coast in 1923. Today, Audubon Texas works with its coastal
wardens and strategic partners to manage 177 islands along the Texas
coast with islands stretching from Galveston Bay to the southernmost
reaches of the Lower Laguna Madre. Work is currently focused on a
subset of islands on the upper, middle, and lower Texas coast. For
example, Audubon is working with partners and the Texas General Land
Office to beneficially use dredge material obtained from the
maintenance of Texas shipping channels to increase bird island habitat
in Matagorda Bay along the middle Texas Coast. Audubon staff also
participate on the Technical Advisory Committee for the Texas Coastal
Resiliency Master Plan, a process managed by the Texas General Land
Office.
Audubon works to support expanded populations of endangered
Whooping Cranes on the Texas Coast. Audubon Texas is working with
partners to develop a strategic conservation framework for Whooping
Cranes, one of the rarest North American birds, and also one of the
largest and most magnificent. Through this project Audubon and partners
will identify priority habitats and conservation practices that can be
enacted with private landowners and engage coastal communities around
conservation of this iconic species. Through this work, Audubon has the
opportunity to connect its coastal restoration and grasslands
conservation work.
With the 100th anniversary of Audubon's Texas Coastal Program in
2023, our goal is to create a roadmap for the future that will include
working with partners to make rookery islands and other estuarine
habitats more resilient to future stressors such as relative sea level
rise and coastal erosion. We are appreciative of the work to make Gulf
Restoration funds available through the Deepwater Horizon Oil Spill
Natural Resource Damage Assessment program and the Texas Trustee
Implementation Group. We fully support the draft plan released in
February 2022, and appreciate the opportunity to work with partners to
make the proposed avian habitat restoration and resilience projects a
reality.
Audubon Texas is actively engaged on key policy issues up and down
the Texas coast, focused especially on understanding how emerging and
planned infrastructure may impact coastal communities, local water
quality, and shoreline integrity. We are engaged on issues such as new
petrochemical complex construction, community and utility-scale solar
siting, offshore wind, private space exploration, and how we can meet
the challenges of providing water for our communities while ensuring we
protect the natural systems around them that provide flood attenuation,
surge protection, and robust ecosystems that support economic
development. According to NOAA, sea level rise projections will hit
Texas especially hard, with parts of the coast expecting relative rise
of nearly two feet by 2060. Future stressors such as this may
disproportionately affect fenceline communities neighboring the
historic and future industrial complexes that characterize key swaths
of the Texas coast, underscoring the need for incorporating sound
science and engagement on these issues.
Urban Conservation Issues
Audubon Texas is active in urban flood issues in Houston. Audubon
Texas's Executive Director, Lisa Gonzalez, serves on the Harris County
Community Flood Resilience Task Force and was appointed to that
position in 2020 by Harris County Precinct 2 Commissioner, Adrian
Garcia. Lisa's background as a coastal ecologist brings expertise to
Task Force deliberations focused on nature-based infrastructure, and
the unique set of issues posed by the development of inland flood
mitigation strategies in an expanding coastal urban center.
The National Audubon Society in Texas manages three Audubon Centers
and one sanctuary located in Dallas-Fort Worth (Trinity River Audubon
Center and Dogwood Canyon Audubon Center), San Antonio (Mitchell Lake
Audubon Center), and Brownsville (the Sabal Palm Sanctuary managed in
partnership with Gorgas Science Foundation). These properties provide
vitally important nature-based infrastructure and are located in urban
watersheds that experience historic environmental justice and social
equity issues. Dogwood Canyon Audubon Center--located in Cedar Hill,
Texas--partners with the neighboring Cedar Ridge Preserve, and Audubon
Dallas is valued local Audubon chapter in the greater Dallas-Fort Worth
metroplex. Audubon Centers also collaborate with local universities
such as UT Dallas. The Trinity River Audubon Center hosts UNIV 3310, a
class of UT Dallas students engaged in service learning about the
environment.
Audubon's work with local chapters may be best exemplified though
Lights Out Texas, a campaign of education, awareness, and action that
focuses on turning out lights at night during the spring and fall
migrations to help protect the billions of migratory birds that fly
over Texas annually. This program currently led by our partner, Texan
by Nature, will come under the leadership of Audubon Texas in Fall
2022. Lights Out Texas is a collaborative effort with local Audubon
chapters, like Audubon Dallas and Houston Audubon, universities such as
Texas A&M University, and other nonprofits such as the Texas
Conservation Alliance located in North Texas. The program offers a
unique opportunity to connect bird conservation to the issue of energy
efficiency and conservation in Texas. Through Lights Out Texas, Audubon
and our partners seek to work with building owners and operators across
the state of Texas to create bird-friendly communities. Because what is
good for birds, is good for people too. We look forward to working with
Representative Johnson's office on additional restoration and
conservation issues in Texas moving forward.
PROPOSALS FOR A WATER RESOURCES DEVELOPMENT ACT OF 2022: MEMBERS' DAY
HEARING
----------
WEDNESDAY, MARCH 16, 2022
House of Representatives,
Subcommittee on Water Resources and Environment,
Committee on Transportation and Infrastructure,
Washington, DC.
The subcommittee met, pursuant to call, at 10:01 a.m. in
room 2167 Rayburn House Office Building and via Zoom, Hon.
Grace F. Napolitano (Chair of the subcommittee) presiding.
March 14, 2022
SUMMARY OF SUBJECT MATTER
TO: Members, Subcommittee on Water Resources and Environment
FROM: Staff, Subcommittee on Water Resources and Environment
RE: Subcommittee Hearing on ``Proposals for a Water Resources
Development Act of 2022: Members' Day Hearing''
_______________________________________________________________________
PURPOSE
The Subcommittee on Water Resources and Environment will meet on
Wednesday, March 16, 2022, at 10:00 a.m. EDT in 2167 Rayburn House
Office Building and by video conferencing via Zoom to receive Member
testimony related to the development of a new water resources
development act (WRDA). The purpose of this hearing is to provide
Members with an opportunity to testify before the Subcommittee on their
WRDA priorities related to the U.S. Army Corps of Engineers (Corps).
This testimony will help to inform the drafting of a new WRDA for 2022,
which the committee expects to approve this year.
BACKGROUND
The Corps is the federal government's largest water resources
development and management agency.\1\ The Corps' primary missions are
riverine and coastal navigation, the reduction of flood damage risks
along inland and coastal waters, and projects to restore and protect
the environment. The Corps also participates in the generation of
hydropower, provides water storage opportunities to cities and
agricultural and industrial interests, participates in the construction
of environmental infrastructure projects, assists in national
emergencies, and manages a recreation program. To achieve its mission,
the Corps plans, designs, and constructs water resources development
projects which are authorized through biennial WRDA legislation, the
last of which was enacted in 2020.\2\
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\1\ See generally, https://www.usace.army.mil/missions.
\2\ Division AA of Pub. L. 116-260.
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A WRDA is the authorizing vehicle for Corps' policy, studies, and
construction of projects. To date, Congress has received 15 Reports
from the Chief of Engineers and three Director's Reports for projects.
The Corps also submitted its 7001 Annual Report to Congress on Future
Water Resources Development for 2021 in November 2021. The 7001 Annual
Report for 2022, due in February of this year, has not yet been
received. Access to these reports can be found on the Committee
website.\3\
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\3\ https://transportation.house.gov/committee-activity/issue/
water-resources-development-act-of-2022.
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Mrs. Napolitano. Good morning. I call this hearing to
order. Today is the third hearing in a row for this
subcommittee on various perspectives for a new Water Resources
Development Act, WRDA. Importantly, today we will hear directly
from Members of Congress on their priorities on water resources
issues affecting their districts directly. I look forward to
hearing this testimony from all our Members, and working with
my colleagues on the subcommittee to address the issues today
in our new WRDA 2022.
Let me start by asking unanimous consent that the Chair be
authorized to declare recess during today's hearing.
And without objection, so ordered.
The testimony we receive today will help to inform us on
what matters most to our colleagues and the Nation as we move
forward with drafting legislation. This local perspective is
key to helping our communities achieve the desired outcomes,
and ensuring the Corps' expertise is accessible to all those
who seek it.
We are currently developing our fifth consecutive
bipartisan WRDA bill. Thank you very much. This is clear
evidence that WRDA has become a product of its own success. Our
constituents demand and now expect that we move forward in
developing this legislation every Congress. This consistency
and predictability is also essential to the Corps itself and
stakeholders across the country.
I look forward to working with all of my colleagues on both
sides of the aisle in enacting a fifth consecutive WRDA for
2022.
Thank you to all Members who have made the time to come
before the committee today. I look forward to your testimony
and working with you to write another successful WRDA bill and
continue the important work of the Corps for water resources
projects nationwide.
[Mrs. Napolitano's prepared statement follows:]
Prepared Statement of Hon. Grace F. Napolitano, a Representative in
Congress from the State of California, and Chair, Subcommittee on Water
Resources and Environment
This hearing is our third in a series this year to inform our
development of a Water Resources Development Act for 2022. The Army
Corps of Engineers are our largest water managers in the nation, and
our resident experts on everything from flood prevention, to water
supply, to aquatic ecosystem restoration.
We have so far heard excellent testimony from Assistant Secretary
of the Army for Civil Works, Michael Connor, as well as Lieutenant
General Scott Spellmon, Chief of Engineers at the Corps.
We've also heard from highly engaged stakeholders, who shared
helpful insight into the impacts and policies of the Corps' work.
Truly, every different perspective is helpful to our work here.
Today, we welcome Members of the House to present their priorities
for consideration in WRDA 2022. The Corps operates nationwide, with
impacts on just about every single district in the country.
With a reach so far and wide, we need to make sure we recognize the
district-specific issues facing our communities. These will be totally
different on the east coast versus the west, and even different within
a particular state.
The testimony we receive today will help to inform us on what
matters most to our colleagues as we move forward with drafting
legislation. This local perspective is key to helping our communities
achieve their desired outcomes and ensuring the Corps' expertise is
accessible to all those who seek it.
We are currently developing our fifth consecutive, bipartisan, WRDA
bill. This is clear evidence that WRDA has become a product of its own
success. Our constituents demand and now expect that we move forward in
developing this legislation every Congress. This consistency and
predictability is also essential to the Corps itself, and stakeholders
across the country.
I look forward to working with my colleagues on both sides of the
aisle in enacting a fifth consecutive WRDA for 2022.
Thank you to all Members who have made time to come before the
Committee today. I look forward to your testimony and working with you
to write another successful WRDA bill and continue the important work
of the Corps for water resources projects nationwide.
Mrs. Napolitano. And at this time I would like to yield,
and am pleased to yield to my partner in this endeavor, ranking
member Mr. Rouzer, for any comments and thoughts.
Mr. Rouzer. Well, thank you, Madam Chair. And I want to
congratulate you on your gold de Fleury medal that you received
from the Army Corps of Engineers for your significant
contribution to the Army Corps. I thought that was a really
nice ceremony that we had the other day, and I was really proud
to be a part of that with you. It is well deserved.
I appreciate the opportunity to hear from our witnesses
today. Today's hearing marks the third hearing of the House of
Representatives' portion of the drafting of WRDA for 2022. And
as I mentioned in our last two WRDA hearings, this is one of
the most important pieces of legislation that we do here, on
the Transportation and Infrastructure Committee. And it is one
of the best examples of Congress working the way it should.
Since 2014, Congress has passed a WRDA bill every 2 years.
We plan to keep that trend moving.
In addition to being on a dependable schedule, these talks
have been bipartisan, and it has made a big difference for all
stakeholders, and in particular, improving our water
infrastructure.
In fact, the 2020 WRDA passed by voice vote in the House.
And hopefully, we will have another such voice vote.
I look forward to working with my colleagues on both sides
of the aisle here on the committee and the full House to pass
another bipartisan WRDA. And in our previous WRDA hearing, we
heard testimony from witnesses representing a cross-section of
those partnering with Army Corps of Engineers on a variety of
programs, ranging from storm surge protection to navigation at
our ports to environmental infrastructure.
Today, we will hear directly from our colleagues here in
Congress on the priorities that are important to them and their
districts. I look forward to hearing about these Member
priorities and how they will be of benefit to their communities
and our country. Thank you to our colleagues who are providing
testimony before us today.
[Mr. Rouzer's prepared statement follows:]
Prepared Statement of Hon. David Rouzer, a Representative in Congress
from the State of North Carolina, and Ranking Member, Subcommittee on
Water Resources and Environment
Thank you, Chair Napolitano. I appreciate you holding this hearing.
Today's hearing marks the third hearing of the House of
Representatives' portion of the drafting of a Water Resources
Development Act (WRDA) for 2022.
As I mentioned in our last two WRDA hearings, this is one of the
most important pieces of legislation that we do here on the
Transportation and Infrastructure Committee.
WRDA is one of the best examples of Congress working the way it
should. Since 2014, Congress has passed a WRDA bill every two years. In
addition to being on a dependable schedule, these talks have been
bipartisan, and it has made a big difference for all stakeholders and
our water infrastructure. In fact, in 2020 WRDA passed by voice vote in
the House.
I look forward to working with my colleagues on both sides of the
aisle here on the Committee and the full House to pass another
bipartisan WRDA this year.
In our previous WRDA hearing, we heard testimony from witnesses
representing a cross-section of those partnering with the Army Corps of
Engineers on a variety of programs, ranging from storm surge protection
to navigation at ports to environmental infrastructure.
Today, we'll hear directly from our colleagues in Congress on the
priorities that are important to them and their constituents. I look
forward to hearing about these member priorities and how they will be
of benefit to their communities and our country.
Mr. Rouzer. And, Madam Chair, I yield back.
Mrs. Napolitano. Thank you, Mr. Rouzer, and from your lips
to God's ears on the fifth WRDA.
At this time I am pleased to yield to the chair of the full
committee, Mr. DeFazio, for any thoughts he may have.
Mr. DeFazio. Madam Chair, thank you. And also, again,
congratulations on recognition of your tremendous work.
Grace has focused and been focused on water--obviously,
being from California sharpens your focus--since the day I met
her. So, she has been a tremendous advocate for WRDA bills, for
the Corps, and these necessary projects.
As was stated earlier, this was a tradition reinstated
after years of lapse by former Chairman Bill Shuster. And we
have continued it, and fully intend to continue it again this
year. And as the ranking member pointed out, we passed the bill
unanimously in the House not once, not twice, but three times,
with some modifications, because the Senate can't legislate. So
we passed a bill. I negotiated with then-Chair Wicker. We came
to an agreement on some changes. We passed it again. Then I
don't remember why we had to pass it the third time.
And finally, we only got it passed by melding it into the
giant year-end omnibus, which required a new set of
negotiations with Senator Shelby, who wanted further changes,
somewhat diluting what we wanted to do, which was spend down
the accumulated balance of taxes collected from the American
people of $10 billion that was dedicated to harbor maintenance,
starting under the Reagan administration.
And I had twice passed bills out of this committee when the
Republicans controlled the House, but Paul Ryan hated the idea
personally and had it taken out in the rule each time, even
though it had come out of committee unanimously. And then, when
we took over, we finally were able to move legislation. But the
first bill we couldn't get done, and the second bill we did.
So, we finally freed up the Harbor Maintenance Trust Fund,
$10 billion. Instead of spending it out in 5 years, which I had
proposed, it will be 10. But this is money that will be well
spent. I mean, the Corps of Engineers, if you look at all of
their obligations and duties across the United States of
America, has a critical asset backlog of about $40 billion. So,
even with the major amounts of money in the IIJA, and freeing
up the Harbor Maintenance Trust Fund, the Corps is still going
to have to choose and set priorities among its projects.
That is why we are here today, to hear from Members for
critical needs in their district so we can help the Corps,
which is now better funded but not totally adequately funded,
to best divine where to put these limited resources to help
communities all across the Nation deal with changes, with
deteriorating dams, or levees, jetties, breakwaters, harbors,
or new threats that come with sea level rise, severe weather
events, climate change.
It is good to hear from our colleagues. We restored
earmarks in the appropriations process, community development,
community-oriented projects. We restored them through a very
lengthy process in our INVEST Act. Unfortunately, it got blown
off by the Senate. Members of Congress often know the needs of
their district better than some bureaucrat in Washington, DC,
or a bureaucrat in the State capital controlling the money. So,
I fully support this process, and I am looking forward to
hearing from our colleagues and helping to set priorities in
the next WRDA bill.
[Mr. DeFazio's prepared statement follows:]
Prepared Statement of Hon. Peter A. DeFazio, a Representative in
Congress from the State of Oregon, and Chair, Committee on
Transportation and Infrastructure
Thank you, Chair Napolitano, for holding this hearing and welcome
to our colleagues who have joined us today to talk about their
priorities for a new Water Resources Development Act for 2022.
WRDAs are an important component of this committee's ongoing
efforts to modernize our nation's infrastructure systems--an effort
that has been marked with significant and bipartisan success.
In the past 14 months, this committee has helped pass the single-
largest investment in our nation's infrastructure in generations.
Enactment of the bipartisan Infrastructure Investment and Jobs Act will
be remembered as the historic turning point from talk to action on
serious investment in our nation's economic future.
Why? Because the bipartisan infrastructure law provided once-in-a-
generation investment in transportation--the highways, bridges,
transit, rail, aviation, and maritime corridors that are so critical to
our national, regional, and local economies--and supports the hard-
working Americans who build, maintain, and repair our infrastructure.
The benefits of the bipartisan infrastructure law will be felt by
everyday Americans for decades--in safer roads and bridges, in greater
mobility and less traffic, in clean, safe and reliable water and
wastewater services, in reduced costs for goods and services, and in
countless other ways.
The bipartisan infrastructure law also built upon prior successes
of this committee to combat climate change in ways we've never done
before and to ensure that future infrastructure investment is both
climate resilient and more affordable to rural, Tribal, and
economically disadvantaged communities across the nation.
Many of these themes can also be found in last Congress' bipartisan
Water Resources Development Act of 2020, and upon which we continue to
build in the development of a new WRDA for 2022. That's why enacting a
WRDA bill every two years is important and a priority of this
committee.
I am proud to have worked with former-Chairman Shuster to restore
this committee's tradition of moving a water resources development act
every Congress. These bipartisan efforts have resulted in this
committee enacting four consecutive WRDA bills since 2014.
Today, we take another step in continuing that tradition for the
117th Congress, with the goal of enacting a fifth-consecutive WRDA--
something this committee has not achieved in decades.
Madam Chair, as we all know, WRDA bills provide the opportunity for
communities and local sponsors to partner with the Corps on critical
navigation, flood protection, and ecosystem restoration projects.
Earlier this year, we had the opportunity to hear both from the
Biden administration and Corps' stakeholders and non-Federal partners,
including representatives of Tribal governments, on their priorities
for the forthcoming WRDA bill.
Today, we provide our congressional colleagues the opportunity to
present to the committee their local priorities and how the Corps may
be able to assist their districts, their constituents, and the nation.
One of our greatest successes in WRDA 2020 was one that I had been
working on for over two decades--to finally unlock federal investment
in our nation's ports and harbors. This provision--which has become
even more important as our nation cautiously emerges from the global
pandemic--ensures that funds already collected from importers and
domestic shippers using coastal and inland ports is used to provide the
Corps with sufficient annual revenues to keep our ports in a good state
of repair, and to sustain our local, regional, and national economies
that rely on the movement of goods and services through our commercial
ports.
Similarly, this committee had great success in WRDA 2020 in
requiring the Corps to make greater use of natural and nature-based
alternatives to address coastal and inland flooding issues; in
requiring the Corps to provide additional assistance to local sponsors,
especially economically-disadvantaged communities, rural communities,
and Tribal communities, in the development of future WRDA projects; and
in addressing WRDA project affordability concerns. The committee
continues to follow the Biden administration's implementation of all
these critical provisions.
Thank you, Chair Napolitano, as well as Ranking Member Sam Graves,
and Subcommittee Ranking Member Rouzer, for your continued partnership
in developing what I hope is a record-breaking fifth WRDA in a row.
Thank you again for joining us today, and I look forward to working
with all of you in passing a new WRDA for 2022.
Mr. DeFazio. Thank you, Madam Chair.
Mrs. Napolitano. Thank you, Mr. DeFazio. But you should
also be aware that you received the 20th Bertholf Award from
the Coast Guard this year. So, congratulations for the work you
have done for the Coast Guard, sir. It is very much deserved.
Mr. DeFazio. Thank you, Madam Chair. Yes, that was a great
honor to receive that award. Yes.
Mrs. Napolitano. Well, congratulations, sir.
I don't know if Mr. Graves is available.
No? We will proceed. Thank you very much.
We will proceed to address our Members that are remote to
please turn their cameras on and keep them on until their
testimony is complete.
Thank you for being here, and welcome.
And given the number of Members appearing before the
subcommittee today, and out of consideration for our
colleagues' time, I ask unanimous consent that members of the
committee be given 2 minutes each to question our Member
witnesses following their statements.
And without objection, so ordered.
Members appearing before the committee today will have 5
minutes to give their oral testimony.
Without objection, our witnesses' full statements will be
included in the record.
I would like to recognize our first witness. Mrs. Fletcher,
I recognize you, the gentlewoman from Texas, for 5 minutes. You
are recognized, ma'am.
TESTIMONY OF HON. LIZZIE FLETCHER, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF TEXAS
Mrs. Fletcher. Thank you, Chairwoman Napolitano, and thank
you, Ranking Member Rouzer.
As a former member of this committee, I am proud and
excited of the work we did together in the Water Resources
Development Act of 2020, and I appreciate the opportunity to
testify before the committee today about our community's
priorities for water infrastructure investment in Houston and
Harris County, Texas, for the benefit of our entire region in
the Water Resources Development Act of 2022.
I have submitted to the committee several priorities,
including project-specific authorizations and policy changes
that will build on the important work of this committee and on
the historic bipartisan Infrastructure Investment and Jobs Act.
There are two main drivers for our priorities, and I know they
are the priorities of this committee and of this Congress:
first, to support economic growth through infrastructure
investment, facilitating that investment and partnerships in
that effort; and second, to make our communities safer and more
resilient through infrastructure investment.
In the first category, I have asked for important policy
modifications to the Houston Ship Channel improvement project
benefit-cost ratios, and an O&M cost sharing for ports and
waterways that operate in depths greater than 50 feet, and
mechanisms through which private industry can provide user fees
to support projects like the Houston Ship Channel improvement
project.
I would be glad to discuss any of these commonsense policy
changes with the committee at any time.
In the second category, I--along with, I am certain, my
colleagues from across our region--have asked the committee to
authorize the project outlined in the U.S. Army Corps of
Engineers Coastal Texas Study Chief's Report. I previously
shared some of the background on this project with this
committee.
Texans have spent more than a decade imagining, designing,
and working to address the historic events that we have
experienced in our recent past, from Hurricane Ike to Hurricane
Harvey, with an eye toward the future, with an understanding of
the challenges that face us. And what that means to us is
building infrastructure that is resilient to floods, storms,
and other threats, and that is not fragile in the face of these
increasing risks.
The result of that work is the Coastal Texas Study, and the
time to authorize it is now.
The project was developed as a result of a comprehensive
study led by the Corps, in partnership with the Texas General
Land Office, to identify feasible projects that would reduce
risks to public health and the economy, restore critical
ecosystems, and advance coastal resiliency. The Coastal Texas
Study is a critical project that would stop storm surge at the
coast, protecting our region and our Nation from catastrophic
damage. It protects the Texas coast, including the Houston
region, home to more than 7 million people, and home to the
Houston Ship Channel and the Port of Houston, the busiest port
in the country by total tonnage, and the home to one of the
largest, if not the largest, concentration of refining and
petrochemical complexes in the world.
The economic damage to the United States in the event of a
catastrophic storm surge up the Houston Ship Channel would have
dire consequences, not just for our region, but for our
country. Essential products like gasoline, jet fuel, plastics,
fertilizers, and cleaning chemicals are all made at the Port of
Houston.
The Texas gulf coast is responsible for 32 percent of the
refining capacity for our entire country, including an
estimated 40 percent of our country's jet fuel that we rely on
for our national security. The consequences of the loss of that
capacity cannot be overstated as it relates to our national
security. And with recent events around the world, as well as
our need for energy independence and growth, as well as the
protection of our supply chains, it is more important than ever
that we invest in this protection.
Authorizing the Coastal Texas Study and the Port of Houston
policy request is in our national security interest and in our
national economic interest. It is smart, it is timely, and it
is what we need now for Texas and for the entire country.
Thank you for your consideration of these important
requests. I look forward to working with the committee on these
projects and much more, and I yield back.
[Mrs. Fletcher's prepared statement follows:]
Prepared Statement of Hon. Lizzie Fletcher, a Representative in
Congress from the State of Texas
Thank you, Mr. Chairman.
As a former member of this Committee, I am proud of and excited
about the work we did together in the Water Resources Development Act
of 2020, and I appreciate the opportunity to testify today about my
community's priorities for water infrastructure investment in Houston
and Harris County for the benefit of our entire region in the Water
Resources Development Act of 2022.
I have submitted to the Committee several priorities, including
project-specific authorizations and policy changes that will build on
the important work of this committee and on the historic, bipartisan
Infrastructure Investment and Jobs Act.
There are two main drivers for our priorities, and I know they are
the priorities of this Committee and of this Congress: (1) to support
economic growth through infrastructure investment, facilitating that
investment and partnerships in that effort and (2) to make our
communities safer and more resilient through infrastructure investment.
In the first category, I have asked for important policy
modifications to the Houston Ship Channel Improvement Project Benefit/
Cost Ratios and an O&M cost-sharing for ports and waterways that
operate in depths greater than 50 feet, and mechanisms through which
private industry can provide user fees to support projects like the
Houston Ship Channel Improvement Project. I would be glad to discuss
any of these common-sense policy changes with the committee at any
time.
In the second category, I have asked the Committee to authorize the
project outlined in the U.S. Army Corps of Engineers Coastal Texas
Study Chief's Report.
I have previously shared some background on this project with this
Committee. Texans have spent more than a decade imagining, designing,
and working to address the historic events we have experienced in the
recent past--from Hurricane Ike to Hurricane Harvey--with an eye toward
the future, which means infrastructure resilient to floods, storms, and
other threats--and not fragile in the face of these increasing risks.
The result of that work is the Coastal Texas Study. And the time to
authorize it is now.
The project was developed as a result of the Texas Coastal Study--a
comprehensive study led by the Corps in partnership with the Texas
General Land Office to identify feasible projects that would reduce
risks to public health and the economy, restore critical ecosystems,
and advance coastal resiliency.
The Coastal Texas Study is a critical project that would stop storm
surges at the coast, protecting our region--and our nation--from
catastrophic damage.
It protects the Texas coast, including the Houston region, home to
more than seven million people, and home to the Houston Ship Channel
and the Port of Houston--the busiest port in the country by total
tonnage and home to one of the largest, if not the largest,
concentration of refining and petrochemical complexes in the world.
The economic damage to the United States in the event of a
catastrophic storm surge up the Houston Ship Channel would have dire
economic consequences not just in the Houston region, but across our
country.
Essential products like gasoline, jet fuel, plastics, fertilizers,
and cleaning chemicals are all made at the Port of Houston.
The Texas Gulf Coast is responsible for 32 percent of the refining
capacity for our entire country, including an estimated 40 percent of
our country's jet fuel that we rely on for our national security.
The consequences of loss of that capacity cannot be overstated as
it relates to our national security.
And with recent events happening around the world, our need for
energy growth and independence--as well as protection for our supply
chains--is more important than ever.
Authorizing the Coastal Texas Study and the Port of Houston policy
requests is in our national security interest and our national economic
interest.
It is smart. It is timely. And it is what we need now--for Texas
and for the entire country.
Thank you for your consideration of these important requests. I
look forward to working with the Committee on these projects and much
more.
Mrs. Napolitano. Thank you for your testimony, Mrs.
Fletcher. And now we turn to recognize our next Member, the
gentleman from Virginia--remotely--Mr. Wittman, for 5 minutes.
TESTIMONY OF HON. ROBERT J. WITTMAN, A REPRESENTATIVE IN
CONGRESS FROM THE COMMONWEALTH OF VIRGINIA
Mr. Wittman. Well, thank you, Chairman Napolitano and
Ranking Member Rouzer, and I want to thank you for allowing me
to testify before you today, and I am honored to highlight some
of the needs facing Virginia as you consider the upcoming water
resources development package.
The Water Resources Development Act is necessary
legislation that provides for improvements to the Nation's
ports, inland waterways, flood protection, ecosystem
restoration, and other water resources infrastructure and
policy. Water infrastructure is vital to moving goods
throughout the country, from products we all use every day in
our lives and to crops and goods we produce domestically and
send abroad. And I hope this committee and the House upholds
its duty to authorize nationally important water infrastructure
improvements that are more locally driven.
Furthermore, I would like to thank the Corps of Engineers
as they work hard to manage more than 1,500 water resource
development projects, many of them in Virginia. The Army Corps
of Engineers is critical to our Commonwealth, from the Norfolk
Harbor Channel widening and deepening project to the public
waterways restoration projects across Virginia.
As a proud Representative of the Commonwealth of Virginia,
home of the Port of Virginia, one of the largest and busiest
ports on the eastern seaboard, advancing the work being done by
the Port of Virginia to improve and expand its operations is
critical. The port manages cargo that is shipped to all 48
contiguous States. The Port of Virginia is a national gateway
for commerce, supporting business across the country. Moreover,
in Virginia's First Congressional District, 334 businesses
utilize the services of the Port of Virginia. As a catalyst for
commerce, the port is attracting growth, fostering development,
and creating jobs. On the State level, cargo moving through the
port supports more than 530,000 jobs statewide, and generates
in excess of $90 billion in annual economic impact in Virginia.
I would also like to take this time to highlight some WRDA
priorities the subcommittee should look at in deliberating this
bill.
Anchorage F is currently designed as a 3,000-foot circle
for free-swinging bow anchoring. This is in the Norfolk Harbor
and channels. The anchorage in its current design is used
primarily as an emergency anchorage in inclement wave weather
in the harbor, or in situations of unexpected delays. For
vessels to effectively utilize the anchorage, it is imperative
and common sense for the anchorage and approach depths to match
that of the Federal channel. A deeper and wider anchorage will
allow further use of the anchorage beyond the primary function,
and permit use by larger vessels calling on our port.
Additionally, an improved anchorage and anchorage approach
could provide passing vessels safe harbor during storm
conditions.
The proposed modification includes widening the Anchorage F
beyond its currently authorized diameter of 3,620 feet to a
diameter of 3,840 feet, and deepening the anchorage to 55 feet,
consistent with the 1986 authorization and the project depth of
the Federal channel project. These costs have been developed to
a planning stage level of confidence, and remain within the
project's section 902 cost limit.
Also, I request for coastal resiliency funding for the
Hampton Roads area. I request legislative language to allow the
United States Corps of Engineers to include Federal property in
their feasibility studies for the Norfolk-Hampton Roads area.
By allowing the Corps to include Federal properties for an
upcoming coastal storm risk management study of the peninsula
and Greater Hampton Roads, it would solve the restriction
problem in incorporating those installations and facilities
into the Civil Works planning and construction process.
The intent of this language is narrowly focused on the CSRM
study on the peninsula. It is intended only to assure that the
United States Corps of Engineers studies are comprehensive and
holistic. The language is not intended to indicate that the
Corps of Engineers has a responsibility for carrying out Civil
Works projects on Federal installations. I believe this
commonsense language will ultimately produce a better report
for action and range of actors in the region, and will make
sure that we coordinate across a variety of different uses,
including Federal facilities and military facilities.
I want to thank the chairwoman and ranking member and
members of the committee for the opportunity to testify before
you today, and I look forward to working with the committee and
the Corps as we move forward towards finishing WRDA 2022.
[Mr. Wittman's prepared statement follows:]
Prepared Statement of Hon. Robert J. Wittman, a Representative in
Congress from the Commonwealth of Virginia
Introduction
Chairwoman Napolitano and Ranking Member Rouzer,
Thank you for allowing me to testify before you today. I am honored
to highlight some of the needs facing Virginia as you consider the
upcoming Water Resources Development package.
The Water Resources Development Act is necessary legislation that
provides for improvements to the Nation's ports, inland waterways,
flood protection, ecosystem restoration, and other water resources
infrastructure and policy. Water infrastructure is vital to moving
goods throughout the country, from products we all use in our everyday
lives, to crops and goods we produce domestically and send abroad. I
hope this committee and the House upholds its duty to authorize
nationally important water infrastructure improvements that are more
locally driven.
Furthermore, I would like to thank the Army Corps of Engineers as
they work hard to manage more than 1,500 water resource projects with
many of them in Virginia. The Army Corps of Engineers is critical to
our commonwealth, from the Norfolk Harbor Channel Widening and
Deepening Project to the public waterways restorations projects across
Virginia.
Port of Virginia
As a proud representative of the Commonwealth of Virginia, home of
the Port of Virginia--one of the largest and busiest ports on the
eastern seaboard--advancing the work being done by the Port of Virginia
to improve and expand its operations is critical. The Port manages
cargo that is shipped to all 48 contiguous states.
The Port of Virginia is a national gateway for commerce, supporting
businesses across the country. Moreover, in Virginia's 1st District 334
businesses utilize the services of the Port of Virginia.
As a catalyst for commerce, the Port is attracting growth,
fostering development, and creating jobs. On the state level, cargo
moving through the Port supports more than 530,000 jobs statewide and
generates in excess of $90 billion in annual economic impact for
Virginia.
WRDA Proposals Submitted
I would like to take this time to highlight some WRDA priorities
the subcommittee should look at while deliberating the bill.
1. Norfolk Harbor and Channels: Anchorage F Expansion
Anchorage F is currently designed as a 3,000-foot diameter circle
for free-swinging bow anchoring. The anchorage in its current design is
used primarily as an emergency anchorage in inclement wave weather in
the harbor or in situations of unexpected delays. For vessels to
effectively utilize the anchorage, it is imperative--and common-sense--
for the anchorage and approach depths to match that of the Federal
Channel.
A deeper and wider anchorage will allow further use of the
anchorage beyond the primary function and permit use by larger vessels
calling on our port. Additionally, an improved anchorage and anchorage
approach could provide passing vessels safe harbor during storm
conditions.
The proposed modification includes widening the Anchorage F beyond
its currently authorized diameter of 3,620-feet to a diameter of 3,840-
feet and deepening the anchorage to 55-feet consistent with the 1986
authorization and the project depth of the Federal Channel. Project
costs have been developed to a planning stage level of confidence and
remain within the project's Section 902 cost limit.
2. Language Request: Coastal Resilience Feasibility Study, Norfolk-
Hampton Roads
Furthermore, I request legislative language to allow the USACE to
include Federal property in their feasibility studies for the Norfolk-
Hampton Roads, Virginia area.
By allowing the USACE to include Federal properties for an upcoming
Coastal Storm Risk Management (CSRM) study of the Peninsula and greater
Hampton Roads area, it would solve the restriction problem in
incorporating these installations and facilities into the Civil Works
planning and construction processes.
The intent of this language is narrowly focused on the CSRM study
on the Peninsula. It is intended only to ensure that these USACE
studies are comprehensive and holistic.
The language is not intended to indicate that the USACE has a
responsibility for carrying out civil works projects on Federal
installations. I believe this is common sense language that will
ultimately produce a better report for action by a range of actors in
the region.
Conclusion
I want to thank the Chairwoman, Ranking Member, and the Members of
the Committee for the opportunity to testify today. I look forward to
working with the Committee and the Corps as we move forward towards
finishing WRDA 2022.
Mrs. Napolitano. Thank you, Mr. Wittman.
Are there any questions of the Member?
Hearing none, thank you, sir.
Mr. Wittman. Thank you.
Mrs. Napolitano. I would like to recognize the next
witness, the gentlewoman from Texas, Ms. Garcia, for 5 minutes.
TESTIMONY OF HON. SYLVIA R. GARCIA, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF TEXAS
Ms. Garcia of Texas. Thank you, Madam Chair, and Ranking
Member Rouzer and Chairman DeFazio. Good morning, and thank you
for allowing me to come by this morning to speak with the Water
Resources and Environment Subcommittee of your full committee.
Houston sits at the epicenter of global trade, our Nation's
supply chain is insourced by cities like Houston, home to the
busiest deep-draft waterway in the Nation, Port Houston. The
port has as many ship calls annually as the next three largest
U.S. ports combined, and it provides $801.9 billion in national
economic value. But it is imperative that the port, like its
counterparts in the world's busiest trade routes, keep up with
increased shipping activity, larger barges, and the need for
deeper waterways.
I come before you to request that the U.S. Army Corps of
Engineers take up our delegation's request for taking on the
assumption and maintenance of Project 11, the port's large-
scale project to widen, deepen, and dredge the port so that it
remains a viable center of commercial trade for our Nation.
We must also ensure that Port Houston is fully supported in
project financing through operations and maintenance. This can
be done through your support of policy requests that I and
several of my Houston colleagues have submitted, which modifies
the O&M cost sharing for ports deeper than 50 feet. These
project priorities, which were made possible for consideration
by this act, garner enormous benefits not only for Texas, but
for the entire Nation.
The port is a keystone of American critical infrastructure,
whose value is especially critical in times of great national
security threat, and threats posed to our Nation's energy
supply, as it does today.
Then we also ask for support for our Ike Dike.
Additionally, it is imperative that we discuss the need for
full-fledged support for the gulf coast seawall barrier,
commonly known as the Ike Dike. Prior to this meeting, I have
led an effort with my colleagues in the Houston delegation to
request support for the U.S. Army Corps of Engineers Coastal
Texas Study Chief's Report to authorize the construction of a
coastal seawall that would protect millions of families across
the Greater Houston and Galveston area.
We must ensure that our area has the resources it needs to
protect the Greater Houston and Galveston regions'
manufacturing, retail, agriculture, business, energy, and
military supply chains in Texas and in the Nation.
More importantly, we must also protect the millions of
lives who depend on our full embrace of all forms of disaster
prevention and resilience. Studies show similar barrier systems
to the one we are requesting have an almost immediate return on
investment. Hurricane Ida tested a similar barrier system in
New Orleans. The system prevented a Hurricane Katrina-level
surge, but it also more than paid for itself in prevented
damages.
I personally know far too well the devastating effects that
hurricanes and large-scale flooding have on local economies and
communities. These project priorities requested by myself, and
equally supported across the aisle by my colleagues and the
Greater Houston region delegation, benefit Texans in our home
State, and deliver major improvements to our Nation.
I thank the subcommittee and the full committee for their
work on these critical issues, and I look forward to working
with you through this process. I urge my colleagues on the
committee to include these priorities in the passage of the
Water Resources Development Act of 2022. Thank you for your
time and consideration, and have a great day.
[Ms. Garcia's prepared statement follows:]
Prepared Statement of Hon. Sylvia R. Garcia, a Representative in
Congress from the State of Texas
Chair Napolitano, Ranking Member Rouzer, and Members of the Water
Resources Subcommittee, thank you for having me here on Member Hearing
Day.
Houston sits at the epicenter of global trade. Our nation's supply
chain is insourced by cities like Houston, home to the busiest deep-
draft waterway in the nation, Port Houston. The Port has as many ship
calls annually as the next three largest U.S. ports combined, and it
provides $801.9 billion in national economic value. But it is
imperative that the Port, like its counterparts in the world's busiest
trade routes, keep up with increased shipping activity, larger barges,
and the need for deeper waterways.
I come before you to request that the U.S. Army Corps of Engineers
take up our delegation's request for taking on the Assumption of
Maintenance on Project 11, the port's large-scale project to widen,
deepen, and dredge the port, so that it remains a viable center of
commercial trade for our nation.
We must also ensure that Port Houston is fully supported in project
financing through Operations and Maintenance. This can be done through
your support of the policy request that I--and several of my Houston
colleagues--submitted, which modifies the O&M cost sharing for ports
deeper than 50 feet.
These project priorities, which are made possible for consideration
by this Act, garner enormous benefits. Not only for Texas residents,
but for the entire nation. The port is a keystone of American critical
infrastructure, whose value is especially critical during times of
great national security threat and threats posed to our nation's energy
supply.
Additionally, it is imperative that we discuss the need for full-
fledged support for the Gulf Coast's seawall barrier.
Prior to this hearing, I led an effort with my colleagues in the
Houston delegation to request support for the U.S. Army Corps of
Engineers' Coastal Texas Study Chief's Report, to authorize the
construction of a coastal seawall that would protect millions of
families across the greater Houston and Galveston area. We must ensure
that our area has the resources it needs to protect the greater Houston
and Galveston region's manufacturing, retail, agriculture, business,
and military supply chains in Texas and the nation.
More importantly, we must also protect the millions of lives who
depend on our full embrace of all forms of disaster prevention and
resilience. Studies show similar barrier systems to the one we are
requesting have an almost immediate return on investment. Hurricane Ida
tested a similar barrier system in New Orleans. The system prevented a
Hurricane Katrina-level surge, but it also more than paid for itself in
prevented damages. I personally know far too well the devastating
effects that hurricanes and large-scale flooding have on local
economies and communities.
These project priorities requested by myself, and equally supported
across the aisle by my colleagues in the greater Houston Congressional
delegation, benefit Texans in our home state and deliver major
improvements to our nation. I thank the subcommittee and the full
committee for their work on these critical issues.
I urge my colleagues on the committee to include these priorities
in the passage of the Water Resources Development Act of 2022.
Thank you for your time and consideration.
Mrs. Napolitano. Thank you, Representative Garcia.
Are there any questions of Ms. Garcia?
Hearing none, thank you very much for your testimony, and--
--
Ms. Garcia of Texas. Thank you, Madam Chair.
Mrs. Napolitano [continuing]. We will move on to the next
Member of Congress. I would like to recognize our next witness,
the gentlewoman from California, Ms. Porter, for 5 minutes.
Ms. Porter, you are on.
TESTIMONY OF HON. KATIE PORTER, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF CALIFORNIA
Ms. Porter. Thank you very much, Chair Napolitano and
Ranking Member Rouzer, for providing us with this opportunity
to share our districts' priorities for the Water Resources
Development Act of 2022.
I am here today to support the authorization of the Prado
Basin ecosystem restoration project, which is part of the dual-
purpose Prado Basin feasibility study. This project would
benefit Riverside County, San Bernardino County, and my home,
Orange County, by reducing reliance on imported water from the
Sacramento-San Joaquin River Delta and Colorado Rivers. It
would reduce risk of wildfires, restore critical habitats for
endangered species, create local jobs, and save money for
consumers.
The Prado Basin ecosystem restoration project specifically
targets the removal of an invasive plant species known as
arundo donax, commonly known as giant reed. The giant reed
outcompetes native plant species, and is not edible for native
wildlife. It consumes a substantial amount of water compared to
native flora, which reduces water supplies.
Additionally, the giant reed plays a significant role in
the ignition and rapid spread of wildfires during droughts, due
to its rapid growth and substantial water requirements.
The Prado Basin ecosystem restoration project will remove
the giant reed and replace it with natural flora. This will
reduce wildfire risk, increase water supplies, and help native
species thrive. If this project were to be authorized, it would
restore 606 acres of land along the Santa Ana River, Chino
Creek, and Mill Creek, where endangered species such as the
southwestern willow flycatcher live. The U.S. Forest Service
listed the southwestern willow flycatcher as a federally
endangered species in 1995, after years of dwindling population
numbers due to the loss of their native riparian habitat.
The Prado River Basin ecosystem restoration project would
restore habitats not only for the southwestern willow
flycatcher, but for other endangered species, as well.
This restoration project would also create good jobs in my
community. A report has estimated that, for every $1 million
spent on watershed restoration and management, we can create
anywhere from 6.8 to 31.5 well-paying jobs. Based on the
average of these numbers, Orange County Water District has told
me that this project could create around 931 direct, indirect,
and induced jobs.
In addition to creating jobs, the Prado Basin feasibility
project would help our community reduce our carbon emissions.
Importing water from the Colorado River and from northern
California is an energy-intensive process. Pumping the water
over the Tehachapi Mountains requires a substantial amount of
energy, which also increases the cost of water when it reaches
consumers in southern California.
The restoration of natural flora and the removal of the
giant reed will save energy by significantly reducing our
reliance on imported water. The average annual energy savings
is 15 gigawatt hours, which translates to a reduction of 11,000
metric tons of carbon dioxide.
The Environmental Impact Report was certified in May 2021,
and that report concluded that this was the most efficient and
most cost effective plan compared to any proposed alternative.
The Prado Dam feasibility study conducted by the U.S. Army
Corps of Engineers, in cooperation with the Orange County Water
District, has similarly concluded that this project will
provide ratepayers with net savings of $7.5 million.
Now is the time for Congress to do our part and authorize
this project. Thank you for your consideration of this matter.
I urge my colleagues to support the authorization of the Prado
Basin ecosystem restoration project, and I would like to thank
the Orange County Water District for their leadership and
Senator Padilla for his work introducing companion legislation
through the Senate.
I yield back.
[Ms. Porter's prepared statement follows:]
Prepared Statement of Hon. Katie Porter, a Representative in Congress
from the State of California
Thank you, Chairwoman Napolitano and Ranking Member Rouzer, for
providing us this opportunity to share our district's priorities for
the Water Resources Development Act of 2022. I am here today to support
the authorization of the Prado Basin Ecosystem Restoration Project,
which is part of the dual-purpose Prado Basin Feasibility Study. This
project would benefit Riverside County, San Bernardino County, and my
home--Orange County--by reducing reliance on imported water from the
Sacramento-San Joaquin River Delta and Colorado Rivers. It would reduce
risk of wildfires, restore critical habitats for endangered species,
create local jobs, and save money for consumers.
The Prado Basin Ecosystem Restoration Project specifically targets
the removal of an invasive plant species known as arundo donax,
commonly known as giant reed. The giant reed outcompetes native plant
species and is inedible to native wildlife. It consumes a substantial
amount of water compared to native flora, which reduces water supplies.
Additionally, the giant reed plays a significant role in the ignition
and rapid spread of wildfires during droughts due to its rapid growth
and substantial water requirements. The Prado Basin Ecosystem
Restoration Project will remove the giant reed and replace it with
natural flora. This will reduce wildfire risk, increase water supplies,
and help native species thrive.
If this project were to be authorized, it would restore 606 acres
of land along the Santa Ana River, Chino Creek, and Mill Creek, where
endangered species, such as the southwestern willow flycatcher, live.
The US Forest Service listed the southwestern willow flycatcher as
federally endangered in 1995 after years of dwindling population
numbers due to the loss of their native riparian habitat.\1\ The Prado
River Basin Ecosystem Restoration Project would restore habitats for
not only the southwestern willow flycatcher, but other endangered
species as well.
---------------------------------------------------------------------------
\1\ Southwestern Willow Flycatcher. National Park Service (October
5, 2016) Retrieved at: https://www.nps.gov/articles/southwestern-
willow-flycatcher.htm
---------------------------------------------------------------------------
This restoration project would also create good jobs in my
community. A report estimated that for every one million dollars spent
on watershed restoration and management, we can create anywhere from
6.8 to 31.5 well-paying jobs.\2\ Based on the average of these numbers,
Orange County Water District estimated that this project could create
around 931 direct, indirect, and induced jobs.
---------------------------------------------------------------------------
\2\ BenDor T, Lester TW, Livengood A, Davis A, Yonavjak L (2015)
Estimating the Size and Impact of the Ecological Restoration Economy.
PLoS ONE 10(6): e0128339. https://doi.org/10.1371/journal.pone.0128339
---------------------------------------------------------------------------
In addition to creating jobs, the Prado Basin Feasibility Study
Project would help our community reduce our carbon emissions. Importing
water from the Colorado River and from Northern California is an energy
intensive process. Pumping imported water over the Tehachapi Mountains
requires a substantial amount of energy, which also increases the cost
of water when it reaches consumers in Southern California. The
restoration of natural flora and removal of the giant reed will save
energy by significantly reducing our reliance on imported water. The
average annual energy savings is 15 Gigawatt-hours, which translates to
a reduction of 11,000 metric tons of carbon dioxide.
The Environmental Impact Report for this project was certified in
May 2021. That report concluded that this was the most efficient and
cost-effective plan compared to proposed alternatives.\3\ The Prado Dam
Feasibility Study, conducted by the U.S. Army Corps of Engineers in
cooperation with the Orange County Water District, similarly concluded
that the Prado Basin Feasibility Study Project will provide ratepayers
with net savings of $7.5 million. Now it is time for Congress to do our
part and authorize this project.
---------------------------------------------------------------------------
\3\ Prado Basin Ecosystem Restoration and Water Conservation Study.
FINAL Environmental Impact Report. Retrieved at: https://www.ocwd.com/
media/9750/prado-basin-ecosystem-restoration-and-water-conservation-
project-final-eir.pdf
---------------------------------------------------------------------------
Thank you for your consideration on this matter. I urge my
colleagues to support the authorization of the Prado Basin Ecosystem
Restoration Project. I'd like to thank the Orange County Water District
for their leadership in spearheading this important project. And I'd
like to thank Senator Padilla for his work introducing companion
language in the Senate. I yield back my remaining time.
Mrs. Napolitano. Thank you, Ms. Porter. As you know, the
West is facing serious water supply challenges due to the
drought. I have asked the Corps to consider engaging more on
water supply issues at Corps projects. Why is this important?
Ms. Porter. Well, what we are going to--this project is
really important to the entire ecosystem of southern
California. And one of the things about this project is that
projects that we develop in southern California will have the
ability to also help preserve species and create water supply
further upstream.
So, to the extent that we can remove this invasive species,
we can reduce its water reliance on southern California,
preserving more of our water for ourselves. We are also going
to have an upstream effect on our neighbors in the Colorado
River and in northern California.
Mrs. Napolitano. Thank you very much. I find that quite
interesting, because I am interested also in Whittier Narrows,
which faces almost the same problem. And we are trying to get
the Corps to finish the infrastructure damage in Whittier
Narrows.
Thank you very much, Ms. Porter. Next I would like to
recognize our next Member, the gentlewoman from Michigan, Ms.
Tlaib, for 5 minutes.
You are on, ma'am.
Ms. Tlaib. Thank you so much, Chairwoman. I really
appreciate [inaudible].
Mrs. Napolitano. Microphone.
Ms. Tlaib. Oh, sorry, it has been a while.
[Laughter.]
TESTIMONY OF HON. RASHIDA TLAIB, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF MICHIGAN
Ms. Tlaib. Thank you so much, Chairwoman. I really
sincerely appreciate the opportunity to bring my residents, my
district into the room and to Congress. This opportunity to try
to prioritize some of the important work I think the Water
Resources Development Act can do for frontline communities like
mine is critical.
The communities I represent, Chairwoman, in southeast
Michigan, communities like Detroit, Romulus, Inkster, and
Dearborn Heights, they are frontline communities of this
climate crisis. Last summer these communities faced
unprecedented flooding. We didn't merely experience 100-year
rainfalls, we experienced a 1,000-year rainfall.
Our communities didn't even have the projections for these
events at all. Some homes flooded repeatedly, some even up to
four times within 2 months. Raw sewage flowed through the
streets in my communities. The flood maps and projections
within our communities that we rely on are inaccurate, and
don't account for our rapidly warming climate. And they are
simply just simply out of date. And the water infrastructure in
these communities is woefully inadequate, as you know.
Now extreme weather events are here, and many, many just
don't want to do anything about it. I refuse to accept this as
an option, Chairwoman. As the weather events increase with
frequency, communities need the tools to be prepared.
This year's WRDA presents an opportunity for our neighbors
to better understand the threats that we face due to climate
change, and it can equip us with a resilient water
infrastructure.
First, I encourage the committee to please offer support
for the Detroit Division of the Army Corps of Engineers and
their planning and identifying flood resilience for communities
like those around Ecorse Creek. Ecorse Creek impacts nine
communities in Wayne County, Michigan, which is the largest
populated county in the State.
I also encourage the Army Corps to conduct a feasibility
study for flood risk management in southeastern Michigan. This
is essential, Chairwoman.
Third, I encourage the committee to broaden environmental
assistance for Michigan by committing $35 million for projects
like wastewater treatment, water supply, environmental
restoration, and surface water resource protection.
I am so incredibly grateful to be joined by my good friend
and neighbor, Congresswoman Debbie Dingell, in these three
asks. Many of our communities are intertwined and connected.
Finally, while I applaud the committee for their work on
the 2020 bill, I encourage the committee to truly incorporate
the environmental justice components into drafting of the 2022
bill. The most daunting water infrastructure challenges our
Nation faces are borne directly by many of the Nation's most
vulnerable communities, neighborhoods like the one I grew up
in. I don't want the kids in that community--and again, the
same neighborhood--to think that it is not normal to have clean
water come through their faucet. That means doing even more,
Chairwoman, to ensure that the Army Corps of Engineers has the
tools and capacity to advance community-supported solutions as
they are, again, experiencing these impacts.
We should also increase capacity and expertise within the
Army Corps, and give the public more meaningful opportunities
to weigh in on the projects that affect their communities.
We should continue increasing opportunities for assistance
by building on and expanding the pilot program for economically
disadvantaged communities. Please extend that pilot program,
very essential.
Finally, we must maximize toxic remediation in ecological
restoration, navigation, and flood resilience projects. We
must--must--support minority-owned businesses, and we must
continue developing and advancing, again, environmental justice
innovation.
I thank Congressman Steve Cohen for joining me in this
request, as well, and for just a great ally in fighting for
environmental justice.
I appreciate the opportunity, Chairwoman, and all our
committee members, to share the priorities before this
committee, and respectfully request their inclusion in the 2022
Water Resources Development Act. Thank you so much.
[Ms. Tlaib's prepared statement follows:]
Prepared Statement of Hon. Rashida Tlaib, a Representative in Congress
from the State of Michigan
Thank you for giving me the opportunity to speak today, and share
four WRDA priorities that are critical to the communities I represent.
The communities I represent in Southeast Michigan--communities like
Romulus, Inkster, and Dearborn Heights--are on the front lines of the
climate crisis.
Last summer, these communities faced unprecedented flooding.
We didn't merely experience 100-year rainfalls. We experienced a
1,000-year rainfall--our communities didn't even have projections for
an event like this.
Some homes flooded repeatedly over the span of just a few months.
In some of these communities, raw sewage flowed through the streets.
The flood maps and projections our communities rely on don't
account for our rapidly warming planet and are simply out of date. And
the water infrastructure in these communities is woefully inadequate
for the extreme weather events we now face.
I refuse to accept this as our new normal.
As these catastrophic weather events increase in ferocity and
frequency, our communities need the tools to be prepared. This year's
WRDA presents an opportunity for my neighbors to better understand the
threats that we face due to climate change, and to be equipped with
resilient, modern water infrastructure.
First, I encourage the Committee to offer support to the Detroit
Division of the Army Corps of Engineers in planning and identifying
flood resilience for communities along Ecorse Creek.
I also encourage the Army Corps to conduct a feasibility study for
flood risk management in Southeast Michigan.
Third, I encourage the Committee to broaden environmental
assistance for Michigan by committing 35 million dollars for projects
like wastewater treatment, water supply, environmental restoration, and
surface water resource protection.
I'm very grateful to be joined by my good friend and neighbor
Congresswoman Dingell in these three requests.
Finally, while I applaud the Committee for their work on the 2020
WRDA bill, I encourage the Committee to truly incorporate environmental
justice into the drafting of the 2022 WRDA bill.
The most daunting water infrastructure challenges our nations faces
are borne directly by so many of the nation's most vulnerable
communities--including so many of the ones I represent.
That means doing even more to ensure that the Army Corps of
Engineers has the tools and capacity to advance community-supported
solutions to these challenges.
We should increase capacity and expertise within Army Corps, and
give the public more meaningful opportunities to weigh in on the
projects that affect their communities.
We should continue increasing opportunities for assistance by
building on and expanding the Pilot Program for Economically
Disadvantaged Communities.
Finally, we must maximize toxic remediation in ecological
restoration, navigation and flood resilience projects; we must support
minority-owned businesses; and we must continue developing and
advancing environmental justice innovation.
I thank Congressman Steve Cohen for joining me in this request, and
for being a stalwart ally in the fight for environmental justice.
I appreciate the opportunity to share my priorities before this
Committee, and respectfully request their inclusion in the 2022 Water
Resources Development Act. Thank you.
Mrs. Napolitano. You are very welcome, Ms. Tlaib, it was
very well put. Thank you for your testimony.
Ms. Tlaib. Thank you, ma'am.
Mrs. Napolitano. I would like to recognize the next Member,
the gentleman from Georgia, Mr. Allen, for 5 minutes.
By the way, are there any questions of Ms. Tlaib?
Hearing none, you are on, Mr. Allen.
Thank you, ma'am.
TESTIMONY OF HON. RICK W. ALLEN, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF GEORGIA
Mr. Allen. Thank you, Chairwoman, and thanks to the
committee for allowing me to provide this testimony and
highlight water issues that are critical to the 12th
Congressional District of Georgia, namely the issues we have
experienced with the Corps of Engineers regarding the New
Savannah Bluff Lock and Dam.
This project, which is required for environmental
mitigation as part of the Savannah Harbor expansion project, or
SHEP, is an issue with which my community has been at odds with
the Corps of Engineers for more than 6 years.
The Corps' insistence on removing or replacing the lock and
dam with a rock weir that will significantly lower the existing
pool would be catastrophic to our community. This historic lock
and dam's importance to the Augusta River region cannot be
overstated. Two States, both Georgia and South Carolina, are
affected, and businesses and municipalities rely on the pool of
water maintained by this dam.
If the dam were to be removed, the quality of life for our
entire region of the country would be negatively impacted.
Flooding, which is normally mitigated using the lock and dam,
could affect multiple cities on both sides of the river in
times of heavy rain. And when the Corps conducted a simulation
of their selected alternative, the effect on water level was so
drastic that boats were marooned, businesses had issues being
able to draw the water necessary to run their businesses, and
the banks of the river were unstable to the point where they
were falling in, resulting in the simulation being abandoned
earlier than planned because of the damage.
As the world gets a glimpse at Augusta in a few weeks as
home of the prestigious Masters Golf Tournament, to cause the
view from beautiful downtown Augusta to be that of areas of dry
mud and silt instead of a flowing river would be
unconscionable.
In 2019, an independent peer review was conducted, and the
report highlighted that there had been inconsistencies in cost
analysis, lack of consideration of other mitigation
alternatives that would not lower the pool, and lack of
information on whether or not the leading alternatives would
successfully pass fish overall. We should not spend taxpayer
dollars on a rock weir that this report says may even kill the
fish that we are trying to protect.
The Corps and local stakeholders are now in court-ordered
mediation after a Federal judge ruled that the Corps was not
following the word of the law in the 2016 WIIN Act when it
comes to maintaining that pool. The WIIN Act states that, with
modifications to accommodate fish passage, ``the structure is
able to maintain the pool for navigation, water supply, and
recreational activities, as in existence on the date of
enactment of the Act.'' This ruling was a win for our local
communities, and I am hopeful for a positive outcome that
maintains the pool and the required lock and dam.
I ask the members of this committee to work with me and my
colleague, Congressman Joe Wilson, to ensure that the interests
of our local communities are protected when it comes to the New
Savannah Lock and Dam. I appreciate your attention to this
important priority for our home States of Georgia and South
Carolina, and look forward to working with you through this
process.
[Mr. Allen's prepared statement follows:]
Prepared Statement of Hon. Rick W. Allen, a Representative in Congress
from the State of Georgia
Thank you, Chairwoman, and thank you to the committee for allowing
me to provide this testimony and highlight water issues that are
critical to the 12th Congressional District of Georgia--namely the
issues we have experienced with the Corps of Engineers regarding the
New Savannah Bluff Lock and Dam.
This project, which is required for environmental mitigation as
part of the Savannah Harbor Expansion Project, or SHEP, is an issue
with which my community has been at odds with the Corps of Engineers
for more than six years. The Corps' insistence on removing and
replacing the Lock and Dam with a rock weir that will significantly
lower the existing pool would be catastrophic for my community.
This historic lock and dam's importance to the Augusta River Region
cannot be overstated. Two states--both Georgia and South Carolina--are
affected; and businesses and municipalities rely on the pool of water
maintained by the dam. If the dam were to be removed, quality of life
for an entire region of the country would be negatively impacted.
Flooding, which is normally mitigated using the Lock and Dam, could
affect multiple cities on both sides of the river in times of heavy
rain. And when the Corps conducted a simulation of their selected
alternative, the effect on water level was so drastic that boats were
marooned, businesses had issues being able to draw water and banks were
unstable to the point where they were falling in, resulting in the
simulation being abandoned earlier than planned. As the world gets a
glimpse at Augusta in a few weeks as home of the beautiful Masters golf
tournament, to cause the view from beautiful downtown Augusta to be
that of areas of dry mud and silt instead of a flowing river would be
unconscionable.
In 2019, an Independent Peer Review was conducted, and the report
highlighted that there have been inconsistencies in cost analysis, lack
of consideration of other mitigation alternatives that would not lower
the pool, and lack of information on whether or not the leading
alternatives would successfully pass fish overall. We should not spend
taxpayer dollars on a rock weir that this report says may even kill the
fish we're trying to protect!
The Corps and local stakeholders are now in court-ordered mediation
after a federal judge ruled that the Corps was not following the word
of the law of the 2016 WIIN Act when it comes to maintaining the pool.
The WIIN Act states that with modifications to accommodate fish
passage, ``the structure is able to maintain the pool for navigation,
water supply and recreational activities, as in existence on the date
of enactment of this Act.'' This ruling was a win for our local
communities and I am hopeful for a positive outcome that maintains the
pool and the lock and dam.
I ask the members of this committee to work with me and my
colleague, Congressman Joe Wilson, to ensure that the interests of our
local communities are protected when it comes to the New Savannah Bluff
Lock and Dam. I appreciate your attention to this important priority
for our home states of Georgia and South Carolina and look forward to
working with you throughout this process.
Mrs. Napolitano. Thank you very much, Representative Allen.
Are there any questions of Mr. Allen?
Seeing and hearing none, thank you, sir.
Mr. Allen. Yes, ma'am.
Mrs. Napolitano. Mr. Soto, you are recognized.
I would like to recognize our next Member, the gentleman
from Florida, Mr. Soto, for 5 minutes.
You are on, sir.
TESTIMONY OF HON. DARREN SOTO, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF FLORIDA
Mr. Soto. Thank you, Madam Chair and Members.
Florida's Ninth Congressional District is home to the
northern Everglades, starting just north of us, going all the
way down through the Kissimmee chain of lakes in our district,
through Lake Okeechobee and the Kissimmee River, and out to
what we know as the river of grass, the Everglades. It is home
to bald eagles, snail kites, championship bass fishing, and
boating. And my district also happens to be the fastest growing
district in the Nation. We grew 40 percent over these last 10
years, according to the census.
So, there have been huge growth challenges with protecting
the Kissimmee chain of lakes, which is why, first and foremost,
we have worked on getting the Army Corps of Engineers to
address issues with removal of aquatic growth, more
specifically hydrilla, an issue that has continued to be a
problem for both fishing and quality of life, for quality
water, and for boating, as well as to help protect water
flowing through the Everglades. And we appreciate the
opportunity to be able to discuss that today.
I have the honor of living right on Lake Tohopekaliga in
the Kissimmee chain of lakes, and see it firsthand, along with
my neighbors.
In addition, we have project requests for the Lake
Okeechobee watershed restoration project, which would help with
freshwater releases to the Caloosahatchee and Saint Lucie
Estuaries, as well as helping with the Kissimmee River channel.
Not only is this critical for the Everglades, but also for
endangered species like the manatee, which, because of the flow
of nutrients out of Lake O, we have seen it be in jeopardy.
In addition, we have the North Lake Toho restoration and
water quality project to help remove legacy sediments. For many
years, north of us in Orange County, we saw many sediments flow
into the Kissimmee chain of lakes. Thank God that stopped
decades ago. But the legacy of that is still there. And so
removing certain sediments for flood storage and flow through
Mill Slough and East City Ditch are critical. We faced flooding
there during Hurricane Irma back in 2017.
Then there is the Lake Runnymede restoration project, which
also deals with vegetative growth, protecting ecological
functions and fish habitat and wading birds. The nutrient load
in--excuse me--in East Lake Toho due to sediment flows from
Lake Runnymede is also an issue facing the northern Everglades.
But we can stop it. We can fix it with WRDA funding to protect
both the quality of life in our district and critical species.
In addition, the Lake Tohopekaliga-Kissimmee Lakefront
restoration and water quality improvement project helps with
the north shore area of Lake Tohopekaliga to allow ecosystems
to flow through, a similar theme throughout with hydrilla, with
nutrient and sediment flows in the upper Kissimmee Basin.
And then, of course, the Lancaster Park flood plain
improvement project to help Shingle Creek, the headwaters of
the Everglades, and also a key water body flowing through
Disney.
And finally, we have the Polk County Derby Ditch drainage
improvement project to help out another fast-growing area in
Auburndale and Winter Haven, Florida--that is citrus country
out there--and improve flooding that happened during Hurricane
Irma.
And Orange County's aquifer storage reservoir chemical
addition project would help improve clean drinking water in the
Orange County area--again, part of the fastest growing areas in
central Florida.
And with that I want to yield back the remainder of my
time, and I am happy to answer questions, Madam Chairwoman.
[Mr. Soto's prepared statement follows:]
Prepared Statement of Hon. Darren Soto, a Representative in Congress
from the State of Florida
Chairman DeFazio, Ranking Member Graves, thank you for allowing me
to testify before the Committee about my priorities for the Water
Resources Development Act of 2022.
Among the requests I made is to allow the Army Corp of Engineers to
use cooperative agreements with Florida to execute work under the
Removal of Aquatic Growth (RAG) program. The Cooperative Agreement adds
flexibility and efficiency both fiscally and technically to project
execution.
My project requests include:
The Lake Okeechobee Watershed Restoration Project, which
has a Chief's report on the way and would improve the quantity, timing
and distribution of water entering Lake Okeechobee, provide for better
management of Lake Okeechobee water levels, reduce large freshwater
releases to the Caloosahatchee and St. Lucie estuaries, improve system-
wide operational flexibility, and restore portions of the historic
Kissimmee River Channel and floodplain.
The North Lake Toho Restoration and Water Quality
Project, which would remove legacy sediments within the north lobe of
Lake Tohopekaliga to improve flood storage and reduce sediment within
Mill Slough and East City Ditch.
The Lake Runnymede Restoration Project, which would
restore the lake to pre-development status and return appropriate
vegetative cover within the lake to support appropriate ecological
functions including essential fish habitat, wading bird foraging, and
reduction of nutrient loading to East Lake Tohopekaliga due to sediment
flows from Lake Runnymede.
The Lake Tohopekaliga-Kissimmee Lakefront Restoration and
Water Quality Improvement Project, which would restore parts of the
north shore of Lake Tohopekaliga to allow ecosystem restoration and
reduction of nutrient and sediment flow to the Upper Kissimmee Basin of
the Lake Okeechobee Watershed. It would improve essential fish habitat
and improve foraging and nesting habitat for the Everglades Snail Kite.
The Lancaster Park Floodplain Improvement Project would
restore and expand Shingle Creek to allow for flood storage and reduced
floodway stages while retaining the historic character of the creek.
In terms of environmental infrastructure requests, I'd like to
advocate for:
Polk County's Derby Ditch Drainage Improvement Project,
which would consist of the design, permitting, right-of-way/easement
acquisition and construction of a drainage improvement to pipe an
existing 1.36 miles of open drainage channel that conveys stormwater
from a watershed that extends from Main Street in Auburndale to Lake
Jessie in Winter Haven.
Orange County's Aquifer Storage Reservoir (ASR) Chemical
Addition Project which includes the design and construction of drinking
water infrastructure improvements through a chemical feed system to
reduce the dissolved oxygen in the potable water prior to injection
into the Aquifer Storage Reservoir (ASR). The reduction in dissolved
oxygen will eliminate arsenic leaching into the storage reservoir and
will allow OCU to optimize the facility. The benefits include
flexibility to meet peak and maximum day demands and increased water
quality for customers.
Mr. Chairman, Ranking Member Graves, I look forward to working with
you to advance my priorities in this bill and I welcome any questions
you may have. Thank you and I yield back.
Mrs. Napolitano. Thank you very much, Mr. Soto.
Any questions of Mr. Soto?
Hearing and seeing none, thank you very much for your
testimony, and we will recognize our next Member, Mr. Higgins
from New York.
You are on for 5 minutes, sir.
TESTIMONY OF HON. BRIAN HIGGINS, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF NEW YORK
Mr. Higgins of New York. Thank you very much, Madam Chair
and Chairs DeFazio and Napolitano, Ranking Members Graves and
Rouzer, members of the committee. Thank you for giving me the
opportunity to advocate on behalf of my community to make sure
that our freshwater sources in the Great Lakes continue to be
preserved long into the future.
One way this Congress can protect the health of the Great
Lakes and Lake Erie is by proactively addressing the growing
threat of harmful algal blooms, and promoting clean drinking
water infrastructure in this year's Water Resources Development
Act.
Harmful algae blooms are caused by nonpoint source
pollution like nutrient runoff. They create dead zones where
plants and animal life cannot survive. These toxic blooms emit
damaging chemicals into bodies of water, and they are dangerous
to humans.
In 2014, an algal bloom in western Lake Erie near Toledo,
Ohio, shut down the city's drinking water system for 2 complete
days.
Algal blooms have been spotted in eastern Lake Erie, as
well, near Presque Isle and Erie, Pennsylvania, 90 miles from
Buffalo.
The Army Corps has conducted pilot projects to fight algal
blooms in Florida, as well as smaller lakes across New York
State, but we need to take seriously the threat algal blooms
pose to the health of one of our continent's largest sources of
freshwater.
This committee and this Congress should take this threat
seriously, and put forth resources to proactively address it. I
have proposed language to begin this work at Lake Erie, and I
respectfully request this committee include that proposal in
your bill.
I also urge this committee to fortify the infrastructure
that our communities rely on to deliver clean drinking water.
As water infrastructure ages, maintenance becomes a larger
component of local government budgets.
For example, the Colonel Ward Pumping Station and
Filtration Plant is a critical piece of the city of Buffalo's
drinking water system. A historic engineering achievement at
the time of its construction in the early 20th century, the
pumping station's tunnels were the largest of their kind in all
of the Great Lakes. Lake Erie's waves and ice have damaged the
seawall protecting the pumping station and the adjacent Ralph
C. Wilson, Jr. Centennial Park, which is undergoing a
renaissance of its own.
The Army Corps has done good work to repair the north
section of the seawall. I hope their work can continue at the
southern piece to reinforce protection to the pumping station
and park.
I urge my colleagues to support these efforts to reinforce
the progress we have made on the Great Lakes, and protect our
drinking water infrastructure.
Thank you, and I yield back.
[Mr. Higgins' prepared statement follows:]
Prepared Statement of Hon. Brian Higgins, a Representative in Congress
from the State of New York
Chairs DeFazio and Napolitano, Ranking Members Graves and Rouzer,
Members of the Committee,
Thank you for giving me the opportunity to advocate on behalf of my
community to make sure our fresh water sources in the Great Lakes
continue to be preserved long into the future.
One way this Congress can protect the health of Lake Erie by
proactively addressing the growing threat of harmful algal blooms and
promoting clean drinking water infrastructure in this year's Water
Resources Development Act.
Harmful algal blooms are caused by non-point source pollution, like
nutrient runoff. They create dead zones where plant and animal life
cannot survive.
These toxic blooms emit damaging chemicals into bodies of water.
And they are dangerous to humans.
In 2014, an algae bloom in western Lake Erie near Toledo, Ohio,
shut down the city's drinking water systems for two days.
Algae blooms have been spotted in eastern Lake Erie as well, near
Presque Isle and Erie, Pennsylvania--90 miles from Buffalo.
The Army Corps has conducted pilot projects to fight algal blooms
in Florida, as well as in smaller lakes across New York State.
But we need to take seriously the threat algal blooms pose to the
health of one of our continent's largest sources of fresh water.
This committee, and this Congress, should take this threat
seriously and put forth resources to proactively address it.
I have proposed language to begin this work at Lake Erie, and I
respectfully request this committee include that proposal in your bill.
I also urge this committee to fortify the infrastructure that our
communities rely on to deliver clean drinking water.
As water infrastructure ages, maintenance becomes a larger
component of local government budgets.
For example, the Colonel Ward Pumping Station and Filtration Plant
is a critical piece of the city of Buffalo's drinking water system.
A historic engineering achievement, at the time of its construction
in the early twentieth century, the pumping station's tunnels were the
largest of their kind in the Great Lakes.
Lake Erie's waves and ice have damaged the seawall protecting the
pumping station and the adjacent Ralph C. Wilson Jr. Centennial Park,
which is undergoing a renaissance of its own.
The Army Corps has done good work to repair the north section of
the seawall. I hope their work can continue at the southern piece to
reinforce protection to the pumping station and park.
I urge my colleagues to support these efforts to reinforce the
progress we've made on the Great Lakes and protect our drinking water
infrastructure. Thank you and I yield back.
Mrs. Napolitano. Thank you so much, Mr. Higgins, for your
testimony.
And are there any questions for Mr. Higgins?
Hearing and seeing none, thank you, sir. You are very
welcome to any more comments you may have.
I now would like to recognize our next Member, the
gentleman from New Jersey, Mr. Gottheimer, for 5 minutes.
You are on, sir.
TESTIMONY OF HON. JOSH GOTTHEIMER, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF NEW JERSEY
Mr. Gottheimer. Thank you, Chairwoman and Ranking Member. I
greatly appreciate you hosting this important hearing, and for
having us here today. I appreciate you seeking input as you
prepare a new Water Resources Development Act, and I am here
today to advocate for several water resource and water
infrastructure priorities important in North Jersey.
I have submitted five requests to the committee, and I am
hopeful they will include them in the final WRDA we enact this
year. My requests include the following.
First, to create an authority for the Army Corps of
Engineers to be able to perform the design and construction of
necessary remediation of hazardous, toxic, and radioactive
waste contamination projects as part of the construction of a
project. We must take steps to protect our water, air, and our
open spaces for our children and grandchildren, and pragmatic,
commonsense action in our fight for the future of our
communities and our planet.
Second, to create an authority that will allow
reimbursement to homeowners for the costs of relocation and
required upgrades as part of nonstructural measures. Just look
at Hurricane Ida, what it did in my State, from flooding homes
and, sadly, taking so many lives. Every time we have another
bad storm, it is costing insurers, taxpayers, and families a
fortune.
Third, along with Representative Tonko, and as a cosponsor,
I have submitted the text of the New York-New Jersey Watershed
Protection Act to the committee. This bill would include the
adoption of a watershed-wide restoration strategy in
consultation with the Corps of Engineers to coordinate, fund,
and provide technical assistance for conservation and
restoration activities that strengthen flood controls, restore
outdated dams, improve water quality, and increase public
access to these vital water resources. The New York-New Jersey
watershed is home to more than 20 million people, more than 200
fish species, and some of the most endangered rivers in the
United States due to the high levels of PCPs.
Fourth, along with Representative Pascrell's office, I have
submitted a request for the Corps of Engineers to partner with
several North Jersey municipalities, including Lodi, Maywood,
and Rochelle Park to conduct a feasibility study regarding
flood controls. According to these local communities, flooding
from Hurricane Ida caused significant damage, resulting in
evacuations of hundreds of residents and seniors, with many
still in temporary housing. We desperately need the Federal
Government to step in and help residents, families, and local
governments mitigate the problem before more disasters occur.
Finally, I submitted a policy request to the committee
granting the Corps of Engineers authority to study and address
the impact of sea level rise on projects. Currently, sea level
rise is only studied when its impacts are incorporated into
coastal storm risk features that are authorized for
construction. Sea level rise by itself is not examined if it is
not related to a storm risk feature being authorized. This is
problematic, because an area where no coastal storm risk
features are recommended may, in fact, be impacted by sea level
rise in the future. But the Corps does not include that without
a specifically recommended project feature.
We are in the middle of a major climate crisis, as we all
know. Look at the last few years--the unprecedented wildfires,
record high temperatures, shorter winters, and rising water
levels off the Jersey shore. For New Jersey and for our whole
planet, we must take action that will help us tackle climate
change now and not later, so that our country and State will
have clean air and water for future generations.
In addition to these priorities, I would be remiss if I
didn't highlight the critical water investments made in our
historic once-in-a-century bipartisan infrastructure bill last
November, now being implemented across the country.
Back home in Jersey, we have 350,000 lead service lines,
according to the American Water Works Association. That is a
lead pipe that connects a water main to premises like a home or
school. We know that lead can have nefarious and terrible
impacts on children, on their health, and on families. Overall,
nationwide, our bipartisan infrastructure bill will make a $55
billion investment in clean drinking water and clean water,
which represents the largest investment in American history to
help our children and families.
New Jersey will expect to claw back $1 billion over 5 years
from the bipartisan infrastructure bill to improve water
infrastructure across our State and to ensure that clean, safe
water is a right for our kids and families. Investments will go
toward the replacement of lead service lines and toward
emergencies involving lead in drinking water, assistance for
small communities like those in Sussex and Warren Counties and
across North Jersey and, of course, help for schools across the
Fifth Congressional District.
I have been helping lead the fight to make sure investment
from the infrastructure bill goes to projects in North Jersey,
including water infrastructure projects in Fair Lawn, and flood
mitigation in Hillsdale, New Milford, and Westwood.
Making the investment we need to deliver clean drinking
water to every American is a bipartisan issue that can bring
everyone and must bring everyone together.
Thank you so much for holding this important hearing and
allowing me to discuss these critically important projects and
issues facing our families and small businesses and communities
in northern New Jersey. I am confident that, if we work
together, we can mitigate flooding, combat climate change, and
ensure we have clean drinking water for our communities. Thank
you so much.
I look forward to continuing to work with you on these
important issues here in the greatest country in the world. I
yield back. Thank you.
[Mr. Gottheimer's prepared statement follows:]
Prepared Statement of Hon. Josh Gottheimer, a Representative in
Congress from the State of New Jersey
Thank you, Chairman DeFazio, Ranking Member Graves, Subcommittee
Chairwoman Napolitano, Subcommittee Ranking Member Rouzer, and to the
members of the Committee, I greatly appreciate you hosting this
important hearing and for having us here today. I appreciate you
seeking input as you prepare a new Water Resources Development Act, and
I am here today to advocate for several water resources and water
infrastructure priorities important for North Jersey. I have submitted
five requests to the Committee, and I'm hopeful they will be included
in the final WRDA we enact this year.
My requests include the following.
First, to create an authority for the Army Corps of Engineers to be
able to perform the design and construction of necessary remediation of
hazardous, toxic, and radioactive waste contamination on projects as
part of the construction of a project. The cost will remain a non-
federal sponsor's responsibility and the federal government will not
bear responsibility for liability in the clean-up of any hazardous,
toxic, and radioactive waste necessary for the construction of a
project.
We must take steps to protect our water, air, and our open spaces
for our children and grandchildren--pragmatic, commonsense action in
our fight for the future of our communities and our planet.
Second, to create an authority that will allow reimbursement to
homeowners for the costs of relocation and required upgrades as part of
non-structural measures. Under current practice, if a project
recommends elevation of a home, the homeowner is responsible for any
relocation costs. My proposal would allow reimbursement to homeowners
for those costs. It could also allow the costs of required upgrades to
be reimbursed to homeowners as part of the non-structural measures--
such as required sewer upgrades or other required measures.
Just look at Hurricane Ida and what it did in my state--flooding
homes and, sadly, taking many, many lives. Every time we have another
bad storm, it is costing insurers, taxpayers, and families a fortune.
Third, along with Representative Tonko and as a cosponsor, I have
submitted the text of the New York-New Jersey Watershed Protection Act
to the Committee. This bill would include the adoption of a watershed-
wide restoration strategy in consultation with the Corps of Engineers
to coordinate, fund, and provide technical assistance for conservation
and restoration activities that strengthen flood controls, restore
outdated dams, improve water quality, and increase public access to
these vital water resources.
The New York-New Jersey Watershed is home to more than 20 million
people, more than 200 fish species, and some of the most endangered
rivers in the U.S., due to high levels of polychlorinated biphenyls
(PCBs).
Fourth, along with Representative Pascrell office, I have submitted
a request for the Corps of Engineers to partner with several North
Jersey municipalities--including the Borough of Lodi, Township of
Saddle Brook, Township of Rochelle Park, the Borough of Maywood, the
City of Garfield, the Township of South Hackensack, and the Borough of
Wallington--to conduct a feasibility study regarding flood control.
According to these local communities, flooding from Hurricane Ida
caused significant damage, resulting in evacuations of hundreds of
residents--with many still in temporary housing. We desperately need
the federal government to step in and help residents, families, and
local governments mitigate the problem before more disasters occur.
Finally, I submitted a policy request to the Committee granting the
Corps of Engineers authority to study and address the impact of sea
level rise on projects. Currently, sea level rise is only studied when
its impacts are incorporated into coastal storm risk features that are
authorized for construction. Sea level rise by itself is not examined
if it is not related to a storm risk feature being authorized. This is
problematic because an area where no coastal storm risk features are
recommended may in fact be impacted by sea level rise in the future,
but the Corps does not include that without a specifically recommended
project feature.
We are in the middle of a major climate crisis. Just look at the
last few years--the unprecedented wildfires, record high temperatures,
shorter winters, and rising water levels off the Jersey shore.
For New Jersey and for our whole planet, we must take action that
will help us tackle climate change now and not later, so that our
country and state will have clean air and water for future generations.
In addition to these priorities, I'd be remiss if I didn't
highlight the critical water investments made in our historic
Bipartisan Infrastructure Bill last November, now being implemented
across the country.
Back home in New Jersey, we have 350,000 lead service lines,
according to the American Water Works Association. That's a lead pipe
that connects a water main to premises like a home or school.
Overall, nationwide, our Bipartisan Infrastructure Bill will make a
$55 billion investment in clean drinking water--which represents the
largest investment in American history.
New Jersey will expect to claw back $1 billion over five years from
the Bipartisan Infrastructure Bill--to improve water infrastructure
across our state and to ensure that clean, safe drinking water is a
right for our kids and families.
Investment will go toward the replacement of lead service lines,
and toward emergencies involving lead in drinking water, assistance for
small communities, like those in Sussex and Warren Counties and across
North Jersey, and of course, help for schools across the Fifth
Congressional District.
I've been helping lead the fight to make sure investment from the
infrastructure bill goes to projects in North Jersey, including water
infrastructure improvements in Fair Lawn, and flood mitigation in
Hillsdale, New Milford, and Westwood.
Making the investment we need to deliver clean drinking water to
every American is a bipartisan issue that can bring everyone together.
Thank you for holding this important hearing, and allowing me to
discuss these critically important projects and issues facing our
families, small businesses, and communities. I am confident that if we
work together we can mitigate flooding, combat climate change, and
ensure we have clean water for our communities. I look forward to
continuing to work with you on these important issues.
Mrs. Napolitano. Thank you for your testimony, sir. Mr.
Gottheimer, it is very good to hear all of the things that you
have mentioned. I think all of us have the same problems.
Mr. Gottheimer. Thank you, Chair.
Mrs. Napolitano. Thank you.
Mr. Gottheimer. Thank you.
Mrs. Napolitano. Next I would like to recognize a gentleman
from California, Mr. Costa, for 5 minutes. He is online.
TESTIMONY OF HON. JIM COSTA, A REPRESENTATIVE IN CONGRESS FROM
THE STATE OF CALIFORNIA
Mr. Costa. Thank you very much, Madam Chairperson, for your
leadership and this important hearing that your subcommittee is
holding.
And let me also take a moment to congratulate you on the
award that you recently received from the Army Corps of
Engineers and other water agencies, well deserved, for your
countless efforts over the years on trying to address water
needs not only in California, but throughout our country. And
congratulations, well deserved. And thank you.
Madam Chairperson, Ranking Member, I want to provide
members of the committee what I think are priorities and
projects that obviously [inaudible] my constituency that I
think have good best management practices for water use not
only in California, but throughout the country.
Last year, Democrats and Republicans in Congress came
together to pass a very, very important bipartisan
infrastructure package. I continue to say and advocate for
investments in our infrastructure that we have been living off
the--those investments our parents and grandparents have made a
generation or two ago. This passage of this important
legislation last year signed by the President gives us an
opportunity to begin making those investments that are long
overdue.
We have that opportunity to leverage this not only with
Federal funds, but in many cases with State and local dollars.
This infrastructure that we have throughout our Nation is
aging. We know that. We absolutely have to continue to invest,
I believe, in clean drinking water and watersheds to protect
water quality.
At the same time, we need to invest in California,
particularly, but elsewhere to improve our water supply, a
reliable water supply, to protect communities in terms of the
need to produce food. Food is a national security issue. Every
day, putting food on America's dinner table is really a
national security issue, and we should treat it as such. But we
also have flood control issues that we have to deal with, as
well.
The reality of climate change, I think, has made supporting
more reliable water reserves even more critical. We all know
Western States are again experiencing severe, severe drought
conditions. According to some experts, this year was merely a
continuation of the so-called mega-drought that has been
happening for now 20 years. I believe it is the new normal. We
average waterfall and rainfall and water supply in California
on 10-year averages. And when you look at the 10-year averages,
we don't have the infrastructure that tries to provide the
balance on years when we have above average rainfall and snow,
on years where we have below average. And we are in one of
those times.
California in 2021 was the second driest year recorded,
spanning more than 100 years since we have been keeping
records. Let me repeat that: 2021 was the second driest year in
recorded history in California. More frequent and the more
intense droughts caused by climate change requires us to plan,
to adapt, and to rethink how we manage our infrastructure and
utilize our resources for our food, for our cities, and for the
environment.
I want, with that in mind, to highlight a couple of
proposed resources in my district to reoperate the Redbank and
Fancher Creek projects. These are reservoirs, originally
designed primarily for flood control purposes, but local water
managers are now rethinking, and have a proposal that would
reoperate these not only to provide for flood control, but to
maximize groundwater recharge in wet years.
I know the chairwoman has done really remarkable things in
the southern California basin in her efforts to deal with
recharge. This is a similar example. It is critical for
improving long-term sustainability of depleted groundwater
basins, and for improving water supply rate reliability by
having more water on hand in the dry years. And man, we are in
those dry years.
With ongoing drought and limited surface water supplies, we
must use every tool in our water toolbox, every tool in our
water toolbox to get much-needed infrastructure in place.
We also have the opportunity to use the Army Corps programs
to enhance critical habitats for listed species, make ecosystem
improvements to rivers and watersheds, such as efforts that we
have been able to do in California. If done carefully in
collaboration with impacted stakeholders, we have the
opportunity to not only provide greater water reliability, but
also to improve and sustain our agriculture, our food, which
is, obviously, impacted by these drought conditions and the
lack of investments.
We also have an opportunity to deal with threatened and
endangered species. In California, we are on the verge of
trying a new approach to adaptive management in our water
system known as voluntary agreements. If successful, these
voluntary agreements give us an opportunity to create more
collaborative management structure to compare current
regulatory efforts.
This strategy would also avoid costly and time consuming
litigation. Being engaged in battles in courts do not resolve
our water supply. The strategy would also avoid costly and time
consuming litigation, and it would also kickstart ecosystem
restoration efforts that benefit some of the iconic rivers and
improve our Bay-Delta restoration.
Mrs. Napolitano. Mr. Costa, your time is up.
Mr. Costa. Well, thank you very much, Madam Chairman, and I
look forward to working with you and the subcommittee as we
deal with the importance of all of these issues. Thank you.
[Mr. Costa's prepared statement follows:]
Prepared Statement of Hon. Jim Costa, a Representative in Congress from
the State of California
Thank you very much, Mr. Chairman and Ranking Member. I want to
thank this committee for providing the opportunity for Members to
present on our priorities and projects as you work to write the Water
Resources Development Act.
Last year, Democrats and Republicans in Congress came together to
pass the Bipartisan Infrastructure Law. By passing this historic
legislation, we are investing in a better future for America--one
focused on an equitable future, rather than restoring the past.
I have long said that we are living off the investments that our
parents (and our grandparents) made a generation (or two) ago. Now,
with the funding provided through the Bipartisan Infrastructure Law, we
are finally making long-needed investments of our own.
Now, we have the opportunity to leverage the investments in the
Bipartisan Infrastructure Law through advancement of the WRDA bill.
Our water infrastructure is aging. We absolutely need to continue
investing in clean drinking water and improving watersheds to protect
water quality. At the same time, we also need to invest in our overall
water supply and to protect communities threatened by flooding. The
food on American tables every night depends on a reliable water supply.
The reality of climate change has made supporting more reliable
water reserves even more critical. We all know the Western United
States is once again experiencing severe drought conditions. According
to some experts, this year was merely the continuation of a so-called
``megadrought'' happening over the last 20 years across the west.
In California, 2021 was the second driest year in a record spanning
more than 100 years. The more frequent and more intense droughts caused
by climate change require us to plan, adapt, and rethink how we manage
our infrastructure and utilize our resources.
With that in mind, I want to highlight a proposal in my district to
reoperate the Redbank and Fancher Creeks Project. These reservoirs were
originally designed primarily for flood control but local water
managers are proposing it be reoperated to maximize groundwater
recharge in wet years.
This is critical for improving the long-term sustainability of
depleted groundwater basins and for improving water supply reliability
by having more water on hand in dry years. With ongoing drought and
limited surface water supplies, we must use every tool in our water
toolbox to maximize our water supply by getting the most out of our
water infrastructure.
We also have the opportunity to utilize Army Corps programs to
enhance critical habitats for listed species and make ecosystem
improvements to rivers and watersheds. Such efforts in California--if
done carefully and in collaboration with impacted stakeholders--have
the opportunity to not only provide greater water supply reliability
for the largest agricultural economy in the United States, but to also
improve conditions for threatened and endangered species.
In California, we are on the verge of trying a new approach to
adaptively manage our water system, known as Voluntary Agreements. If
successful, the Voluntary Agreements give us the opportunity to create
a more collaborative management structure compared to current
regulatory efforts. This strategy would also avoid costly and time-
consuming litigation, make progress on developing a more reliable water
system in California, and kickstart ecosystem restoration efforts that
would benefit iconic rivers, species, and the Bay-Delta.
Successfully implementing the Voluntary Agreements requires a
collaborative partnership between local stakeholders, the State of
California, and the federal government to restore the reliability of
domestically produced food supply and to restore nationally important
ecosystems.
I hope to work with this committee, and the Army Corps, to make
federal investment and technical assistance available to successfully
implement these game-changing efforts.
Mr. Chairman, I look forward to working with you on this critical
legislation to ensure it maximizes the benefits to my constituents in
California's San Joaquin Valley and to our nation.
Mrs. Napolitano. Thank you very much for your testimony,
sir. And now I will turn it over to Mr. Rouzer to introduce the
next Member.
Mr. Rouzer [presiding]. Well, thank you, Madam Chair. I
would like to recognize our next witness, the gentlewoman from
Illinois, Mrs. Miller, for 5 minutes.
TESTIMONY OF HON. MARY E. MILLER, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF ILLINOIS
Mrs. Miller of Illinois. Thank you for the opportunity,
Chairman Napolitano, to address this committee on behalf of the
constituents of the Illinois 15th Congressional District.
On behalf of my constituents, I would like to highlight the
need to improve our Nation's traditional infrastructure, such
as revitalizing our bridges and dams and facilitating commerce.
This is why I wish the infrastructure bill was passed fully
focused on traditional infrastructure.
I especially want to emphasize the need for continued work
on lock and dam 25 in my district. Illinois' economy is
diverse, as it is supported by agriculture, energy, and
manufacturing. These industries require a robust transportation
network to get products to market. Nearly every bushel of
soybeans, corn, and other grain transported along the
Mississippi River from Illinois will pass through lock and dam
25.
I appreciated President Trump's support for traditional
infrastructure and, specifically, for the upper Mississippi
locks 20 through 25. Completing lock and dam 25 is critically
important to grain handlers and agricultural exporters in my
district, and will increase U.S. agricultural competitiveness
as a whole.
I ask that the committee bear these priorities in mind when
developing the Water Resources Development Act, and keep
radical Green New Deal priorities out of the bill, especially
as we face $5 per gallon gasoline.
Again, I thank you for your consideration and the chance to
speak to you today. As a member of the Agriculture Committee, I
look forward to working with your committee to address these
issues, which are critically important to my fellow farmers.
Thank you.
[Mrs. Miller's prepared statement follows:]
Prepared Statement of Hon. Mary E. Miller, a Representative in Congress
from the State of Illinois
Chairman DeFazio and Ranking Member Graves: thank you for the
opportunity to testify on behalf of Illinois' 15th District.
On behalf of my constituents, I would like to highlight the need to
improve our nation's traditional infrastructure--such as revitalizing
our bridges and dams and facilitating commerce. This is why I wish the
infrastructure bill was passed, fully focused on traditional
infrastructure.
I especially want to emphasize the need for continued work on Lock
and Dam 25 in my district.
Illinois' economy is diverse, as it is supported by agriculture,
energy, and manufacturing. These industries require a robust
transportation network to get products to market. Nearly every bushel
of soybeans, corn, and other grain transported along the Mississippi
River from Illinois will pass through Lock and Dam 25.
I appreciated President Trump's support for traditional
infrastructure, and specifically, for the Upper Mississippi Locks 20-
25. Completing Lock and Dam 25 is critically important to grain
handlers and agricultural exporters in my district and will increase
U.S. agricultural competitiveness as a whole.
I ask that the Committee bear these priorities in mind when
developing the Water Resources Development Act and keep radical, Green
New Deal priorities out of the bill, especially as we face $5 per
gallon for gasoline.
Again, I thank you for your consideration and the chance to speak
to you today. As a member of the Agriculture Committee, I look forward
to working with your committee to address these issues that are
critically important to my fellow farmers.
Mr. Rouzer. Now I would like to recognize our next witness,
the gentleman from California, Mr. Issa, for 5 minutes.
TESTIMONY OF HON. DARRELL ISSA, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF CALIFORNIA
Mr. Issa. Good morning and thank you, Chair Napolitano and
Ranking Member Rouzer, for the leadership that you are
supplying here today, and for your giving me this opportunity.
As the Chair knows, as Californians, we have a phenomenon,
which is the further north you go in California, the more rain
you get; the further south you go, the less rain you get. I am
as far south as you can go, and if we get 7 inches in a good
year, it is a really good year. That is one of the reasons
that, when I have reviewed the dozens of requests for specific
programs, I looked at those that particularly would help us
with the limited amount of water we have.
My first request is the Padre Dam Municipal Water District,
which is a key partnership for all of San Diego County. So even
though it is in the East County Advanced Water Purification
Program, it is actually a project uphill from all of the rest
of San Diego County, and will bring 15 million gallons per day
of what is now discharged wastewater. This project of
reinjection and reuse is the kind of program that has zero new
water, and yet brings those 15 million gallons a day. I am told
that the support for the region will represent 30 percent of
the region's drinking water demand. This project is supported
by my partner downstream, Sara Jacobs, and myself.
My second project is one that my predecessors have worked
on for many years, but we are really at a point where this
final funding can make the final difference to complete this
program. It is called the Escondido Creek flood control
project, and I am doing this jointly. Currently, this is my
entire district. But under the presumption of redistricting in
California, Mr. Peters and myself will share this flood area.
The project is right in the center, if you will, of
Escondido, which is the second largest city in San Diego
County. Currently groundwater infiltration creates a flood for
450 single and multifamily homes. By implementing this project,
not only will we save the water for other use, but we will
eliminate the flood insurance premiums paid for by these
individuals. And this would conclude the project with the
matching funds coming from other sources.
Third is one that is particularly near and dear. Although I
had many applications, only one matured sufficient to ask for
it. As you may know, the 50th Congressional District enjoys
more federally recognized Tribes than almost all other
districts combined, with 18 Tribal communities. In this case,
the Rincon Band of Luiseno Indians is seeking approximately 1
mile of water distribution line, which they are providing the
additional funds for, for reclaimed water. Currently the Tribe
relies entirely on well water, and this discharge recapture
will, literally, create new water where it otherwise wouldn't
be.
One of the advantages of this Tribe's application is that
they have fully funded their portion of it, and it is supported
by the surrounding communities. All of these projects are
supported by local funding matches and recognized by the Army
Corps of Engineers as appropriate for designation as
environmental infrastructure under the Water Development
Resources Act.
Again, I am in the driest part of the State. Each one of
these represents not new sources of water, but new uses of
water in our dry area. So, I hope that you will see these as
particularly noteworthy.
Again, there were many more applications that we did not
forward because we felt that we should focus on the ones that
had the most immediate benefit to the area, and ones where you
could look and say, you do this, you dramatically improve water
quality for the people of San Diego and Riverside County.
I want to thank you for your indulgence and yield back my 6
seconds.
[Mr. Issa's prepared statement follows:]
Prepared Statement of Hon. Darrell Issa, a Representative in Congress
from the State of California
Good morning and thank you to Chairman DeFazio and Ranking Member
Graves for your leadership on the important issue of water resources
development.
My office has submitted funding requests for three projects.
First, the Padre Dam Municipal Water District is a key partner in
the East County Advanced Water Purification Program. This collaborative
program is helping to drought-proof San Diego County by providing a new
source for drinking water and eliminate 15 million gallons per day of
treated wastewater discharge. All told, this will support approximately
30 percent of the region's drinking water demand. This project is
supported by our colleague Ms. Jacobs and myself.
Second, the Escondido Creek Flood Control Project will help provide
design and construction services in a city split between our colleague
Mr. Peters and myself. This project will help the City of Escondido
manager stormwater, expand groundwater infiltration, improve water
quality, and importantly--benefit more than 450 single- and multi-
family homes along and around the creek that are currently paying for
flood insurance. This project will reduce if not eliminate that need
and benefit a diverse and vital part of the city.
Third, as you may know, the 50th Congressional District is home to
more federally-recognized tribes than almost all other districts in the
country--18 tribal communities in total. The Rincon Band of Luiseno
Indians is seeking approximately one mile of water distribution lines,
and approximately one mile of reclaimed water pipeline to better
facilitate sewer processing and support groundwater recharge. Because
the community relies exclusively on groundwater for supplies, this
project will help ensure economical and conscientious management of
precious water resources and meet conservation objectives.
Each of these projects is supported with robust local funding
matches and is recognized by the Army Corps of Engineers as appropriate
for designation as Environmental Infrastructure under the Water
Development Resources Act.
Thank you for your consideration and the opportunity to present to
you today.
I yield back.
Mr. Rouzer. We thank our friend from California. Are there
any questions for our friend from California?
Seeing none, we will move to our next witness. I would like
to recognize the gentlewoman from Florida, Ms. Wasserman
Schultz, for 5 minutes.
TESTIMONY OF HON. DEBBIE WASSERMAN SCHULTZ, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF FLORIDA
Ms. Wasserman Schultz. Thank you so much, Madam Chair and
Ranking Member, for the chance to share how vital the Water
Resources Development Act is for Florida.
And a special thanks to Chairman DeFazio for his leadership
on this committee over the years. His knowledge and expertise
will be sorely missed by everyone in Congress. Chairman DeFazio
was critical in developing the bipartisan Water Resources
Development Act, which authorizes Army Corps of Engineers Civil
Works activities.
From restoring the Everglades and investing in our ports,
to fighting rising seas by nourishing beaches and managing
flood risk, Florida engages with the Army Corps of Engineers on
so many urgent fronts. Few are more critical than the deepening
and widening of Port Everglades in my congressional district, a
project that will dramatically improve supply chain
efficiencies and port operations.
And while I could spend an hour on the ups and downs of
this project, I am going to bottom line it for you. In an
effort to protect vital coral reef and other environmental
assets, the cost of the Port Everglades deepening and widening
project rose significantly well above the authorized limit
approved by this committee in WRDA 2016.
Typically, the Corps would produce what is known as a Post-
Authorization Change Report to substantiate their increased
cost. However, my colleagues from Florida and I ask that the
increased cost be approved through this WRDA bill, as was done
for previous projects as recently as the Water Resources
Development Act of 2020, because without the language now, the
port will be on the hook for the entire increased cost of the
project, or it will stop while we wait for WRDA 2024. As
America wrestles with supply chain issues, neither option is
acceptable.
One reason for the increased costs is because we learned
lessons from other widening and deepening projects. Our port
professionals and the Army Corps learned from experiences that
we must take time to understand potential impacts this could
have on our cherished coral reefs.
Despite the cost increases and setbacks, we have made
substantial progress already. The revised supplemental EIS is
currently open for public comment, and the reconfiguration of
the Coast Guard Station Fort Lauderdale, the first construction
portion of this project, is scheduled to break ground next
spring. This will be a brandnew, state-of-the-art facility for
our Coast Guard, which is badly needed and long overdue--
finally.
It is hard to believe that the Port Everglades project,
Madam Chair, began in 1996. That is 26 years ago. Under ideal
circumstances, including this authorization being included in
this WRDA bill, construction won't be complete before 2032,
another 10 years from now. We cannot wait any longer for the
Port Everglades deepening and widening project to begin.
I look forward to working with you further on this and
getting the project authorization increase approved in this
WRDA bill.
Another issue I want to bring to your attention is related
to the extension of two beach renourishment projects in Broward
County, both of which expire soon. The recently introduced
SHORRE Act would reauthorize both projects, as well as other
projects in Florida and elsewhere for an additional 50 years. I
support reauthorizing these projects in this WRDA bill, and
appreciate your ongoing attention to the extension of shore
protection projects that will expire soon.
And finally, I would be remiss if I didn't mention the
importance of the Everglades, which many of us refer to as the
river of grass--not the port I just referred to. But thanks to
the Biden administration, we secured $1.1 billion in funding
for Everglades restoration through the bipartisan
infrastructure bill. To continue this recent historic progress,
we must continue to advance projects that remove barriers to
sending water south, and restore the historic flow paths of the
Everglades. To do this, the Army Corps needs flexibilities to
fund large-scale projects.
For example, the Army Corps could fund larger CERP projects
by utilizing an incremental funding approach. We can help
advance these projects by providing this flexibility in the
WRDA bill. And I look forward to working with the committee on
this and your leadership.
Thank you for your efforts to develop and pass a new WRDA
bill in the 117th Congress. I appreciate the work that you put
into this legislation. I look forward to helping you pass this
bill this year.
Thank you so much, Madam Chair and Ranking Member.
[Ms. Wasserman Schultz's prepared statement follows:]
Prepared Statement of Hon. Debbie Wasserman Schultz, a Representative
in Congress from the State of Florida
Chairman DeFazio and Ranking Member Graves, thank you for this
chance to share how vital the Water Resources Development Act is for
Florida.
And a special thanks to the Chairman for his leadership on this
committee over the years. His knowledge and expertise will be sorely
missed by everyone in Congress.
Chairman DeFazio was critical in developing the bipartisan Water
Resources Development Act which authorizes Army Corps of Engineers
civil works activities.
From restoring the Everglades and investing in our ports, to
fighting rising seas by nourishing beaches and managing flood risk,
Florida engages with the Army Corps of Engineers on so many urgent
fronts.
Few are more critical than the deepening and widening of Port
Everglades in my district, a project that will dramatically improve
supply chain efficiencies and port operations.
And while I could spend an hour on the ups and downs of this
project, here's the bottom line:
In an effort to protect vital coral reef and other environmental
assets, the cost of the Port Everglades deepening and widening rose
significantly, well above the authorized limit approved by this
Committee in WRDA 2016.
Typically, the Corps would produce what's known as a Post
Authorization Change Report to substantiate their increased cost.
However, my colleagues and I ask that the increased cost be
approved through this WRDA bill--as was done for previous projects, as
recently as the Water Resources Development Act of 2020.
Because without the language now, the Port will be on the hook for
the entire increased cost of the project, or it will stop while we wait
for WRDA 2024.
As America wrestles with supply chain issues, neither option is
acceptable.
One reason for the increased costs is because we learned lessons
from other widening and deepening projects.
Our port professionals and the Army Corps learned from experiences
that we must take the time to understand potential impacts this could
have on our cherished coral reefs.
Despite the cost increases and setbacks, we have made substantial
progress already.
The revised supplemental EIS is currently open for public comment
and the reconfiguration of the Coast Guard Station Fort Lauderdale--the
first construction portion of the project--is scheduled to break ground
next spring.
This will be a brand new, state of the art facility for our Coast
Guard. It's badly needed and long overdue.
It's hard to believe that the Port Everglades project began in
1996. That's 26 years ago!
Under ideal circumstances--including this authorization being
included in this WRDA bill--construction won't be complete before 2032,
another ten years from now.
We cannot wait any longer for the Port Everglades deepening and
widening project to begin.
I look forward to working with you further on this and getting the
project authorization increase approved in this WRDA bill.
Another issue I want to bring to your attention is related to the
extension of two beach renourishment projects in Broward County, both
of which expire soon.
The recently introduced SHORRE Act would reauthorize both projects
as well as other projects in Florida and elsewhere for an additional 50
years.
I support reauthorizing these projects in this WRDA bill and
appreciate your ongoing attention to the extension of shore protection
projects that will expire soon.
And finally, I would be remiss if I didn't mention the importance
of the Everglades, which many of us refer to as the River of Grass.
Thanks to the Biden Administration--we secured $1.1 billion in
funding for Everglades restoration through the bipartisan
infrastructure bill.
To continue this recent historic progress, we must continue to
advance projects that remove the barriers to sending water south and
restore the historic flow paths.
To do this, the Army Corps needs flexibilities to fund large scale
projects.
For example, Army Corps could fund larger CERP projects by
utilizing an incremental funding approach.
We can help advance these projects by providing this flexibility in
WRDA. I look forward to working with you on this.
Thank you for your efforts to develop and pass a new WRDA bill in
the 117th Congress.
I appreciate the work you put into this legislation and look
forward to helping you pass the bill this year.
Mr. Rouzer. We thank the gentlelady. Are there any
questions for the gentlelady from Florida?
Mrs. Napolitano. Good work.
Ms. Wasserman Schultz. Thank you.
Mr. Rouzer. Seeing none, now I take the opportunity to
introduce our good friend from Washington, Mr. Newhouse, for 5
minutes.
TESTIMONY OF HON. DAN NEWHOUSE, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF WASHINGTON
Mr. Newhouse. Well, thank you very much, Chair Napolitano
and Ranking Member Rouzer, as well as members of the committee.
First I want to thank you for hosting this Members' Day
hearing. It is certainly my honor to be here representing my
district in the State of Washington.
For more than 30 years, misinformed interest groups have
held central Washington and the Pacific Northwest hostage by
threatening to drain the lifeblood of our region. So, I am
going to ask you to not include something in this legislation.
These groups, in my opinion, are driven by a singular
ideological goal: breaching the Snake River dams. They have
placed a bull's-eye on our river system and this critical
infrastructure, which provides clean, carbon-free energy
throughout the region. It provides water for our crops and
transportation to move our goods to export markets.
Millions in taxpayer dollars have been spent funding
Federal scientists, engineers, and fish experts in the Obama
administration to develop a years-long analysis, fine-tuning
the operations of the Federal river power system. Putting this
plan to work, our region continued to harness the power of our
rivers for clean, carbon-free hydroelectric power, while
balancing the needs of our native salmon species.
However, for organizations fixated on free-flowing rivers
as the only means for achieving environmental success, it has
not been enough. They have sued the Obama administration, they
sued the Trump administration, and they continue today by suing
the Biden administration.
So, members of the committee, Washington Governor Jay
Inslee, as well as Senator Patty Murray, are now looking at
your bill as a vehicle to waste taxpayer dollars by forcing
another duplicative study in order to seek their own desired
outcome.
Dam-breaching advocates have blinded themselves to the
countless other benefits our dams provide for our region, not
to mention the great strides our salmon populations have made
over the last several years, even amidst the rising ocean
temperatures and record levels of pollution in Puget Sound. If
these interest groups were truly concerned with our river
system, they would look at the science. They would acknowledge
the millions of tons of carbon these dams prevent from entering
our atmosphere. They would acknowledge our dams utilize world-
class technology and engineering to support the most efficient
production of carbon-free hydroelectricity, while also
improving fish passage rates between 93 and 96 percent.
While I could list data point after data point outlining
the vast strides that have been made in preserving and
restoring our native salmon populations, it can be better
summed up by the 4-year Federal environmental study released in
2020 that advised against breaching the lower Snake River dams,
which explicitly stated that the dams are not likely to
jeopardize the continued existence of the ESA-listed species.
I would be remiss if I did not mention how our dams and the
rivers provide a sustainable and efficient way to transport our
Nation's crops. Barging in the Columbia and Snake Rivers keep
700,000 semi trucks off the roads and their emissions out of
the air every year. The rivers alone barge more than 50 percent
of U.S. wheat destined for export.
It is clear that many of these dam-breaching proponents
have long since stopped caring about the salmon or the benefits
of the river system. The fact that the Department of Justice
announced a settlement to stay the most recent legal attack on
the river until July of this year--coincidentally, the same
date Senator Murray and the Governor announced they would
release their plans--demonstrates a predetermined back-door
deal is in the works, and they intend to weaponize WRDA in
order to achieve their desired outcome.
For those of us who truly care about our region, these
actions are deeply disturbing. Breaching our dams is simply not
an option, and endless cycles of litigation and continued
studies only put our region at risk. In central Washington, we
are all actively working toward a clean energy future,
strengthening our Nation's supply chain, feeding the world, and
protecting our native wildlife. The river dams are at the
center of it all, serving as an example for the rest of the
world.
As I have said for years, dams and fish can coexist. And I
will continue to fight for our dams. And I call on these
misguided groups to stop playing politics and pay attention to
the science, which clearly states we are making advancements in
the right direction.
So, I urge the committee to reject any proposal to insert
yet another duplicative study in this bill, which will only
lend more uncertainty for our way of life in central Washington
and throughout the Pacific Northwest.
I thank you very much for your time. Thank you.
[Mr. Newhouse's prepared statement follows:]
Prepared Statement of Hon. Dan Newhouse, a Representative in Congress
from the State of Washington
Chairman DeFazio, Ranking Member Graves, and Members of the
Committee,
Thank you for hosting today's Member Day hearing. It is my honor to
be here representing my district in Washington state.
For more than 30 years, misinformed interest groups have held
Central Washington and the Pacific Northwest hostage by threatening to
drain the lifeblood of our region.
These groups are driven by a singular, ideological goal: breaching
the Snake River dams. They have placed a bullseye on our river system
and this critical infrastructure, which provides clean, carbon-free
energy throughout the region, water for our crops, and transportation
to move our goods to export markets.
Millions spent in taxpayers' dollars funded federal scientists,
engineers, and fish experts in the Obama Administration to develop a
years-long analyses fine-tuning the operations of the federal river
power system. Putting this plan to work, our region continued to
harness the power of our rivers for clean, carbon-free hydroelectric
power while balancing the needs of our native salmon species.
However, for organizations fixated on ``free-flowing'' rivers as
the only means for achieving environmental success, it wasn't enough.
They sued the Obama Administration, then they sued the Trump
Administration, and they continue today by suing the Biden
Administration.
Members of the Committee: Washington Governor Jay Inslee and
Senator Patty Murray are now looking at your bill as a vehicle to waste
taxpayers' dollars by forcing another duplicative study in order to
seek their own desired outcome.
Dam-breaching advocates have blinded themselves to the countless
other benefits our dams provide for our region--not to mention the
great strides our salmon populations have made over the last several
years, even amidst rising ocean temperatures and record levels of
pollution in the Puget Sound.
If these interest groups were truly concerned with the river
system, they would look at the science. They would acknowledge the
millions of tons of carbon these dams prevent from entering our
atmosphere. They would acknowledge our dams utilize world-class
technology and engineering to support the most efficient production of
carbon-free hydroelectricity while also improving fish passage to rates
between 93 and 96 percent.
While I could list data point after data point outlining the vast
strides that have been made in preserving and restoring our native
salmon populations, it can be better summed up by the four-year,
federal environmental study released in 2020 that advised against
breaching the four Lower Snake River Dams, which explicitly stated that
the dams ``are not likely to jeopardize the continued existence of the
ESA-listed species.''
I would be remiss if I did not mention how our dams and the rivers
provide a sustainable and efficient way to transport our nation's crop
exports. Barging on the Columbia and Snake Rivers keeps 700,000 semi-
trucks off the roads--and their emissions out of the air--each year.
The Columbia River alone barges more than 50% of U.S. wheat destined
for export.
It is clear that many of these dam-breaching proponents have long
since stopped caring about the salmon nor the benefits of the river
system. The fact that the Department of Justice announced a settlement
to stay the most recent legal attack on the river system until July of
2022--coincidentally, the same date Senator Murray and Governor Inslee
announced they would release their dam-breaching plans--demonstrates a
predetermined backdoor deal is in the works, and they intend to
weaponize WRDA in order to achieve their desired outcome.
For those of us who truly care about our region's survival, these
actions are deeply disturbing.
Breaching our dams is simply not an option, and endless cycles of
litigation and continued studies only put our region at risk.
In Central Washington, we are actively working toward a clean
energy future, strengthening our nation's supply chain, feeding the
world, and protecting our native wildlife--and the Columbia and Snake
River dams are at the center of it all, serving as an example for the
rest of the world.
As I have said for years, dams and fish can--and do--coexist.
I will continue to fight for our dams, and I call on these
misguided groups to stop playing politics and pay attention to the
science, which clearly states that we are making advancements in the
right direction.
I urge the Committee to reject any proposal to insert yet another
duplicative study in this bill, which will only lend more uncertainty
for our way of life in Central Washington and throughout the Pacific
Northwest.
Thank you, and I yield back.
Mr. Rouzer. I thank the gentleman from Washington. Are
there any questions for the gentleman from Washington?
If not, I believe the gentleman from Washington has a
letter that he wanted to submit for the record.
Do you want to ask unanimous consent to enter it into the
record, a March 8, 2022, letter to the EPA Administrator and
the Assistant Secretary of the Army for Civil Works regarding
the ``waters of the United States'' rulemaking process?
Mr. Newhouse. I appreciate that very much, Mr. Rouzer.
Mr. Rouzer. So ordered.
[The information follows:]
Letter of March 8, 2022, from Hon. Sam Graves, Ranking Member,
Committee on Transportation and Infrastructure et al. to Hon. Michael
S. Regan, Administrator, U.S. Environmental Protection Agency, and Hon.
Michael L. Connor, Assistant Secretary of the Army for Civil Works,
U.S. Department of the Army, Submitted for the Record by Hon. Dan
Newhouse
March 8, 2022.
The Honorable Michael S. Regan,
Administrator,
U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW,
Washington, DC 20004.
The Honorable Michael L. Connor,
Assistant Secretary of the Army for Civil Works,
U.S. Department of the Army, 108 Army Pentagon, Washington, DC 20310-
0108.
Dear Administrator Regan and Assistant Secretary Connor:
We write to you today regarding the United States Supreme Court's
most recent announcement to grant certiorari to Michael Sackett, et
ux., Petitioners v. Environmental Protection Agency, et al.
(Sackett).\1\ For almost two decades, rural communities, businesses,
and industries who rely on clean water have been trapped in political
and legal limbo, surrounded by a shroud of legal opinions and faulty
federal regulations. On June 9, 2021, the United States Environmental
Protection Agency (EPA) and the United States Army Corps of Engineers
(Corps) (collectively, the ``Agencies'') announced their intent to
revise the definition of ``waters of the United States,'' (WOTUS).\2\
Any decision by the Supreme Court on Sackett will have profound impacts
on the Agencies' rulemaking process. Therefore, we urge the EPA and the
Corps to halt its current rulemaking.
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\1\ Sackett v. EPA, Case No. 21-454.
\2\ Press Release, EPA, Army Announce Intent to Revise Definition
of WOTUS (June 9, 2021), available at https://www.epa.gov/newsreleases/
epa-army-announce-intent-revise-definition-wotus.
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The United States Court of Appeals for the Ninth Circuit has
improperly held that federal jurisdiction for WOTUS should follow the
``significant nexus'' test laid out in Justice Kennedy's concurring
opinion in Rapanos v. United States, 547 U.S. 715 (2006), rather than a
more narrow approach based on the areas the Kennedy opinion and the
plurality opinion authored by Justice Scalia have in common.\3\ The
Obama Administration's 2015 WOTUS rule also followed this flawed
``significant nexus'' approach, resulting in an unprecedented expansion
of the definition of WOTUS.\4\ This rule asserted federal jurisdiction
over typically dry channels and a variety of intrastate non-navigable
isolated waters.\5\ It is expected that a decision in Sackett would set
forth a clearer and more appropriate test to define WOTUS and deliver
certainty to the farmers, ranchers, private landowners, and industries
who face the burden of this federal overreach.
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\3\ Sackett v. EPA, No. 19-35469, 8 F.4th 1075, (9th Cir. 2021),
available at https://cdn.ca9.uscourts.gov/datastore/opinions/2021/08/
16/19-35469.pdf?utm_medium=email&_hsmi=
2&_hsenc=p2ANqtz-8X1_eQE4an2yYyXY-F5JnWEob7pRRCNyWE_WNPGvKmaVzQkTU4X
G3g86yXMmLSbFrQziJUOdjVuALPH_zKcqfxO7MQ3Q&utm_content=2&utm_source=hs_
email.
\4\ Clean Water Rule: Definition of ``Waters of the United
States'', 80 Fed. Reg. 37053, (Aug. 28, 2015), available at https://
www.federalregister.gov/documents/2015/06/29/2015-13435/clean-water-
rule-definition-of-waters-of-the-united-states.
\5\ Id.
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Any future rulemaking must be based on fully informed legal
guidance. The Agencies' goal of developing a lasting rule can only be
achieved if appropriate legal standards are met, and it is premature to
develop a new rule until the Court's Sackett opinion is issued. The
Agencies themselves have stated that their rulemaking will take into
account ``updates to be consistent with relevant Supreme Court
decisions.'' \6\ We hope the Agencies' regulatory activities remain
consistent with these statements. If the Agencies move ahead with their
current rulemaking, and the Court instructs the use of a more limiting
test like Justice Scalia's plurality opinion, the Agencies would be
forced to implement a new rulemaking process once again post-Sackett.
Unfortunately, not only would this be a misuse of agency resources and
taxpayer dollars, it would only serve to leave the regulated community
with prolonged uncertainty regarding regulations and enforcement.
---------------------------------------------------------------------------
\6\ Press Release, EPA and Army Announce Next Steps for Crafting
Enduring Definition of Waters of the United States (July 30, 2021),
available at https://www.epa.gov/newsreleases/epa-and-army-announce-
next-steps-crafting-enduring-definition-waters-united-states.
---------------------------------------------------------------------------
Confusion, unpredictability, and litigation have surrounded the
scope of federal authority of our nation's navigable waterways for
decades. Currently, the Administration's plan to revise the definition
of WOTUS will be the sixth change in ten years; despite the
Administration's statements that the new regulation would only be a
return to the regulatory definition used before the 2015 WOTUS rule
updated in conformance with judicial decisions.\7\ In reality, the rule
takes a new and expansive approach to the definition of WOTUS, creating
additional costs and burdens for regulated stakeholders.
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\7\ Id.
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Further, the Agencies certified that the new regulation would not
have a significant effect on small businesses.\8\ However, the United
States Small Business Administration's Office of Advocacy, meant to
serve as an independent voice for small business, disagreed with this
assessment,\9\ specifically finding that the ``Agencies have improperly
certified the proposed rule under the Regulatory Flexibility Act (RFA)
because it would likely have direct significant impacts on a
substantial number of small entities.'' \10\ The Office of Advocacy
asked that the Agencies hold the rule in abeyance while it conducts a
Small Business Advocacy Review (SBAR) panel, in accordance with the
RFA.\11\
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\8\ Revised Definition of ``Waters of the United States,'' 86 Fed.
Reg. 69372 (Dec. 7, 2021), available at https://
www.federalregister.gov/documents/2021/12/07/2021-25601/revised-
definition-of-waters-of-the-united-states.
\9\ Letter from Major L. Clark, III, Dep. Chief Counsel, Off. of
Advoc., SBA, to Hon. Michael S. Regan, Admin., EPA, and the Hon.
Michael L. Connor, Assistant Sec'y of the Army for Civil Works, Dep't
of the Army (Feb. 7, 2022), available at https://cdn.advocacy.sba.gov/
wp-content/uploads/2022/02/08152154/Comment-Letter-Proposed-WOTUS-
Definition-2022.pdf.
\10\ Id.
\11\ Id.
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Rural communities across the country are dedicated to clean water,
and they do not deserve to be punished by constant regulatory
uncertainty. Any further rulemaking prior to the Supreme Court's
decision will jeopardize Americans' best interests and fail to ensure
our communities will not be subject to further uncertainty and
government overreach. A premature rulemaking will also hinder efforts
in communities across the country to build out and improve our Nation's
infrastructure, as the regulatory definition of WOTUS has a direct
impact on agencies' ability to authorize and complete infrastructure
projects in a timely and efficient manner. This is especially troubling
timing as Congress recently approved billions of dollars in funding for
critical infrastructure.\12\
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\12\ Infrastructure Investment and Jobs Act, P.L. 117-58.
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We urge the EPA and the Corps to halt all current rulemaking
actions surrounding the WOTUS definition as the United States Supreme
Court takes up this landmark case. The Agencies should instead use this
time to continue meaningful engagement with stakeholders, including
convening an SBAR panel. This would allow the Agencies to fully
understand and account for the impacts to small businesses, farmers,
rural communities, and countless other stakeholders that will result
from any regulatory change to the definition of WOTUS. We look forward
to working with you on this important issue. If you have questions,
please contact Ryan Hambleton, Republican Staff Director of the
Subcommittee on Water Resources and Environment.
Sincerely,
Sam Graves,
Ranking Member, Committee on Transportation and Infrastructure.
Dan Newhouse,
Chairman, Congressional Western Caucus.
David Rouzer,
Ranking Member, Subcommittee on Water Resources and Environment.
Kevin McCarthy,
Member of Congress.
Steve Scalise,
Member of Congress.
Elise M. Stefanik,
Member of Congress.
Nancy Mace,
Member of Congress.
Jefferson Van Drew,
Member of Congress.
David B. McKinley, P.E.,
Member of Congress.
Scot DesJarlais,
Member of Congress.
Doug Lamborn,
Member of Congress.
Tim Walberg,
Member of Congress.
Diana Harshbarger,
Member of Congress.
Tedd Budd,
Member of Congress.
Tracey Mann,
Member of Congress.
Bob Gibbs,
Member of Congress.
Mike Johnson,
Member of Congress.
Brian Babin, D.D.S.,
Member of Congress.
Clay Higgins,
Member of Congress.
Ralph Norman,
Member of Congress.
Don Young,
Member of Congress.
David G. Valadao,
Member of Congress.
Earl L. ``Buddy'' Carter,
Member of Congress.
Lauren Boebert,
Member of Congress.
Bruce Westerman,
Member of Congress.
Mary E. Miller,
Member of Congress.
Jason Smith,
Member of Congress.
Michael Cloud,
Member of Congress.
Yvette Herrell,
Member of Congress.
Rodney Davis,
Member of Congress.
Ashley Hinson,
Member of Congress.
Blake Moore,
Member of Congress.
Ken Buck,
Member of Congress.
Michael Simpson,
Member of Congress.
Chris Jacobs,
Member of Congress.
Fred Keller,
Member of Congress.
August Pfluger,
Member of Congress.
Ann Wagner,
Member of Congress.
Andy Harris, M.D.,
Member of Congress.
Steve Womack,
Member of Congress.
Michelle Steel,
Member of Congress.
Mike Gallagher,
Member of Congress.
Michael Burgess, M.D.,
Member of Congress.
Dan Crenshaw,
Member of Congress.
Markwayne Mullin,
Member of Congress.
Ron Estes,
Member of Congress.
Guy Reschenthaler,
Member of Congress.
Doug LaMalfa,
Member of Congress.
David P. Joyce,
Member of Congress.
Randy Feenstra,
Member of Congress.
Eric A. ``Rick'' Crawford,
Member of Congress.
Cathy McMorris Rodgers,
Member of Congress.
Dusty Johnson,
Member of Congress.
Rick W. Allen,
Member of Congress.
Michael Guest,
Member of Congress.
David Kustoff,
Member of Congress.
Kat Cammack,
Member of Congress.
Mariannette Miller-Meeks,
Member of Congress.
Mike Bost,
Member of Congress.
Carol D. Miller,
Member of Congress.
Tim Burchett,
Member of Congress.
Jack Bergman,
Member of Congress.
James Comer,
Member of Congress.
Julia Letlow,
Member of Congress.
Dan Meuser,
Member of Congress.
Jerry L. Carl,
Member of Congress.
Bill Huizenga,
Member of Congress.
Beth Van Duyne,
Member of Congress.
Kelly Armstrong,
Member of Congress.
Greg Steube,
Member of Congress.
Scott Perry,
Member of Congress.
Richard Hudson,
Member of Congress.
Adrian Smith,
Member of Congress.
Tom Tiffany,
Member of Congress.
Adam Kinzinger,
Member of Congress.
Jeff Duncan,
Member of Congress.
Mo Brooks,
Member of Congress.
Pete Sessions,
Member of Congress.
Maria Elvira Salazar,
Member of Congress.
Michelle Fishbach,
Member of Congress.
Blaine Luetkmeyer,
Member of Congress.
Austin Scott,
Member of Congress.
Bill Posey,
Member of Congress.
Dan Bishop,
Member of Congress.
Glenn Grothman,
Member of Congress.
Robert E. Latta,
Member of Congress.
Fred Upton,
Member of Congress.
Vicky Hartzler,
Member of Congress.
Liz Cheney,
Member of Congress.
Louie Gohmert,
Member of Congress.
Billy Long,
Member of Congress.
John Rose,
Member of Congress.
Pete Stauber,
Member of Congress.
Jim Banks,
Member of Congress.
Debbie Lesko,
Member of Congress.
David Schweikert,
Member of Congress.
Virginia Foxx,
Member of Congress.
H. Morgan Griffith,
Member of Congress.
Garret Graves,
Member of Congress.
Ronny L. Jackson,
Member of Congress.
Bill Johnson,
Member of Congress.
Trent Kelly,
Member of Congress.
Greg Pence,
Member of Congress.
Paul A. Gosar, D.D.S.,
Member of Congress.
Brad Wenstrup,
Member of Congress.
Warren Davidson,
Member of Congress.
Scott Fitzgerald,
Member of Congress.
Larry Bucshon, M.D.,
Member of Congress.
Gregory F. Murphy, M.D.,
Member of Congress.
Thomas Massie,
Member of Congress.
Roger Williams,
Member of Congress.
Jake LaTurner,
Member of Congress.
Jodey C. Arrington,
Member of Congress.
Tom Emmer,
Member of Congress.
Mark Amodei,
Member of Congress.
Darrell Issa,
Member of Congress.
Lloyd Smucker,
Member of Congress.
Russ Fulcher,
Member of Congress.
Jackie Walorski,
Member of Congress.
Stephanie Bice,
Member of Congress.
Matthew Rosendale, Sr.,
Member of Congress.
Alex X. Mooney,
Member of Congress.
John R. Moolenaar,
Member of Congress.
Brett Guthrie,
Member of Congress.
Ben Cline,
Member of Congress.
Daniel Webster,
Member of Congress.
Troy E. Nehls,
Member of Congress.
James R. Baird,
Member of Congress.
Ken Calvert,
Member of Congress.
Andy Biggs,
Member of Congress.
Cliff Bentz,
Member of Congress.
Robert J. Wittman,
Member of Congress.
Frank Lucas,
Member of Congress.
Steve Chabot,
Member of Congress.
Glenn ``GT'' Thompson,
Member of Congress.
Randy Weber,
Member of Congress.
Michael T. McCaul,
Member of Congress.
Nicole Malliotakis,
Member of Congress.
Byron Donalds,
Member of Congress.
Claudia Tenney,
Member of Congress.
Bryan Steil,
Member of Congress.
Chris Stewart,
Member of Congress.
Mario Diaz-Balart,
Member of Congress.
Troy Balderson,
Member of Congress.
Carlos Gimenez,
Member of Congress.
Steven M. Palazzo,
Member of Congress.
Trey Hollingsworth,
Member of Congress.
Mike Kelly,
Member of Congress.
Lance Gooden,
Member of Congress.
Gary Palmer,
Member of Congress.
John Katko,
Member of Congress.
Jenniffer Gonzalez-Colon,
Member of Congress.
Kevin Hern,
Member of Congress.
Tom McClintock,
Member of Congress.
Kay Granger,
Member of Congress.
Andy Barr,
Member of Congress.
Drew Ferguson,
Member of Congress.
Barry Loudermilk,
Member of Congress.
Neal P. Dunn, M.D.,
Member of Congress.
Jaime Herrera Beutler,
Member of Congress.
William Timmons,
Member of Congress.
Mike D. Rogers,
Member of Congress.
Scott Franklin,
Member of Congress.
Jay Obernolte,
Member of Congress.
Kevin Brady,
Member of Congress.
Amata Coleman Radewagen,
Member of Congress.
Tom Rice,
Member of Congress.
John Carter,
Member of Congress.
Lisa McClain,
Member of Congress.
Robert B. Aderholt,
Member of Congress.
John Joyce,
Member of Congress.
Chip Roy,
Member of Congress.
Burgess Owens,
Member of Congress.
Darin LaHood,
Member of Congress.
Don Bacon,
Member of Congress.
Young Kim,
Member of Congress.
Peter Meijer,
Member of Congress.
Bob Good,
Member of Congress.
French Hill,
Member of Congress.
Victoria Spartz,
Member of Congress.
Jim Jordan,
Member of Congress.
Matt Gaetz,
Member of Congress.
Tom Cole,
Member of Congress.
John H. Rutherford,
Member of Congress.
Pat Fallon,
Member of Congress.
Hal Rogers,
Member of Congress.
Andrew Garbarino,
Member of Congress.
Lee Zeldin,
Member of Congress.
Chuck Fleischmann,
Member of Congress.
Jake Ellzey,
Member of Congress.
Anthony Gonzalez,
Member of Congress.
Andrew S. Clyde,
Member of Congress.
Michael Waltz,
Member of Congress.
Mark Green,
Member of Congress.
Joe Wilson,
Member of Congress.
Mike Carey,
Member of Congress.
Barry Moore,
Member of Congress.
Mike Garcia,
Member of Congress.
Michael Turner,
Member of Congress.
Gus M. Bilirakis,
Member of Congress.
Jody Hice,
Member of Congress.
Mr. Newhouse. Thank you.
Mr. Rouzer. Next, I would like to recognize our good friend
from Oregon, Mr. Schrader, for 5 minutes.
TESTIMONY OF HON. KURT SCHRADER, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF OREGON
Mr. Schrader. Thank you very much, Madam Chairwoman,
Ranking Member, and the rest of the Transportation and
Infrastructure Committee members, for hosting this event.
The success that WRDA has had during these divided times is
a testament to the committee's willingness to work across the
aisle. I hope this work will be just as successful for WRDA
2022.
With the passage of the Bipartisan Infrastructure Law, our
definition of what constitutes infrastructure has grown. This
paradigm shift is most notable in the water project funding we
included in the law, which has been allocated for districts
across the country. I am actually very hopeful the committee's
work here will build on that success, and tackle the many
backlogged projects that are sadly still unfunded, even with
increased investments.
With IIJA passed and having fully funded the Harbor
Maintenance Trust Fund, we should have extraordinary
opportunity to meet the needs of all our districts. One such
project that crosses these jurisdictional boundaries is the
Newport Big Creek Dams improvement project. I mentioned this
project during WRDA Members' Day in 2020, and would like to
highlight it again as a project that has a real, critical
impact on my constituents.
With an estimated total cost of $80 million, this project
is far too large for the small city of Newport, Oregon, to
tackle on its own. The goal here is to replace the woefully
outdated Big Creek Dam, which holds Newport's municipal water
supply. The current dams were originally built in 1958--1958.
Today, they have deteriorated to the point where they could
completely fail in the event of an earthquake registering just
a 3.5 or higher. Should these dams fail, the flows would breach
Highway 101, the only transportation road on the Oregon coast,
and destroy much of downtown Newport without warning.
The city is currently investigating multiple money sources,
including State funding and the Federal Emergency Management
Agency High Hazard Potential Dams grant program funding, since
the full cost is too great to be borne solely by a local bond.
Your staff has been very helpful--thank you--in finding
Federal solutions to this problem. And I hope that will
continue during this process.
Failure of this dam due to an earthquake would be
devastating for a variety of reasons: loss of life, impact on
local economy, and loss of critical water supply. Without this
dam, 10,000 year-round residents and nearly 2.5 million
tourists would be without water for at least a year, and the
economic cost could grow to nearly $2 billion if left
unattended for the next 5 years.
Currently, the city has stepped up and invested $6 million
between Government grants and water revenue. The State of
Oregon has stepped up and is investing $14 million across 2022
and 2023 to complete the design and permitting phases. But the
State still needs to raise another $60 million in construction
funds, an amount too great for a small city like Newport.
On a separate note, I have also represented this Oregon
coast for the past 10 years, and one of the top issues that I
keep hearing about from all my folks back home is dredging, the
lifeblood of a lot of small ports on the Oregon coast--I
daresay the Gulf of Mexico and east coast, as well.
Unfortunately, our small communities are often left out of
the dredging discussion. We need to offer a more consistent way
of providing this critical service to all our small ports.
Undredged ports and harbors limit economic activity, and force
operators to forgo important upgrades to their facilities that
could improve the well-being of their community.
So, thank you again for the opportunity to testify about my
priorities in Oregon's Fifth Congressional District. I look
forward to working with the committee staff in the productive
way we have done so far and seeing the committee's final work
product. Thank you very, very much.
[Mr. Schrader's prepared statement follows:]
Prepared Statement of Hon. Kurt Schrader, a Representative in Congress
from the State of Oregon
Thank you, Chairman DeFazio, Ranking Member Graves, and the rest of
the Transportation and Infrastructure committee members for hosting
this opportunity. The success that WRDA has had during these divided
times is a testament to the committee's willingness to work across the
aisle and I hope that work will be just as successful for WRDA 2022.
With the passage of the Infrastructure Investment and Jobs Act, our
definition of what constitutes as infrastructure has grown
tremendously. This paradigm shift is most notable in the water project
funding we included in the law, which has been allocated for districts
across the country. I am hopeful that the committee's work here will
build on that success to tackle the many backlogged projects that are
sadly still unfunded even with increased investments. With IIJA passed
and having fully funded the Harbor Maintenance Trust Fund, we should
have ample opportunity to meet the needs of all our districts.
One such project that crosses these jurisdictional boundaries is
the Newport Big Creak Dams Improvement Project. I mentioned this
project during the WRDA Member Day in 2020, and I would like to
highlight it again as a project that has a real impact for my
constituents. With an estimated total cost of between $67 and $83
million dollars, this project is far too large for the City of Newport
to tackle on its own. The goal here is to replace the woefully outdated
Big Creek Dam, which holds Newport's municipal water supply. The
current dams were originally built in 1958. Today, they have
deteriorated to the point where they could completely fail in the event
of an earthquake registering at 3.5 or higher. Should these dams fail,
the flows would breach Highway 101 and destroy roughly 20 homes without
warning. The city is currently investigating multiple money sources,
including state funding and the Federal Emergency Management Agency
(FEMA) High Hazard Potential Dam Grant Program, but the full cost is
too great to be borne solely by a local bond. Your staff have been very
helpful in finding federal solutions to this problem and I hope that
will continue during this process.
Failure of this dam due to an earthquake would be devastating for a
variety of reasons: loss of life, impact on the local economy, and loss
of critical water supply, just to name a few. Without this dam, 10,000
year-round residents and nearly 2.5 million tourists would be without
water for at least a year. And the economic cost could grow to nearly
$2 billion if left unattended for 5 years.
Currently, the city has invested $3.8 million of their limited
dollars towards this project for dam design and environmental
permitting. They need an additional $5.8 to finish that work and stay
on schedule for a 2025 completion target.
One final note: I have represented my portion of the Oregon coast
for many years. And one of the top things my folks back home tell me is
that the feds need to do a better job of staying on schedule when it
comes to dredging our facilities. Unfortunately, we are often left out
of the conversation when it comes to dredging. That is why I want to
bring this up with the committee to use this opportunity to offer a
more consistent way of providing this critical service to our ports.
Undredged ports and harbors limit economic activity and force operators
to forego important upgrades to their facilities.
Thank you again for this opportunity to testify about my priorities
for Oregon's fifth district. And thank you again to your committee
staff for working with my office on these issues. I look forward to
seeing the committee's final product.
Mr. Rouzer. We thank the gentleman from Oregon. Are there
any questions for the gentleman from Oregon?
Seeing none, good to have you here with us.
Now I would like to recognize our next witness, the
gentleman from New York, Mr. Tonko, for 5 minutes.
TESTIMONY OF HON. PAUL TONKO, A REPRESENTATIVE IN CONGRESS FROM
THE STATE OF NEW YORK
Mr. Tonko. Thank you. Thank you, Chair Napolitano, Ranking
Member Rouzer, and members of the committee. Thank you for the
opportunity to testify on behalf of projects of critical
importance in my district in New York's capital region as you
consider a reauthorization of the Water Resources Development
Act.
My constituents reside at the confluence of the mighty and
historic Hudson and Mohawk Rivers that helped shape America
centuries ago by powering factories and mills and supporting
the Erie Canal that transported goods from the coast to the
rest of the Nation, inspiring a westward movement. The region
is part of the New York-New Jersey watershed, an economic
engine home to 20 million people, 6 major rivers, and more than
200 fish species.
For too long, our watershed has faced extreme pressures
from sea level rise and flooding, hundreds of outdated dams,
and legacy pollutants. The deaths of dozens of residents from
Hurricane Ida and $100 billion of damage from Superstorm Sandy
remain fresh in our minds, and must compel us to take action to
prevent such tragic and costly events in the future. If we do
not, sea level rise is expected to impact 9,000 acres of
riverfront lands this century in the Hudson Valley alone.
It is also estimated that 40 dams in the region will need
to be targeted for removal each year, costing some $20 million
annually. I am indeed proud to have worked closely with a
coalition of more than 50 community groups and State and local
governments to replicate successful Federal programs, such as
the Delaware River Basin Conservation Program signed into law
in the 2016 WRDA, to fill a critical conservation gap in our
region.
The requested bill language will coordinate restoration
activities to improve water quality, remove obsolete dams,
improve critical flood controls, and promote healthy
ecosystems. Like the Delaware River program, our watershed
program would be housed in the Fish and Wildlife Service.
However, I have ensured that consultation with the Army Corps
will be a central component. This language has bipartisan
support, and it advanced successfully through a hearing and
markup in the Natural Resources Committee earlier this year. I
am continuing conversations with my colleagues across the aisle
to expand this bipartisan support even further and address any
remaining concerns.
Given the critical role of the Army Corps in these
restoration activities, I respectfully urge the committee to
consider this request, as well as a targeted study of the
Mohawk River Basin to make recommendations for the protection
of its water and cultural resources. Our watershed must be
considered amongst our Nation's most significant water bodies,
and receive the same Federal support so that it can remain a
vital water resource and national economic engine for
generations to come.
In addition, I am grateful for the work the Army Corps is
doing not just to protect our shores and waterways, but also to
make use of these treasured resources to produce clean energy,
drive down costs, and combat climate change. To strengthen
these efforts, I urge the committee to incorporate floating
solar energy in this year's WRDA reauthorization. Floating
solar offers tremendous opportunity to expand our renewable
energy deployment, while benefiting threatened water systems.
Ten percent of America's electricity needs could indeed be
met by deploying solar on our country's human-made reservoirs,
many of which are owned and operated by the Army Corps. I
acknowledge that not every Army Corps facility will be
appropriate, but I believe it is important that the Corps begin
to consider the possibility of these projects, which can take
advantage of existing grid infrastructure and complement
existing hydropower resources.
I urge the committee to adopt language I was proud to
submit with my colleague, Congressman Huffman, that would
identify promising reservoirs and launch a demonstration
project.
This technology is already emerging as a promising
industry. I am thrilled to report that a community in my
district, Cohoes, New York, received funding in the fiscal year
2022 appropriations package to install floating solar panels on
a municipal reservoir. This effort should serve as a model for
the Army Corps and communities across our Nation as we scale
this technology, implement smart, clean energy systems, and
drive down those consumer costs.
Thank you again for the opportunity to testify and for your
continued work to strengthen and protect our Nation's vital
water resources.
With that, I yield back, and thank you again for the
opportunity.
[Mr. Tonko's prepared statement follows:]
Prepared Statement of Hon. Paul Tonko, a Representative in Congress
from the State of New York
Chair DeFazio, Ranking Member Graves, Chair Napolitano, Ranking
Member Rouzer, and members of the Committee, thank you for the
opportunity to testify. As the Committee considers a reauthorization of
the Water Resources Development Act, I am pleased to appear before you
to highlight projects and studies of critical importance to my district
in New York's Capital Region.
My constituents reside at the confluence of the mighty and historic
Hudson and Mohawk Rivers that helped shape America centuries ago by
powering factories and mills and supporting the Erie Canal that
transported goods from the coast to the rest of the nation. The region
is part of the New York-New Jersey Watershed, an economic engine home
to 20 million people, six major rivers, and more than 200 fish species
and several endangered and threatened species.
For too long, our watershed has faced extreme pressures from sea-
level rise and flooding, hundreds of outdated and obsolete dams, and
legacy pollutants. The deaths of dozens of New York and New Jersey
residents from Hurricane Ida and $100 billion of damage to our coastal
areas from Superstorm Sandy remain fresh in our minds and must compel
us to take action to prevent such tragic and costly events in the
future. If we do not, sea level rise is expected to impact 9,000 acres
of riverfront lands and more than 19,000 people this century in the
Hudson Valley alone. It is also estimated that 40 dams in the region
will need to be targeted for removal each year, costing $20 million
annually.
I am proud to have worked closely with a coalition of more than 50
community organizations, state and local governments, and a bipartisan
coalition of Members spanning the Watershed to learn from and replicate
successful federal programs--such as the Delaware River Basin
Conservation program signed into law in the 2016 WRDA--to fill a
critical conservation gap here in New York and New Jersey. The
requested bill language will coordinate and fund restoration activities
to improve water quality, restore or remove obsolete dams, improve
critical flood controls, promote healthy ecosystems, and support
research.
Our watershed must be considered among our nation's most
significant waterbodies and receive the same federal support and
critical cooperation between the Army Corps, the Fish and Wildlife
Service, and other entities so that it can remain a vital water
resource and national economic engine for generations to come. I
respectfully urge the Committee to consider this request as well as a
targeted study of the Mohawk River Basin to make recommendations for
the protection of its water and cultural resources.
In addition, I am grateful for the work the Army Corps is doing not
just to protect our shores and waterways, but also to make meaningful
use of these treasured resources to produce clean energy and combat
climate change. There is so much more we can and must do in this area
for the health of our ecosystems and communities, and for that reason,
I respectfully urge the Committee to incorporate floating solar energy
in this year's WRDA reauthorization.
Floating solar offers tremendous opportunity to expand our
renewable energy deployment while benefitting threatened water systems,
including preventing harmful algal blooms and reducing evaporation.
According to the National Renewable Energy Laboratory, 10 percent of
America's electricity needs could be met by deploying floating solar on
our country's human-made reservoirs. The Army Corps owns and operates
reservoirs across the country. I acknowledge that not every Army Corps
facility will be appropriate to host a floating solar array, but I
believe it is important that the Corps begin to consider the
possibility of these projects, which may be able to take advantage of
existing grid infrastructure and complement existing hydropower
resources. I urge the Committee to adopt language that I was pleased to
submit alongside my colleague, Congressman Jared Huffman, to identify
promising reservoirs and launch a demonstration project.
This technology is already yielding impressive benefits in other
countries, and is beginning to emerge as a promising industry at home.
I am thrilled that a community in my district, Cohoes, New York,
received funding in the Fiscal Year 2022 Omnibus Appropriations package
to install floating solar panels on a municipal reservoir. This effort
should serve as a model for the Army Corps and communities across the
nation as we scale this technology, implement smart, clean energy
systems, and drive down consumer costs.
Thank you again for the opportunity to testify and for your
continued work to strengthen and protect our nation's vital water
resources. I am happy to provide additional information to the
Committee about these requests, and I look forward to working with you
throughout the WRDA process.
Appendix A
[Appendix A (letter of support of H.R. 4677, New York-New Jersey
Watershed Protection Act) to Hon. Tonko's prepared statement is
retained in committee files and available online at https://
docs.house.gov/meetings/PW/PW02/20220316/114497/HHRG-117-PW02-Wstate-
T000469-20220316.pdf.]
Mr. Rouzer. We thank the gentleman. Are there any questions
for the gentleman?
Seeing none, we will move on to our next witness----
Mr. Tonko. Thank you, Mr. Rouzer.
Mr. Rouzer [continuing]. Our good friend--thank you. Our
next witness I would like to recognize is the good gentleman
from Georgia, Mr. Carter, for 5 minutes.
[Pause.]
Mr. Rouzer. Buddy, you are up. Can you hear us? You are
muted. You are muted.
Mr. Carter of Georgia. I am sorry. They got me in timeout
over here.
TESTIMONY OF HON. EARL L. ``BUDDY'' CARTER, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF GEORGIA
Mr. Carter of Georgia. Thank you, Mr. Chairman, and thank
you for the opportunity to testify before the committee today.
I have the honor and privilege of representing the First
Congressional District of Georgia. We have over 100 miles of
pristine coastline, two major seaports, tourism, seafood, and
more. The coastline is integral to our economy and to the
quality of life. But like most of the east coast, our area has
been hit by many hurricanes in the last few years.
The city of Tybee Island in Chatham County is taking these
natural disasters very seriously, and is a model for cities
across the country that are trying to prepare for these weather
crises. Among other things, the city is working on a major
beach renourishment project that uses Federal funds authorized
through the Water Resources Development Act.
However, the Corps of Engineers, in its latest cost-benefit
analysis study, jeopardizes the project's future beyond 2023.
Because of language in WRDA, the Corps is forced to use an
outdated cost-benefit model, which, in Tybee's case, can only
look at damages that might occur within the next 15 years.
Tybee, though, won't see damages until 2060, which is largely
due to the hard work and financial investments they have been
putting into the island in order to protect itself from weather
events.
My staff has discussed this issue with the Army Corps of
Engineers, Transportation and Infrastructure Committee staff,
and other Member offices, and we believe we have some
legislative language that would fix this situation. The
language specifically authorizes the Secretary to recommend
that Congress authorize up to 50 years of nourishment to begin
on the date of construction, and adds general study authority
to extend the period of nourishment for up to an additional 50
years after expiration of the original authorized period of
nourishment.
I have submitted the necessary language to this committee
for your consideration, which also includes a request that the
Corps include an area's tourism impact into its national
economic development assessment for a beach renourishment
project's cost-benefit ratio. I would strongly encourage you to
include my language in this year's version of WRDA.
Simply put, we need to ensure that our communities are
becoming more resilient in the face of these storms. But with
WRDA's current language and cost-benefit analysis, we are
punishing communities who are trying to take those steps.
In addition to the great need of Tybee, I have also offered
language in this year's WRDA, along with my friend and
colleague, Representative Sanford Bishop. The language requests
a study which would determine the feasibility of widening the
Savannah Harbor in the First Congressional District. This
widening would accommodate a greater throughput of larger
vessels that would, in turn, ensure the South's busiest port
can keep pace with the ever-growing demand for maritime
shipping.
Over the years, large vessels transporting containerized
cargo have increased in both length and width since design of
the existing project. In fact, there are multiple locations
within the Federal channel where vessels experience
navigational challenges due to vessel size. Larger container
vessels are experiencing transportation cost inefficiencies due
to these restrictions at targeted areas within the confined
Federal channel. As a result, the current channel conditions
limit the available operating times for large vessels, and
contribute to ship delays and supply chain restrictions.
If this study were included, it would investigate the
possible harbor improvements to the Savannah Harbor expansion
project, and I believe would increase transportation efficiency
and improve vessel safety and handling in the harbor.
This optimization is important, since the existing Federal
channel was designed to accommodate a vessel fleet dominated by
those with an 8,500 TEU capacity. Furthermore, the design
revision would allow the project to serve a fleet dominated by
vessels with nearly twice that capacity, which more accurately
represents the vessels currently calling on the Port of
Savannah.
I know that modifying the harbor to accommodate these
larger vessels will help to expand the channel's capacity,
accommodate increasing cargo volume demands, and significantly
enhance global connectivity for American businesses and
consumers.
As mentioned earlier, our district is blessed to have so
much opportunity for economic growth and increased quality of
life along the coast. We must make the necessary investments
which will not only help many of my constituents, but also so
many throughout our country as our seaport continues to grow.
Thank you again, Mr. Chairman and committee members, for
the opportunity to speak here today, and I yield back.
[Mr. Carter's prepared statement follows:]
Prepared Statement of Hon. Earl L. ``Buddy'' Carter, a Representative
in Congress from the State of Georgia
Good morning and thank you for the opportunity to testify before
the committee today.
I have the honor and privilege of representing the First
Congressional District of Georgia, which contains all 110 miles of the
State's beautiful coastline.
Between our two Georgia ports, tourism, seafood, and more, the
coastline is integral to our economy and quality of life.
But like most of the east coast, our area has been hit by many
hurricanes in the last few years.
The City of Tybee Island is taking these natural disasters very
seriously and is a model for cities around the country that are trying
to prepare for these weather events.
Among other things, the City is working on a major beach re-
nourishment project that uses federal funds authorized through the
Water Resources Development Act (WRDA).
However, the Corps of Engineers, in its latest cost/benefit
analysis study, jeopardizes the project's future beyond 2023.
Because of language in WRDA, the Corps is forced to use an outdated
cost/benefit model which, in Tybee's case, can only look at damages
that might occur within the next 15 years.
Tybee, though, won't see damages until 2060, which is largely due
to the hard work, and financial investments, they have been putting
into the island in order to protect itself from weather events.
My staff has discussed this issue with the Army Corps of Engineers,
T&I Committee staff, and other Member offices and we believe we have
some legislative language that would fix this situation.
The language specifically authorizes the Secretary to recommend
that Congress authorize up to 50 years of nourishment to begin on the
date of construction and adds general study authority to extend the
period of nourishment for up to an additional 50 years after expiration
of the original authorized period of nourishment.
I have submitted the necessary language to this committee for your
consideration, which also includes a request that the Corps include an
area's tourism impact into its NED (national economic development)
assessment for a beach nourishment project's Cost Benefit Ratio (CBR).
I would strongly encourage you to include my language in this year's
version of WRDA.
Simply put, we need to ensure that our communities are becoming
more resilient in the face of these storms, but with WRDA's current
language on cost/benefit analyses, we are punishing communities who are
trying to take those steps.
In addition to the great need on Tybee, I have also offered
language to this year's WRDA, along with my friend and colleague, Rep.
Sanford Bishop. The language requests a study, which would determine
the feasibility of widening the Savannah Harbor in the 1st District.
This widening would accommodate a greater throughput of larger vessels
that would in turn ensure the South's busiest port can keep pace with
the ever-growing demand for maritime shipping.
Over the years, large vessels transporting containerized cargo have
increased in both length and width since design of the existing
project.
In fact, there are multiple locations within the Federal channel
where vessels experience navigational challenges due to vessel size.
Larger container vessels are experiencing transportation cost
inefficiencies due to these restrictions at targeted areas within the
confined Federal channel.
As a result, the current channel conditions limit the available
operating times for large vessels and contribute to ship delays and
supply chain restrictions.
If this study were included, it would investigate the possible
harbor improvements to the Savannah Harbor Expansion Project (SHEP)
and, I believe, would increase transportation efficiency and improve
vessel safety and handling in the harbor.
This optimization is important since the existing Federal channel
was designed to accommodate a vessel fleet dominated by those with an
8,500 TEU capacity.
Furthermore, the design revision would allow the project to serve a
fleet dominated by vessels with nearly twice that capacity, which more
accurately represents the vessels currently calling on Savannah's
Harbor.
I know that modifying the harbor to accommodate these larger
vessels will help to expand the channel's capacity, accommodate
increasing cargo volume demands and significantly enhance global
connectivity for American businesses and consumers.
As mentioned earlier, our District is blessed to have so much
opportunity for economic growth and increased quality of life along the
coast. We must make the necessary investments, which will not only help
many of my constituents, but also so many throughout our country as our
seaport continues to grow.
Thank you, again, for the opportunity to speak today.
Mr. Rouzer. We thank the gentleman from Georgia. Are there
any questions for the gentleman?
Hearing none, we will move on to our next witness. I would
like to recognize the gentlewoman from Washington, Ms. Schrier,
for 5 minutes.
TESTIMONY OF HON. KIM SCHRIER, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF WASHINGTON
Dr. Schrier. Well, thank you very much, Mr. Chairman and
Ranking Member. I am delighted to have the opportunity to talk
with you today about two issues of real importance to me. One
is fish passage at the Howard Hanson Dam, and also language
from the Twenty-First Century Dams Act.
Let me tell you the story of Howard Hanson Dam and our
Federal obligation to provide downstream fish passage. Howard
Hanson Dam is an earthen dam that was constructed in 1961. It
sits along the Green River, and provides essential flood
control that protects thousands of homes, businesses, and
industries, particularly in Auburn and nearby cities in the
Green River Valley. It also provides safe drinking water to the
city of Tacoma and surrounding communities, including
underserved areas. Like many dams, though, it was built at a
time when not much consideration was given to fish passage. But
this river provides critical habitat for endangered salmon
species and, therefore, is also critical to the species that
rely on the Chinook, such as the Southern Resident orca.
Now, the Army Corps is required to create fish passage at
the dam to improve the recovery of salmon and steelhead listed
under the Endangered Species Act, and to uphold the Federal
Government's treaty and trust responsibility to Native American
Tribes. Work on this project was authorized in 1999, but the
Army Corps work stopped 10 years later, when costs exceeded
expectations. In the meantime, local governments, including the
city of Tacoma, utilities, and Tribes have all fulfilled their
part of the deal, putting millions of dollars into upstream
fish passage.
I want to emphasize here that there are few projects out
there that have such a broad base of support. There is
virtually no opposition to finishing the fish passage project
at Howard Hanson Dam. In fact, all Members of our Washington
delegation, Democrats and Republicans, signed on to my letter
calling for completion of the fish passage study and the
project itself. State, local, Tribal entities all concur. The
public concurs.
The reason that restoring upstream and downstream fish
passage in this river--well, it is so important--is that it
opens up over 100 miles of pristine spawning habitat in areas
that are inaccessible to people. And it stands to do more for
Chinook salmon recovery and our orca population than any other
project to date, even the Elwha Dam removal. It is a very big
deal.
Of note, the upstream passage is done. It was completed by
local stakeholders. But we can't send salmon upstream to spawn
if there is no downstream passage for the smolts. Budget
information and funding are really the only thing standing in
the way.
Last night my staff received word that the Corps has been
able to push up their schedule significantly in order to meet
funding deadlines. So the project is in a much better position
to make this year's WRDA. I respectfully request that full
consideration be given to this project in this year's WRDA.
According to the biological opinion, they have only until 2030
to complete the downstream fish passage facility, and we can't
afford to wait any longer, and must collectively act as our
delegation has, and as local stakeholders have, towards seeing
this project through to completion.
In my remaining time, I just want to take a moment to touch
on the Twenty-First Century Dams Act. There is a theme here.
There are provisions in this act that are critical all over
this country, but particularly for the Northwest.
I submitted language which included a suite of
infrastructure investments in the Nation's more than 90,000
dams to improve public safety, enhance clean energy output, and
restore the health of our Nation's rivers and ecosystems. This
request provides needed investment, as well as improvements to
critical dam safety programs, easier access to funding for
smaller State programs, and it exempts small, underserved
communities from cost sharing requirements. So, please give
consideration to that, as well.
Thank you very much for your attention to these two very
important issues.
[Dr. Schrier did not submit a prepared statement.]
Mr. Rouzer. We thank the gentlelady. Are there any
questions?
Seeing none, we will move on to our next witness, the
gentlewoman from Massachusetts, Mrs. Trahan, for 5 minutes.
TESTIMONY OF HON. LORI TRAHAN, A REPRESENTATIVE IN CONGRESS
FROM THE COMMONWEALTH OF MASSACHUSETTS
Mrs. Trahan. Hello, Mr. Chairman, thank you for holding
today's hearing, and for the opportunity to testify today.
By including these priorities as we reauthorize the Water
Resources Development Act, we will be able to undertake
critical water development projects that benefit communities
across our country.
In my district in Massachusetts, combined sewage overflows,
or CSOs, are an all-too-familiar issue. In fact, many of my
colleagues have come to know me as the sewage lady here in
Congress, because of how much I talk about the need to stop
sewage overflows. So, I don't think it was a surprise for
anyone when I used the five environmental infrastructure
requests that each Member was allotted to request
authorizations of $20 million each to fix the CSOs in Lowell,
Lawrence, Haverhill, Methuen, and Fitchburg.
CSOs are an issue that have plagued my district for as long
as I can remember. It was an issue when I toured Lowell's
Regional Wastewater Utility's facility as part of my first
infrastructure tour after being elected to the Congress just 3
years ago, and it remains an issue to this day. In fact, I was
just at that same facility again a few weeks ago.
Each year, hundreds of millions of gallons of waste are
dumped into the Merrimack River from Manchester, New Hampshire,
to Lowell, and all the way out to the mouth of the river in
Newburyport. And honestly, that is probably a conservative
estimate, based on some of the heavy rain years that we have
had recently.
In addition to polluting the treasure that is our river,
the human health effects from CSOs are also cause for alarm:
600,000 people rely on the Merrimack as their main drinking
water supply, and our gateway cities are continuing to grow.
The same is true with the Nashua River, where Fitchburg's
sewage overflows.
So Lowell, Lawrence, Haverhill, Methuen, and Fitchburg have
each taken a number of steps to drive down the amount of sewage
that must be discharged each year. And I certainly commend
their leadership on that. But each of us knows that this
doesn't get fixed without a serious course correction at the
Federal level.
Now, the Bipartisan Infrastructure Law is an excellent
start. Already the EPA has provided $188 million this year
alone for water infrastructure projects, including CSOs in
Massachusetts. But still, fixing CSOs is not cheap. Over the
last 15 years, Lowell has invested $150 million in CSO control
projects, resulting in a 60-percent reduction in annual volume
of CSO discharges. Even so, an average of 300 to 450 million
gallons of raw sewage are released into the river each year.
Overall, the city estimates it will cost roughly $400
million to eliminate all CSO discharges from its sewer systems.
Lawrence, Haverhill, Fitchburg, and Methuen also face the
daunting prospect of multimillion-dollar projects to fix their
CSOs.
The same is true for Manchester, New Hampshire, which is
further upstream along the Merrimack. In fact, Manchester dumps
221 million gallons in CSOs into the Merrimack each year. And
that is why my good friend, Mr. Pappas, a member of this
committee, also requested a $20 million authorization to help
Manchester fix its sewage system.
I strongly support this request, and I thank him for making
it. After all, we are all part of the Merrimack River
ecosystem, and sewage in the river in Manchester eventually
works its way to Lowell, to Methuen, to Lawrence, and to
Haverhill.
So Chairman DeFazio, Ranking Member Graves, my colleagues
on the committee, I am not asking for an authorization to fix
all of the sewage systems in my district, but I am asking for
your help to make a dent: $20 million authorizations for each
of these five cities will go a long way to cleaning up our
drinking water and improving the health of hundreds of
thousands of people in my district.
So, thank you again for the opportunity to testify today
and for considering my requests. I look forward to working with
all of you as we craft WRDA and find ways to help the
communities we serve.
Thank you, I yield back.
[Mrs. Trahan's prepared statement follows:]
Prepared Statement of Hon. Lori Trahan, a Representative in Congress
from the Commonwealth of Massachusetts
Mr. Chairman, thank you for holding today's hearing and for the
opportunity to testify today.
By including these priorities as we reauthorize the Water Resources
Development Act, or WRDA, we'll be able to undertake critical water
development projects that benefit communities across the country.
In my district, combined sewage overflows, or CSOs, are an all too
familiar issue.
In fact, many of my colleagues have come to know me as the sewage
lady because of how much I talk about the need to stop sewage
overflows.
So, I don't think it was a surprise for anyone when I used the five
environmental infrastructure requests that each Member was allotted to
request authorizations of $20 million each to fix the CSOs in Lowell,
Lawrence, Haverhill, Methuen, and Fitchburg.
CSOs are an issue that have plagued my district for as long as I
can remember.
It was an issue when I toured Lowell's Regional Wastewater
Utility's facility as part of my first infrastructure tour after being
elected to Congress three years ago.
And it remains an issue to this day. In fact, I was just at that
facility again a few weeks ago.
Each year, hundreds of millions of gallons of waste are dumped into
the Merrimack--from Manchester to Lowell and all the way out to
Newburyport--and honestly, that's probably a conservative estimate
based on some of the heavy rain years we've had recently.
In addition to polluting the treasure that is the river, the human
health effects from CSOs are also cause for alarm.
600,000 people rely on the Merrimack as their drinking water
supply--and our gateway cities are continuing to grow. The same is true
with the Nashua River, where Fitchburg's sewage overflows.
Lowell, Lawrence, Haverhill, Methuen, and Fitchburg have each taken
a number of steps to drive down the amount of sewage that must be
discharged each year--and I commend their leadership on that.
But each of us knows that this doesn't get fixed without a serious
course correction at the federal level.
Now, the Bipartisan Infrastructure Law is an excellent start.
Already, the EPA has provided $188 million this year alone for water
infrastructure projects, including CSOs, in Massachusetts.
Still, fixing CSOs is not cheap. Over the last 15 years, Lowell has
invested $150 million in CSO control projects, resulting in a 60%
reduction in annual volume of CSO discharges.
Even so, an average of 300-450 million gallons of raw sewage are
released into the river each year.
Overall, the city estimates it will cost roughly $400 million to
eliminate all CSO discharges from its sewer systems.
Lawrence, Haverhill, Fitchburg, and Methuen also face the daunting
prospect of multi-million dollar projects to fix their CSOs.
The same is true for Manchester, New Hampshire, which is further
upstream along the Merrimack.
In fact, Manchester dumps 221 million gallons in CSOs into the
Merrimack each year.
That is why my good friend, Mr. Pappas, a member of this committee,
also requested a $20 million authorization to help Manchester fix its
sewage systems.
I strongly support this request and thank him for making it.
After all, we are all a part of the Merrimack Valley ecosystem--and
sewage in the river in Manchester eventually works its way to Lowell,
to Methuen, to Lawrence, and to Haverhill.
Chairman DeFazio, Ranking Member Graves, and my colleagues on the
Committee, I'm not asking for an authorization to fix all of the sewage
systems in my district.
But I am asking for your help to make a dent.
$20 million authorizations for each of these five cities will go a
long way to cleaning up our drinking water and improving the health of
hundreds of thousands of people in my district.
Thank you again for the opportunity to testify today and for
considering my requests.
I look forward to working with all of you as we craft WRDA and find
ways to help the communities we serve.
Mr. Rouzer. Well, thank you very much, very interesting.
Are there any questions?
Seeing none, we will move on to our next witness online. I
would like to recognize the gentlewoman from Delaware, Ms.
Blunt Rochester, for 5 minutes.
TESTIMONY OF HON. LISA BLUNT ROCHESTER, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF DELAWARE
Ms. Blunt Rochester. Chair Napolitano, Ranking Member
Rouzer, and members of the Subcommittee on Water Resources and
Environment, good morning, and thank you for the opportunity to
testify at this Members' Day hearing on the proposals for a
Water Resources Development Act of 2022.
I come from the State of Delaware, where we feel the
impacts of sea level rise daily. As the State with the lowest
mean elevation, our coastal and riverbank communities have for
decades fought the effects of climate change. Every day, I hear
from my constituents the urgent need to protect and invest in
our shorelines and riverbanks. Thousands of Delawareans have
felt the impact of shoreline riverbank erosion.
Just last September, Hurricane Ida caused historic flooding
in the downtown Wilmington area from the overflowing Brandywine
River, causing displacement of families. And last October,
following a nor'easter, high tides caused extensive erosion,
dune damage, and flooding to our beaches and beach communities
in Sussex County.
As Delawareans, we are not only concerned about the damage
to our homes, but we are also concerned about how the ongoing
impacts of climate change and extreme weather events will
impact our State's economy and natural heritage. Not only do
Delaware beaches provide an important natural defense between
the rising sea water and our homes and roads, they also provide
a recreational space for the more than 9 million visitors that
come to our beaches every year, and are home to a diverse
collection of plants and animals, including the celebrated
horseshoe crab.
For over 20 years, the State of Delaware and its local
communities have worked in tandem with the U.S. Army Corps of
Engineers to address shoreline and riverbank erosion and
protect Delaware communities through the construction and
maintenance of coastal storm risk management projects. Although
the Philadelphia District has been a great partner, the Corps
simply doesn't have the funding and the authority they need to
protect the communities in Delaware from storms and rising sea
levels.
Fortunately, we have the opportunity in WRDA to empower the
Corps to do more. We can and must provide them with the
additional funding, resources, and authority to protect our
shorelines and riverbanks and the communities that surround
them. That is why earlier this year I was proud to introduce
H.R. 6705, the bicameral and bipartisan Shoreline Health
Oversight, Restoration, Resilience, and Enhancement Act,
otherwise known as the SHORRE Act, along with my colleague,
Representative Garret Graves from Louisiana, and Senators
Carper and Cassidy.
The SHORRE Act elevates shoreline and riverbank protection
and restoration as a primary mission of the Army Corps, and
expands the Corps' existing river flood mitigation and
restoration authority. It gives the Corps the tools it needs to
safeguard our riverbanks, coastlines, and coastal communities
against flooding, promoting resilient and sustainable natural
projects that address climate change.
Additionally, the inclusion of this legislation will make
it easier for our low-wealth and underresourced communities to
partner with the Corps by reducing cost sharing, and it works
to ensure that project implementation is more flexible and more
efficient.
I support the full inclusion of the SHORRE Act in the Water
Resources Development Act of 2022. And while the SHORRE Act is
my top priority for WRDA, I would also like to advocate for
three additional priorities that are important for my
constituents.
First, I would like to advocate for the inclusion of New
Castle County to the list of eligible entities under the
environmental infrastructure program, which will allow the
county to pursue funding for critical wastewater and stormwater
system improvements and infrastructure.
Second, I would also like to advocate for funding to
rehabilitate, retrofit, and remove dams across the country to
help improve public safety. According to the American Society
of Civil Engineers infrastructure report card, Delaware has
over 63 high-hazard dams. Delaware also has small low-head
dams, including dams along the Brandywine River, which are not
only safety hazards, but also impact the river's natural
ecosystem and biodiversity.
And third, I would like to advocate for the expansion of
the existing environmental infrastructure project in
southeastern Pennsylvania to include the lower Delaware River
Basin, which would expand the reach of the existing project and
help abate flooding in the basin.
I want to thank the committee for your tireless commitment
and work on this legislation. And on behalf of the First State,
thank you for your consideration, and I look forward to working
with you all.
[Ms. Blunt Rochester's prepared statement follows:]
Prepared Statement of Hon. Lisa Blunt Rochester, a Representative in
Congress from the State of Delaware
Chair Napolitano, Ranking Member Rouzer, and members of the
Subcommittee on Water Resources and Environment, good morning and thank
you for the opportunity to testify at this Members' Day Hearing on the
proposals for a Water Resources Development Act of 2022.
In Delaware, we feel the impacts of sea-level rise daily. As the
state with the lowest mean elevation, our coastal and riverbank
communities have for decades fought the effects of climate change.
Every day I hear from my constituents the urgent need to protect and
invest in our shorelines and riverbanks.
Thousands of Delawareans have felt the impact of shoreline and
riverbank erosion. Just last September, Hurricane Ida caused historic
flooding in downtown Wilmington from the overflowing Brandywine River.
And last October, following a nor'easter, high tides caused extensive
erosion, dune damage, and flooding to our beaches and beach communities
in Sussex County. As Delawareans, we are not only concerned about the
damage to our homes--but we are also concerned about how the ongoing
impacts of climate change and extreme weather events will impact our
state's economy and ecosystem.
Not only do Delaware beaches provide an important natural defense
between the rising seawater and our homes and roads--but they also
provide a recreational space for the more than 9 million visitors that
come to our beaches every year \1\ and are home to a diverse collection
of plants and animals, including the horseshoe crab.\2\
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\1\ https://www.capegazette.com/article/record-9-million-tourists-
come-delaware/151944
\2\ https://dnrec.alpha.delaware.gov/outdoor-delaware/nourishing-
delawares-beaches/
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For over twenty years, the State of Delaware and its local
communities have worked in tandem with the U.S. Army Corps of Engineers
to address shoreline and riverbank erosion and protect Delaware
communities through the construction and maintenance of coastal storm
risk management projects. Although the Philadelphia District has been a
great partner, the Corps simply doesn't have the funding and authority
they need to protect the communities in Delaware from storms and rising
sea levels. Fortunately, we have the opportunity in WRDA 2022 to
empower the Corps to do more.
We can provide them with the additional funding, resources, and
authority to protect our shorelines and riverbanks and the communities
that surround them--which is why earlier this year, I was proud to
introduce H.R. 6705, the bicameral and bipartisan Shoreline, Health,
Oversight, Restoration, Resilient and Enhancement Act or SHORRE Act,
along with my colleague Representative Garret Graves from Louisiana--
and Senators Carper and Cassidy.
The SHORRE Act elevates shoreline and riverbank protection and
restoration as a primary mission of the Army Corps--and expands Corps'
existing river flood mitigation and restoration authority.
It gives the Corps the tools it needs to safeguard our riverbanks,
coastlines, and coastal communities against flooding--promoting
resilient and sustainable natural project that addresses climate
change. Additionally, the inclusion of this legislation will make it
easier for our low-income communities to partner with the Corps by
reducing cost-sharing and works to ensure that project implementation
is more flexible and more efficient.
I support the full inclusion of the SHORRE Act in the Water
Resources Development Act of 2022.
While the SHORRE Act is my top WRDA priority, I'd also like to
advocate for three additional priorities that are important for my
constituents.
First, I'd like to advocate for the inclusion of New Castle County
to the list of eligible entities under the Environmental Infrastructure
Program, which would allow the County to pursue funding for critical
wastewater and stormwater system improvements and infrastructure.
Second, I'd also like to advocate for funding to rehabilitate,
retrofit, and remove dams across the country to help improve public
safety. According to the American Society of Civil Engineers
Infrastructure Report Card, Delaware has over 63 high-hazard dams.\3\
Delaware also has smaller low-head dams, including dams along the
Brandywine River, which are not only safety hazards, but also impact
the river's natural ecosystem and biodiversity.\4\
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\3\ https://infrastructurereportcard.org/state-item/delaware/
\4\ https://www.americanrivers.org/2022/02/25-dams-to-watch-in-
2022/
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And third, I'd like to advocate for the expansion of the existing
environmental infrastructure project in Southeastern Pennsylvania to
include the Lower Delaware River Basin, which would expand the reach of
the existing project and help abate flooding in the Lower Delaware
River Basin.
I want to thank the Committee for their commitment and work on this
legislation. On behalf of the First State, thank you for your
consideration and I look forward to working with you all.
Mr. Rouzer. Are there any questions for the gentlewoman?
Seeing none, we thank her for her testimony, and we will
now move forward to recognize the next witness, the gentlewoman
from New York, Ms. Meng, for 5 minutes.
TESTIMONY OF HON. GRACE MENG, A REPRESENTATIVE IN CONGRESS FROM
THE STATE OF NEW YORK
Ms. Meng. Chair Napolitano, Ranking Member Rouzer, and
distinguished members of the House Transportation and
Infrastructure Subcommittee on Water Resources and Environment,
thank you for allowing me to testify today.
I am honored to share with you all my priorities as the
committee considers reauthorization of the 2022 Water Resources
Development Act that will support the safety and well-being of
my constituents in Queens, New York.
Last September, the remnants of Hurricane Ida caused record
rainfall in New York City. Indeed, the National Weather
Service, for the first time, issued a flash flood emergency for
the city. The downpour caused massive flooding, where the
streets literally became rivers, and waterfalls poured down
into the subway system. Queens was hit particularly hard, and
many of my constituents suffered devastating losses. Many were
left without a home, a car, or their possessions. Tragically,
16 New Yorkers lost their lives in the storm, including 13
individuals who succumbed to the catastrophic flooding. Of
those 16 deaths, 6 were my constituents. Many of the storm's
victims died in their own homes. They lived in basement
apartments that flooded too quickly--within seconds--for them
to escape.
This catastrophic flooding happened because New York City's
sewer and water management systems were not built to handle the
volume of rainfall from the storm. According to city officials,
the water management system in New York City, which was built
over a century ago, can only handle rainfall that is less than
2 inches per hour. At its peak, Ida's rainfall was over 3
inches per hour in parts of the city, far too fast and heavy
for the existing infrastructure to handle. New York City was
unprepared for Ida, and remains unprepared for another storm of
its magnitude.
And Hurricane Ida is not an isolated incident. Just 2 weeks
before Ida, Tropical Storm Henri also broke the existing record
for rainfall in an hour in New York City. In fact, 4 of the 20
heaviest downpours in New York all happened within the last
year. As climate change continues to cause more and more severe
weather-related storms and natural disasters, we are going to
see more events like Ida.
We need to ensure that our communities are resilient to
meet the challenges ahead, and New York City needs help to
prevent Hurricane Ida's tragedies from repeating themselves.
The four environmental infrastructure projects that I bring
before the committee's consideration will bring invaluable help
for New York City to make its sewer and water management
systems more resilient to heavy rainfall, and will lower the
risk of flooding and, by extension, death.
These projects will install new water mains and
rehabilitate or replace sewer lines to improve stormwater
management. They will improve drinking water distribution,
reduce sewer backups, and relieve flooding. Investing in New
York City's water and sewer system is crucial to saving the
lives and the livelihoods of my constituents as we continue to
encounter the threat from climate change and extreme weather.
Thank you again for your time and consideration of these
matters. I ask that the chair and ranking member consider my
projects for inclusion in this year's WRDA reauthorization to
protect the people and families of Queens, and I yield back.
[Ms. Meng's prepared statement follows:]
Prepared Statement of Hon. Grace Meng, a Representative in Congress
from the State of New York
Chair Napolitano, Ranking Member Rouzer, and distinguished Members
of the House Transportation and Infrastructure Subcommittee on Water
Resources and Environment, thank you for allowing me to testify today.
I am honored to share with you all my priorities as the Committee
considers reauthorization of the Water Resources Development Act (WRDA)
of 2022, that will support the safety and wellbeing of my constituents
in Queens, New York.
Last September, the remnants of Hurricane Ida caused record
rainfall in New York City; indeed the National Weather Service for the
first time issued a flash flood emergency for the City. The downpour
caused massive flooding where the streets became rivers, and waterfalls
poured down into the subway system. Queens was hit particularly hard,
and many of my constituents suffered devastating losses; many were left
without a home, a car, or their possessions.
Tragically, 16 New Yorkers lost their lives in the storm, including
13 individuals who succumbed to the catastrophic flooding; of those 16
deaths, 6 were my constituents. Many of the storm's victims died in
their own homes; they lived in basements apartments that flooded too
quickly for them to escape. This catastrophic flooding happened because
New York City's sewer and water management systems were not built to
handle the volume of rainfall from the storm.
According to City officials, the water management system in New
York City, which was built over a century ago, can only handle rainfall
that is less than 2 inches an hour. At its peak, Ida's rainfall was
over 3 inches per hour in parts of the City, far too fast and heavy for
the existing infrastructure to handle. New York City was unprepared for
Ida, and remains unprepared for another storm of its magnitude. And
Hurricane Ida is not an isolated incident. Just two weeks before Ida,
Tropical Storm Henri also broke the existing record for rainfall in an
hour in New York City. In fact, four of the 20 heaviest downpours in
New York happened last year.
As climate change continues to cause more and more severe weather-
related storms and natural disasters, we are going to see more often
events like Ida. We need to ensure that our communities are resilient
to meet the challenges ahead. And New York City needs help to prevent
Hurricane Ida's tragedies from repeating themselves. The four
Environmental Infrastructure projects that I bring before the
Committee's consideration will bring invaluable help for New York City
to make its sewer and water management systems more resilient to heavy
rainfall, and will lower the risk of flooding and by extension, death.
These projects will install new water mains and rehabilitate or
replace sewer lines to improve stormwater management. They will improve
drinking water distribution, reduce sewer backups, and relieve
flooding. Investing in New York City's water and sewer system is
crucial to saving the lives and livelihoods of my constituents as we
continue to encounter the threat from climate change and extreme
weather.
Thank you again for your time and consideration of these matters. I
ask that the Chair and Ranking Member consider my projects for
inclusion in this year's WRDA reauthorization to protect the people of
Queens.
Mr. Rouzer. Are there any questions for the gentlewoman?
Seeing none, we thank her, and we will move to our next
witness, the gentleman from Indiana, Mr. Mrvan, for 5 minutes.
TESTIMONY OF HON. FRANK J. MRVAN, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF INDIANA
Mr. Mrvan. Chairman DeFazio and Ranking Member Graves,
subcommittee Chair Napolitano and Ranking Member Rouzer, I
appreciate the opportunity to testify at today's hearing on the
Water Resources Development Act of 2022.
On behalf of Indiana's First Congressional District,
located in the environs of Chicago and home to 44 miles of Lake
Michigan shoreline, I am seeking an increase of $25 million in
the Federal authorization for section 219 Calumet region
environmental infrastructure authority, from $100 million to
$125 million.
The Calumet region environmental infrastructure authority
allows the U.S. Army Corps of Engineers to provide technical
planning, design, and construction to non-Federal interests,
who have environmental infrastructure needs in Indiana's First
Congressional District. These needs include development of
wastewater treatment and related facilities and water supply,
and treatment and distribution facilities.
Over the past decades, this program authority has been
integral in the efforts of local communities to improve our
quality of place, safeguard the public health, and improve
sustainability of water resources. Northwest Indiana is home to
major industrial and manufacturing interests, and our
communities rely on sewer systems that are currently operating
beyond their expected life cycle. This situation has resulted
in frequent sewage backups in environmental justice
communities.
During more frequent significant weather events, untreated
municipal discharges empty into Lake Michigan, which poses a
public health and environmental threat to our region and
beyond. A $25 million increase in section 219 funding authority
for the Calumet region environmental infrastructure authority
will ensure continued construction assistance that will
eliminate or improve combined sewer systems, reduce pollution
in our waterways, remove failing septic systems, and provide
clean drinking water, as well as additional water-related
infrastructure, designed to protect area rivers and streams
leading into Lake Michigan.
In conclusion, I am requesting a $25 million increase in
section 219 Calumet region environmental infrastructure
authority and believe that this authority remains an
indispensable resource for northwest Indiana to grow our
economy and improve our quality of life.
Thank you again for hosting this hearing, and for the
opportunity to testify.
[Mr. Mrvan's prepared statement follows:]
Prepared Statement of Hon. Frank J. Mrvan, a Representative in Congress
from the State of Indiana
Chairman DeFazio and Ranking Member Graves, Subcommittee Chair
Napolitano and Ranking Member Rouzer, I appreciate the opportunity to
testify at today's hearing on the Water Resources Development Act of
2022.
On behalf of Indiana's First Congressional District, located in the
environs of Chicago and home to 44 miles of Lake Michigan Shoreline, I
am seeking an increase of $25 million in the federal authorization for
the Section 219--Calumet Region Environmental Infrastructure Authority,
from $100 million to $125 million.
As you know, the Calumet Region Environmental Infrastructure
Authority is currently established under WRDA 1992, Section 219, as
amended by WRDA 1996, Section 504 and WRDA 1999, Section 502, and FY04
Appropriation Bill, Section 145.
The Calumet Region Environmental Infrastructure Authority allows
the U.S. Army Corps of Engineers to provide technical planning, design,
and construction to non-federal interests who have environmental
infrastructure needs in Indiana's First Congressional District. These
needs include development of wastewater treatment and related
facilities and water supply, treatment and distribution facilities.
Over the past decades, this program authority has been integral to the
efforts of local communities to improve our quality of place, safeguard
the public health, and improve sustainability of water resources.
Northwest Indiana is home to major industrial and manufacturing
interests, and our communities rely on sewer systems that are currently
operating beyond their expected life-cycle. This situation has resulted
in frequent sewage backups in environmental justice communities. During
more frequent significant weather events, untreated municipal
discharges empty into Lake Michigan, which poses a public health and
environmental threat to our region and beyond.
A $25 million increase in Section 219 funding authority for the
Calumet Region Environmental Infrastructure Authority will ensure
continued construction assistance that will eliminate or improve
combined sewer systems, reduce pollution in our waterways, remove
failing septic systems, and provide clean drinking water, as well as
additional water-related infrastructure, designed to protect area
rivers and streams leading into Lake Michigan.
In conclusion, I am requesting a $25 million increase in the
Section 219--Calumet Region Environmental Infrastructure Authority, and
believe that this authority remains an indispensable resource for
Northwest Indiana to grow our economy and improve our quality of life.
Thank you again for hosting this hearing and the opportunity to
testify.
Mrs. Napolitano [presiding]. Thank you for your testimony.
Reclaiming my time, I would very much like to recognize our
next witness, the gentleman from Illinois, Mr. Foster, for 5
minutes.
TESTIMONY OF HON. BILL FOSTER, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF ILLINOIS
Mr. Foster. Thank you. Good morning, Chairwoman Napolitano
and Ranking Member Rouzer, and thank you for holding this
Members' Day hearing, and to all the members of the
Subcommittee on Water Resources and Environment for allowing me
to testify here today.
I am here this morning to urge full Federal funding for the
remaining design, construction, operation, maintenance, repair,
replacement, and rehabilitation of the Brandon Road Asian carp
barrier and lock and dam project in my district, and to request
that Will County be included in the United States Army Corps of
Engineers' section 219 environmental infrastructure
authorization.
The Brandon Road Lock and Dam, located on the Des Plains
River in Joliet, Illinois, serves as the last line of defense
to prevent the spread of Asian carp and other aquatic invasive
species from reaching Lake Michigan and all the tributaries and
lakes in the Great Lakes Basin.
Asian carp were first introduced in Arkansas and have
traveled up the Mississippi River. If this species reaches the
Great Lakes, it would create an environmental and economic
catastrophe throughout the upper Midwest. And that is why
supporting the Brandon Road Lock and Dam project has always
been one of my greatest priorities.
I commend the Federal Government's recognition of the
importance of the Brandon Road Lock and Dam project through
past legislative and agency actions. Most recently, the U.S.
Army Corps of Engineers announced $225 million to move forward
on this project. Thanks to the Infrastructure Investment and
Jobs Act, the Army Corps of Engineers finally has the resources
it needs to finish planning and begin construction of this
critical project that will help protect Illinois waterways, and
the rivers and lakes that define the Great Lakes region.
Illinois and the Great Lakes States did not create this
Asian carp problem, and we should not be forced to bear the
entire cost of protecting the Great Lakes region. Therefore, we
request full Federal funding for the Brandon Road Lock and Dam
project in the 2022 Water Resources Reform and Development Act.
I would also like to draw attention to another project that
requires funding in my district: the inclusion of Will County
in the environmental infrastructure authorization. I strongly
support their request, because it will enable them to expand
and support water treatment, water supply, sewer, stormwater,
storage treatment, and distribution projects in the district.
Will County is one of the fastest growing jurisdictions in
Illinois, and home to the largest inland port in North America.
The county is rapidly diversifying and growing, but the
population and economic growth have strained both local
infrastructure and resources.
In recent years, the area has experienced an increase in
flooding incidents along both the Kankakee and DuPage Rivers,
and a dramatic increase in both rainfall and snowfall,
straining current water and sewer infrastructure. Funding these
projects will improve the quality of life for residents in some
of our most disadvantaged communities in the county, enhance
the quality of treatment of water and stormwater drainage, and
address public safety concerns.
Working with my colleagues, I urge your strong
consideration of our request for Will County. And thank you
again, and I yield back the balance of my time.
[Mr. Foster's prepared statement follows:]
Prepared Statement of Hon. Bill Foster, a Representative in Congress
from the State of Illinois
Good morning, and thank you, Chairwoman Napolitano and Ranking
Member Rouzer for holding this Members' Day Hearing, and to the Members
of the Subcommittee on Water Resources and Environment for allowing me
to testify here today.
I am here this morning:
To urge full federal funding for the remaining design,
construction, operation, maintenance, repair, replacement, and
rehabilitation of the Brandon Road Lock and Dam Project in my district.
And to request that Will County be included under the
United States Army Corps of Engineers Section 219, Environmental
Infrastructure authorization.
The Brandon Road Lock and Dam, located along the Des Plaines River
in Joliet, Illinois, serves as the last line of defense to prevent the
spread of Asian Carp and other aquatic invasive species from reaching
Lake Michigan and all the tributaries and lakes in the Great Lakes
basin.
Asian Carp was first introduced in Arkansas and has traveled up the
Mississippi River. If the species reaches the Great Lakes, it could
create an environmental and economic catastrophe.
That's why supporting the Brandon Road Lock and Dam Project has
always been one of my most important priorities.
I commend the Federal Government's recognition of the importance of
the Brandon Road Lock and Dam Project through past legislative and
agency actions.
Most recently, the U.S. Army Corps of Engineers announced that they
allocated 225 million dollars to move forward on this project.
Thanks to the Infrastructure Investment and Jobs Act, the Army
Corps of Engineers finally has the resources it needs to finish
planning and begin construction on this critical project that will help
protect Illinois waterways and the rivers and lakes that define the
Great Lakes region.
Illinois and the Great Lake states did not create this Asian Carp
problem, so we should not be forced to bear the cost of protecting the
entire Great Lakes region.
Therefore, we request full federal funding for Brandon Road Lock
and Dam Project in the 2022 Water Resources Reform and Development Act.
I would also like to draw your attention to another project that
requires funding in my district--the inclusion of Will County in the
Environmental Infrastructure Authorization.
I strongly support their request because it will enable them to
expand and support water treatment, water supply, sewer, stormwater,
storage treatment, and distribution projects in the district.
Will County is one of the fastest-growing jurisdictions in Illinois
and home to the largest inland port in North America.
The County is rapidly diversifying and growing, but the population
and economic growth have strained both local infrastructure and
resources.
In recent years, the area has experienced an increase in flooding
incidents along both the Kankakee and DuPage rivers and a dramatic
increase in both rain and snowfall, straining current water and sewer
infrastructure.
Funding these projects will improve the quality of life for
residents in some of the most disadvantaged communities in the County,
enhance the quality of treatment of water and stormwater drainage, and
address public safety concerns.
Working with my colleagues, I urge your strong consideration of our
request for Will County.
Thank you again, and I yield back the balance of my time.
Mrs. Napolitano. Thank you, Mr. Foster. I appreciate your
testimony.
And we would like to recognize our next witness, the
gentleman from Kansas, Mr. Mann, for 5 minutes, sir.
TESTIMONY OF HON. TRACEY MANN, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF KANSAS
Mr. Mann. Chairman DeFazio, Ranking Member Graves,
Chairwoman Napolitano, Ranking Member Rouzer, and members of
the committee, I appreciate the opportunity to testify before
you today.
I represent the ``Big First'' district of Kansas, which is
the exact center of America, and the breadbasket of the
country. We are the largest beef-producing district in the
Nation, and we are home to more than 60,000 farms, ranchers,
and agricultural businesses. So, it is easy to see why
advocating for Kansas farmers, ranchers, and agricultural
producers is one of the greatest privileges of my job in
Congress. And when legislation like the Water Resources
Development Act comes up, I will always stand up to make sure
that the voices of the Big First are heard.
Water is obviously an integral part of agriculture thriving
in America. Kansans use it to produce the most affordable and
safe food supply in the world. That said, where there is too
much water from a flood, or not enough water from drought,
agricultural producers walk a fine line as they ensure that
America remains the most food secure country in the world.
For agricultural businesses to function well, producers
need to be able to transport goods and commodities safely,
securely, and promptly. They need smooth, commercial traffic to
flow through our ports and inland waterways. They need flood
control and abatement in both the planning stage and emergency
relief, and they need improved infrastructure on our waterways
like locks and dams. Accordingly, I believe that WRDA is good
for both agriculture itself and agricultural businesses in this
country.
WRDA lets the Army Corps of Engineers work to strengthen
the infrastructure in communities facing repeated flooding and
reduce the cost of water by adjusting existing water supply
contracts. These are great moves for our country that will keep
our people safe and keep money in their pockets.
WRDA helps protect not only people's livelihoods, but also
their actual lives. I have seen firsthand the damage and
horrors that can result from flooding, like last May, when it
happened in Natoma, Kansas, when flash floods from heavy rains
damaged more than half of the homes in town. Shockingly, Natoma
didn't qualify for FEMA relief, and only two people had flood
insurance.
When we allow WRDA to work, it isn't just good for farmers,
ranchers, and agricultural producers. It is good policy for our
whole country. WRDA is an effective way to steward taxpayer
dollars by responsibly investing in our country upfront, rather
than spending even more on the back end with disaster relief
funding.
For America to run smoothly, we need to develop strong
water infrastructure and water programs to protect homes and
businesses, and make sure that weather emergencies don't
cripple us. WRDA can help us do just that, which is why I am
outlining my priorities here today. When I see a policy like
WRDA that protects people's lives and livelihoods, provides for
quick and effective responses in the event of disasters, and
makes sure that people aren't overpaying for their utilities,
that is a policy that I can support.
And with that, Madam Chairwoman, I yield back.
[Mr. Mann's prepared statement follows:]
Prepared Statement of Hon. Tracey Mann, a Representative in Congress
from the State of Kansas
Chairman DeFazio, Ranking Member Graves, Chairwoman Napolitano,
Ranking Member Rouzer, and Members of the Committee, I appreciate the
opportunity to testify before you today.
I am Tracey Mann, and I represent the Big First District of Kansas,
which is the pilot light of America and the breadbasket of this
country. We are the largest beef-producing district in the nation, and
we are home to more than 60,000 farms, ranches, and agricultural
businesses. So, it's easy to see why advocating for Kansas farmers,
ranchers, and agricultural producers is one of the great privileges of
my job in Congress, and when legislation like the Water Resources
Development Act comes up, I will always stand up to make sure that the
voices of the Big First are heard.
Water is obviously an integral part of agriculture thriving in
America--Kansans use it to produce the most affordable and safe food
supply in the world. That said, whether it's too much water from a
flood, or not enough water from drought, agricultural producers walk a
fine line as they ensure that America remains the most food secure
country in the world. For agricultural businesses to function well,
producers need to be able to transport goods and commodities safely,
securely, and promptly; they need smooth commercial traffic to flow
through our ports and inland waterways, they need flood control and
abatement in both the planning stage and emergency relief, and they
need improved infrastructure on our waterways like locks and dams.
Accordingly, I believe that WRDA is good for both agriculture itself,
and agricultural businesses in this country.
A good reauthorization of WRDA would let the Army Corps of
Engineers work to strengthen the infrastructure in communities facing
repeated flooding and reduce the cost of water by adjusting existing
water supply contracts. These are great moves for our country that will
keep people safe and keep money in their pockets. A good
reauthorization of WRDA would help protect not only people's
livelihoods, but also their actual lives. I've seen firsthand the
damage and horrors that can result from flooding--last May it happened
in Natoma, KS, when flash floods from heavy rains damaged more than
half of the homes in town. Shockingly, Natoma didn't qualify for FEMA
relief and only two people had flood insurance. When we allow WRDA to
work, it isn't just good for farmers, ranchers, and agricultural
producers--it's good policy for our whole country. WRDA is an effective
way to steward taxpayer dollars by responsibly investing in our country
upfront, rather than spending even more on the backend with disaster
relief funding.
For America to run smoothly, we need to develop strong water
infrastructure and water programs to protect homes and businesses and
make sure that weather emergencies don't cripple us. WRDA can help us
do just that, which is why I am outlining my priorities here today.
When I see a policy like WRDA that protects people's lives and
livelihoods, provides for quick and effective responses in the event of
disasters, and makes sure that people aren't overpaying for their
utilities, that's a policy that I can support.
Mrs. Napolitano. Thank you, sir, for your testimony. The
committee will stand in recess until 12:20.
We thank you, and we will reconvene in 20 minutes.
[Recess.]
Mrs. Napolitano. I call the committee to order, and thank
you for all the testimony prior to this, and we will now
recognize our next Member of Congress, the gentleman from
Georgia, Mr. Bishop, for 5 minutes.
TESTIMONY OF HON. SANFORD D. BISHOP, Jr., A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF GEORGIA
Mr. Bishop of Georgia. Thank you very much, Chairwoman
Napolitano and Ranking Member Rouzer. Thank you for giving me
the opportunity to speak today to ask that the subcommittee
give the fullest consideration to my Water Resources
Development Act requests.
But I also want to commend the leadership of Chairman
DeFazio and Ranking Member Graves for their important work on
this issue, as well.
I have submitted five requests to the committee which will
address longstanding environmental and infrastructure concerns
that have an impact on Georgia's Second Congressional District
and throughout the State.
My first priority is to address the perennial problem of
aquatic invasive species, particularly hydrilla, that have
plagued Lake Seminole for the past 20 years. Many areas of the
lake are inaccessible because of hydrilla, an aggressive weed.
It negatively affects water quality, the economy, the
biosphere, and local businesses.
I am joined by both Congressman Lawson and Congressman Dunn
of Florida in asking that the subcommittee identify hydrilla as
an additional aquatic invasive species of concern by amending
section 1108 of the Water Resources Development Act of 2018,
which directs the Army Corps of Engineers to research their
prevention, management, and eradication. Adding hydrilla to the
list will emphasize the range of aquatic invasive species that
plague U.S. waterways, as well as focus the Corps of Engineers'
attention on hydrilla, a particularly pernicious plant.
My next two requests would greatly improve water quality
and water infrastructure in Albany, Georgia.
One request would address combined sewer overflow. During
hard rains, millions of gallons of sewage mix with hundreds of
millions of gallons of rainwater, and this results in an
unhealthy discharge into the Flint River. While the city has
made progress separating the overflow, they would benefit from
Federal support to separate sewage from the rainwater. For this
project, I am requesting an authorization of $105 million in
funding for this environmental infrastructure project.
The next project for Albany involves the city's flood
plain. July marked the 27th remembrance of the 1994 flood,
which was a 500-year flood that, literally, submerged Albany,
and separated the city with floodwaters from the Flint River.
The Albany State University campus was up to its rooftops and,
of course, followed 4 years later by another 500-year flood
that had the same results. The people of Albany still remember
the tragedies that resulted from that. And so Albany, still
being flood-prone, we are asking that the subcommittee support
my request for a study on the feasibility of modifying the
landscape to reduce the city's flood potential.
My fourth request focuses on Georgia's maritime shipping
infrastructure. As the dean of the Georgia congressional
delegation, I join my friend and colleague, Buddy Carter, in
requesting a study to determine the feasibility of widening the
Savannah Harbor to accommodate a greater throughput of large
vessels to ensure that the South's busiest port can keep pace
with the ever-growing demand for maritime shipping.
The Port of Savannah is the pride of Georgia, particularly
in its role as the biggest, busiest, and most economically
productive port in the region. The Savannah Harbor expansion
project has completed many of its milestones since construction
commenced in 2015. However, the existing Federal channel still
cannot adequately support the influx of newer, larger vessels
that are calling on the port. Further, improvements to the
Savannah Harbor will undoubtedly spur economic activity in
Georgia and the broader Southeast region.
Finally, I am requesting that the Corps of Engineers study
the feasibility of utilizing a forecast-informed reservoir
operations system in the Apalachicola-Chattahoochee-Flint River
Basin. The FIRO system is an approved Corps policy and a
flexible and adaptive water management tool to help water
managers make decisions about holding back or releasing water
from reservoirs based on modern meteorological, river flow, and
other forecasting methods and metrics. With climate change
causing increased rainfalls and intermittent drought, forecast-
informed reservoir operations in the ACF River Basin will
provide the necessary flexibility to meet future climate
conditions.
I am grateful for the opportunity to testify on behalf of
my WRDA requests, and I look forward to working with the
committee to provide information and to answer any further
questions. Thank you, and I yield back the balance of my time,
20 seconds.
[Mr. Bishop's prepared statement follows:]
Prepared Statement of Hon. Sanford D. Bishop, Jr., a Representative in
Congress from the State of Georgia
Chairwoman Napolitano and Ranking Member Rouzer,
Thank you for giving me the opportunity to speak today to ask that
the Subcommittee give the fullest consideration to my Water Resources
Development Act requests. I also want to commend the leadership of
Chairman DeFazio and Ranking Member Graves for their important work on
this issue as well.
I submitted five requests to the committee, which will address
longstanding environmental and infrastructure concerns that have an
impact in Georgia's Second Congressional District and throughout the
State.
My first priority is to address the perennial problem of aquatic
invasive species, particularly hydrilla, that have plagued Lake
Seminole for the past twenty years. Many areas of the lake are
inaccessible because of hydrilla, an aggressive weed. It negatively
affects water quality, the economy, the biosphere, and local
businesses.
I am joined by both Congressman Lawson and Congressman Dunn of
Florida in asking that the Subcommittee identify hydrilla as an
additional aquatic invasive species of concern by amending Section 1108
of the Water Resources Development Act of 2018, which directs the Army
Corps of Engineers to research their prevention, management, and
eradication. Adding hydrilla to the list will emphasize the range of
aquatic invasive species that plague U.S. waterways, as well as focus
the Corps of Engineers' attention on Hydrilla, a particularly
pernicious plant.
My next two requests would greatly improve the water infrastructure
in Albany, Georgia. One request would address combined sewer overflow.
During hard rains, millions of gallons of sewage mix with hundreds of
millions of gallons of rainwater. This results in unhealthy discharge
into the Flint river.
While the city has made progress separating the overflow, they
would benefit from federal support to separate the sewage from the
rainwater. For this project, I am requesting authorization of $105
million in funding for this environmental infrastructure project.
The next project in Albany involves the city's floodplain. July
marked the 27th Remembrance of the Flood of 1994, a so-called ``500-
year flood,'' that submerged Albany, GA with floodwaters from the Flint
River--literally cutting the city in half and having water levels
covering the rooftops on the campus of Albany State University.
Unfortunately, 4 years later in 1998, there was a repeat with another
so-called ``500-year flood'' with equal devastation. While some
mitigation has been undertaken, portions of Albany along the Flint
River banks are still very much flood-prone. Local residents remember
the flood and describe the tragedy like it was yesterday. I ask that
the Subcommittee support my request for a study on the feasibility of
modifying the landscape to reduce the city's flood potential.
My fourth request focuses on Georgia's maritime shipping
infrastructure. As the dean of the Georgia Congressional Delegation, I
join my friend and colleague Buddy Carter in requesting a study to
determine the feasibility of widening the Savannah Harbor to
accommodate a greater throughput of large vessels to ensure the South's
busiest port can keep pace with the ever-growing demand for maritime
shipping.
The Port of Savannah is the pride of Georgia, particularly in its
role as the biggest, busiest, and most economically productive port in
the region. The Savannah Harbor Expansion Project has completed many of
its milestones since construction commenced in 2015; however, the
existing federal channel still cannot adequately support the influx of
newer, larger vessels that are calling on the port.
Further improvements to the Savannah Harbor will undoubtedly spur
economic activity in Georgia and the broader southeast region.
Finally, I am requesting that the Corps of Engineers study the
feasibility of utilizing a forecast informed reservoir operations
(FIRO) system in the Apalachicola Chattahoochee Flint (ACF) River
Basin. The FIRO system is an approved Corps policy and a flexible and
adaptive water management tool to help water managers make decisions
about holding back or releasing water from reservoirs based on modern
meteorological, river flow, and other forecasting methods and metrics.
With climate change causing increased rainfalls and intermittent
drought, forecast-informed reservoir operations in the ACF River Basin
will provide the necessary flexibility to safely meet future climate
conditions.
I am grateful for the opportunity to testify on behalf of my WRDA
requests. I look forward to working with the committee to provide
information and answer any further questions.
Mrs. Napolitano. Thank you for your prompt response, and
thank you for your testimony.
Are there any questions?
Hearing and seeing none, I thank you very much, Mr. Bishop.
Next we have Mr. Earl Blumenauer. I recognize our next
witness from Oregon.
You have 5 minutes, sir.
TESTIMONY OF HON. EARL BLUMENAUER, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF OREGON
Mr. Blumenauer. Thank you very much, Madam Chair and
Ranking Member Rouzer, for providing the opportunity to share
my priorities for the upcoming Water Resources Development
bill.
WRDA is an opportunity to reauthorize new projects and to
continue to modernize the Corps of Engineers, ensuring equity
and justice are centered in the Corps' mission.
As the committee is aware, based on our work together in
2018, one of my priorities is to ensure the Corps creates
adequate Tribal housing to address the displacement of Columbia
River Treaty Tribes by the construction of the Dalles Dam and
other dams along the lower Columbia River. The construction of
these dams, beginning in the 1930s, inundated and destroyed
villages where the Columbia River Tribes lived, fished, and
traded for thousands of years. These dams damaged their
heritage, livelihoods, and economic base, and they have never
been fully compensated for these losses.
In 2013, the Corps determined that many Tribal families who
lived on the banks of the Columbia River prior to construction
of the dams did not receive relocation assistance.
In 2016, the Corps completed a legal analysis of its unmet
obligations to build this housing for the four Treaty Tribes.
The Corps found that it had an existing authority to construct
one village associated with the construction of the Dalles Dam.
Following an authorization in the 2018 WRDA, the Corps produced
a list of replacement village options associated with the
Dalles Dam that were not mutually acceptable to the Columbia
River Treaty Tribes.
Last year, the Corps and the four Columbia River Treaty
Tribes had a Government-to-Government meeting, where they
determined that the authorization needs to be updated and
clarified. The Corps and the Tribes are asking for additional
authority to produce a comprehensive village development plan
that will help us meet the Federal Government's unmet
obligations to the Tribes.
I have fought for the construction of this replacement
housing with the Corps' existing authority. Now I am asking
that we provide them additional authority in order to fully
address the Federal Government's unmet, acknowledged obligation
to the Tribe.
Another priority of mine is the authorization of the Corps'
Portland Metro Levee System improvement project. This project
will reduce flood risk and increase the resiliency and
reliability of the levee system along the Columbia River in the
metropolitan area. It was originally designed and constructed
by the Corps of Engineers over 80 years ago. This federally
authorized infrastructure has allowed the area along the river
to become a cornerstone to the regional, statewide, and,
indeed, the national economy.
The levee system reduces flood risk for vital
infrastructure, like the Portland International Airport, three
interstate highways, an Air National Guard base, a major
natural gas pipeline, backup drinking water for nearly 1
million people, and transmission lines for all regional
electricity providers.
In addition to safeguarding thousands of residents, the
levees also help keep harmful pollutants out of the Columbia
River, and protect over 2,000 acres of parks and natural spaces
that are home to some endangered and protected species.
These improvements to the Portland Metro Levee System will
increase the resilience, reliability, and operability of the
system. It will protect our environment and our communities,
especially the most vulnerable.
In general, while I applaud the significant progress made
by the committee in the 2020 WRDA bill, we must continue to
ensure that the Corps has the tools and capacity needed to
advance community-supported solutions to water resources
challenges for the Nation's most vulnerable communities. I have
submitted requests to this end, asking that we in Congress
continue to work with the Corps to ensure the agency is taking
full advantage of existing programs, authorities, and
operations to leverage natural systems and prioritize
resilience in the face of increasingly frequent and severe
climate disasters.
These issues are critical for my constituents. They are
critical for our region and, indeed, for the Nation.
I deeply appreciate the opportunity to share my perceptions
and requests with the subcommittee. Thank you very much.
[Mr. Blumenauer's prepared statement follows:]
Prepared Statement of Hon. Earl Blumenauer, a Representative in
Congress from the State of Oregon
Chair Napolitano and Ranking Member Rouzer,
Thank you for providing the opportunity to testify on behalf of
priorities in the upcoming Water Resources Development bill. Continuing
the recent successes of passing WRDA bills, this bill will help many
states and localities, including Oregon, move critical projects
forward.
WRDA 2022 will not only provide the opportunity to authorize new,
eligible projects. It is also an opportunity to continue to modernize
the Army Corps of Engineers and ensure equity and justice are centered
in the Corps' mission.
Tribal Housing
As the Committee is aware, based on my initiatives in the 2018 WRDA
bill, one of my priorities is to ensure the Corps creates adequate
tribal housing to address the displacement of the Columbia River Treaty
Tribes by the construction of The Dalles Dam and other dams along the
lower Columbia River.
The construction of The Dalles, Bonneville, and other lower
Columbia River dams beginning in the 1930s inundated and destroyed
villages where Columbia River Tribes lived, fished, traded, and
socialized for thousands of years. The dams severely damaged their
heritage, livelihoods, and economic base. The Tribes and their citizens
have never been fully compensated for these losses.
In 2013, the Corps determined that many Tribal families who lived
on the banks of the Columbia River prior to construction of the
Bonneville and The Dalles dams did not receive relocation assistance.
In 2016, the Corps completed a legal analysis of its unmet obligation
to build housing on the Columbia River for the four Treaty Tribes,
finding that it had existing authority to construct one village
associated with the construction of The Dalles Dam.
On the basis of these studies, I have fought for funding for the
Corps to construct housing that they have the authority to replace
associated with this particular dam. Where the Corps has not found
existing authority to replace villages inundated due to the
construction of the other dams, I am working to provide them that
authority in order to fully address the federal government's unmet
obligations to the Tribes.
Following an authorization in the 2018 WRDA, the Corps produced a
list of replacement village options associated with The Dalles Dam that
were not mutually acceptable to Columbia River Treaty Tribes. Last
year, the Corps and the four Columbia River Treaty Tribes had a
government-to-government meeting where it was determined that the
authorization needs to be updated and clarified. The Corps and the
Tribes are asking for additional authority to produce a comprehensive
village development plan that will help us as the federal government
finally meet our unmet obligations to the Tribes.
MCDD Chief's Report
Another priority is the authorization of the Corps' Portland Metro
Levee System improvements project, which will reduce flood risk and
increase the resiliency and reliability of the levee system along the
Columbia River in the Portland metro area.
The Portland Metro Levee System was originally designed and
constructed by the U.S. Army Corps of Engineers over 80 years ago. The
federally authorized infrastructure has allowed the area along the
river to become a cornerstone to the regional, statewide, and national
economy. The livelihood of people throughout Oregon and the Pacific
Northwest is reliant on the levee system as it reduces flood risk for
vital infrastructure like the Portland International Airport, three
interstate highways, a U.S. Air National Guard base, a major natural
gas pipeline, back-up drinking water for nearly one million people, and
transmission lines for all regional electricity providers. In addition
to safeguarding over 7,500 residents and 59,000 jobs, the levees and
associated drainage infrastructure also help keep major pollutants out
of the Columbia River and protect over 2,000 acres of parks and natural
spaces that are home to multiple endangered and protected species.
The Portland Metro Levee System project includes a series of
improvements spanning the length of the system. These improvements will
increase the resilience, reliability, and operability of the system by
improving levee performance and reliability while reducing risk of
flooding. These improvements will also address environmental justice
concerns and economic risks in the area.
Resilience and Equity
In general, while I applaud the significant progress made by
Committee in the 2020 WRDA bill, more can be done to ensure that the
Corps has the tools and capacity needed to advance community-supported
solutions to water resources challenges for the nation's most
vulnerable communities. This includes increasing capacity and expertise
within the Corps, ensuring meaningful opportunities for public input,
increasing opportunities for assistance, maximizing toxics remediation
and ecological restoration, and advancing environmental justice.
We must also work with the Corps to ensure the agency is taking
full advantage of existing programs, authorities, and operations to
leverage natural systems and prioritize resilience in the face of
increasingly frequent and severe climate disasters.
These are critical issues for my constituents. Thank you for the
opportunity to speak about the infrastructure needs and opportunities
for Oregon's Third Congressional District.
Mrs. Napolitano. Thank you, Mr. Blumenauer, for your
testimony. And we now would like to recognize our next witness,
the gentlewoman from Virginia, Mrs. Luria, for 5 minutes.
TESTIMONY OF HON. ELAINE G. LURIA, A REPRESENTATIVE IN CONGRESS
FROM THE COMMONWEALTH OF VIRGINIA
Mrs. Luria. Well, thank you, Chairwoman Napolitano, Ranking
Member Rouzer, and my colleagues on the subcommittee for this
opportunity. I would like to bring some attention to a few
critical issues that impact water infrastructure in my
district.
Virginia's Second Congressional District is defined by its
wetlands, Chesapeake Bay tributaries, and the Norfolk Harbor.
My district and the surrounding region require significant
water infrastructure and resiliency investments. To understand
my district, one must understand that the Port of Virginia is
the gateway to transporting goods to so many communities.
Federal facilities and installations make up a significant
portion of my district, and the Eastern Shore is also facing
severe resiliency threats, particularly from erosion. These
three defining factors have impacted my requests for the Water
Resources Development Act of fiscal year 2022.
My top request for WRDA 2022 is that the Congress include
language to clarify that Federal facilities are, in fact,
included in the coastal resiliency feasibility study for
coastal Virginia.
The Hampton Roads region is home to 18 military
installations, including Naval Station Norfolk, the world's
largest naval base, and Langley Air Force Base, the world's
oldest and continuously operating Air Force base. Currently,
there are limitations under existing authorities that restrict
the ability to incorporate these installations and facilities
into the Civil Works planning and construction process.
Excluding a large portion of the region from these studies
would result in an illogical data gap for the Army Corps.
Reducing or removing those challenges and limitations
potentially generates Federal cost savings and increases
regional climate resilience through military and Civil Works
partnerships on coastal storm risk management.
Lacking the ability to incorporate military installations
and other Federal facilities into the Civil Works project
implementation process will force the Corps to perform work
solely on a cost reimbursable basis, in accordance with one of
the several available reimbursement authorities. It requires
each Federal facility to individually carry out their own
study, which is an enormous financial and logistical burden.
For a coastal storm risk management study of significant size,
like coastal Virginia, the coordination process under these
authorities would be logistically impracticable.
Secondly, I would like to talk about Norfolk Harbor,
Anchorage Foxtrot. The Port of Virginia is one of the Nation's
and Commonwealth's most significant economic engines. On an
annual basis, the port is responsible for more than 400,000
jobs and $92 billion in spending across the Commonwealth, and
generates more than 7\1/2\ percent of Virginia's gross State
product.
I am grateful that the Norfolk Harbor is receiving robust
funding from the Infrastructure Investment and Jobs Act and
from standard appropriations. However, further action is
needed.
Anchorage Foxtrot at the Norfolk Harbor is used primarily
as an emergency swing anchorage to prepare for inclement wave
conditions in the harbor or Chesapeake Bay. For vessels to
effectively use the anchorage, it is imperative that the
anchorage to approach depths to match that of the current
Federal channel. Norfolk Harbor's Anchorage Foxtrot is
currently designed as a 3,000-foot diameter circle for free-
swinging bow anchorage.
The proposed modification includes the widening of
Anchorage Foxtrot beyond its current authorized diameter of
3,620 feet to 3,840 feet, and deepening the anchorage to 55
feet, to be consistent with the 1986 authorization and the
project depth of the Federal channel. This modification will
provide a deeper and wider anchorage, and will permit use by
larger vessels calling at the port.
Lastly, I would like to talk about the Eastern Shore of
Virginia, and the Cedar Island feasibility study. The Eastern
Shore of Virginia has been fervently fighting erosion and sea
level rise, as well as land subsidence, specifically, a barrier
island called Cedar Island. Cedar Island is a major Virginia
seaside barrier island, and barrier islands enhance back
barrier marsh resilience to sea level rise. Both the barrier
island and the marsh provide storm and flood protection of the
mainland infrastructure from the Atlantic Ocean.
Cedar Island has been ongoing significant coastal erosion
for decades, with substantial damage from Superstorm Sandy. The
continuing erosion of Cedar Island will eventually open the
seaside, marsh, and mainland to full ocean impact. We must take
a closer look at Cedar Island and how to preserve the marsh.
That is why I requested a specific Army Corps feasibility study
for this area.
Again, I would like to thank Chair Napolitano and Ranking
Member Rouzer and my colleagues on this committee for giving me
the chance to speak today about these important priorities
throughout coastal Virginia. By making much-needed investments
in our water infrastructure, we can set coastal Virginia
communities up for economic success and ensure their resiliency
in the future. Thank you.
[Mrs. Luria's prepared statement follows:]
Prepared Statement of Hon. Elaine G. Luria, a Representative in
Congress from the Commonwealth of Virginia
Thank you, Subcommittee Chair Napolitano, Ranking Member Rouzer,
and my colleagues on the subcommittee for this opportunity. I would
like to bring some attention to a few critical issues that impact water
infrastructure in my district.
Virginia's second district is defined by its wetlands, Chesapeake
Bay tributaries, and the Norfolk Harbor. My district and the
surrounding region require significant water infrastructure and
resiliency investments. To understand my district, one must understand
that the Port of Virginia is the gateway to transporting goods to so
many communities.
Federal facilities and installations make up a significant portion
of my district, and the Eastern Shore is also facing serious resiliency
threats, particularly from erosion. These three defining factors have
impacted my requests for the Water Resources Development Act of Fiscal
Year 2022.
Federal Facilities Inclusion
My top request for WRDA 2022 is that the Congress include language
to clarify that federal facilities are in fact included in the Coastal
Resiliency Feasibility Study for Coastal Virginia. Hampton Roads region
is home to 18 military installations, including Norfolk Naval Station,
the largest navy base in the world, and Langley Air Force base, the
longest continuously active air force base in the world. Currently,
there are limitations under existing authorities that restrict the
ability to incorporate these installations and facilities into the
Civil Works planning and construction processes.
Excluding a large portion of the region from these studies would
result in an illogical data gap for the Army Corps. Reducing or
removing those challenges and limitations, potentially generates
federal cost savings and increased regional climate resilience through
military and civil works partnerships on Coastal Storm Risk Management
(CSRM) projects.
Lacking the ability to incorporate military installations and other
Federal facilities into the civil works project implementation process,
will force the Corps to perform work solely on a cost-reimbursable
basis in accordance with one of several available reimbursement
authorities.
It requires each federal facility to individually carry out the
study, which is an enormous financial and logistical burden. For a
Coastal Storm Risk Management study of significant size like Coastal
Virginia, the coordination process under these authorities would be
logistically impracticable.
Norfolk Harbor Anchorage F
The Port of Virginia is one of the Nation's and Commonwealth's most
significant economic engines. On an annual basis, the port is
responsible for more than 400,000 jobs and $92 billion in spending
across the Commonwealth and generates more than seven and a half
percent of Virginia's Gross State Product.
I am grateful that Norfolk Harbor is receiving robust funding from
the Infrastructure Investment and Jobs Act and standard appropriations;
however further action is needed. Anchorage F at the Norfolk Harbor is
used primarily as an emergency swing anchorage to prepare for inclement
wave conditions in the harbor Chesapeake Bay or in situations of
unexpected extended vessel wait times prior to calling port.
For vessels to effectively utilize the anchorage, it is imperative
for the anchorage to approach depths to match that of the Federal
Channel. Norfolk Harbor's Anchorage F is currently designed as a 3,000-
foot diameter circle for free-swinging bow anchoring.
The proposed modification includes widening the Anchorage F beyond
its currently authorized diameter of 3,620-feet to a diameter of 3,840-
feet and deepening the anchorage to 55-feet consistent with the 1986
authorization and the project depth of the Federal Channel.
This modification would provide a deeper and wider anchorage and
will permit use by larger vessels calling to the port. I respectfully
ask that the Committee authorize the modification in WRDA22.
Eastern Shore of Virginia Cedar Island Feasibility Study
Additionally, the Eastern Shore of Virginia has been fervently
fighting erosion, sea-level rise, and land subsidence. Specifically, a
barrier island called Cedar Island. Cedar Island is a major Virginia
seaside barrier island. Barrier islands enhance back-barrier marsh
resilience to sea-level rise.
Both the barrier island and the back island marsh provide storm
surge and flood protection of the mainland infrastructure from the
Atlantic Ocean. Cedar Island has been undergoing significant coastal
erosion for decades with substantial damage from Superstorm Sandy.
The continuing erosion of Cedar Island will eventually open the
seaside marsh and mainland to full ocean impact.We must take a closer
look at Cedar Island and how to preserve the marsh. That is why I
requested a specific Army Corps feasibility study for this area.
Closing
Again, I would like to thank Chair Napolitano, Ranking Member
Rouzer, and my colleagues on the Committee for giving me the chance to
speak about these priorities throughout Coastal Virginia.
By making much-needed investments in our water infrastructure, we
can set our Coastal communities up for economic success and ensure
their resiliency for future generations.
Mrs. Napolitano. Thank you very much for your testimony,
Mrs. Luria.
I would like to tell it is going to be Mr. Sessions, Ms.
Stansbury, Mr. Trone, and Mr. Correa.
Mr. Sessions, you are recognized for 5 minutes.
TESTIMONY OF HON. PETE SESSIONS, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF TEXAS
Mr. Sessions. Madam Chairwoman, thank you very much. What
an honor it is to be before both you and the ranking member
from North Carolina, Mr. Rouzer. Madam Chairman, I am seeking
your assistance to authorize this project, which I will speak
of, whose appropriations level--we are seeking the
authorization for that--would be for $30 million to complete
the Lake Waco embankment stabilization project.
Madam Chairman, Texas primarily lives off surface water. We
have lakes all over the State of Texas, which are designed to
help cities not only have enough water for their needs, but
also a chain system whereby water moves down rivers to other
places. This is all taken care of through the wise management
of the Corps of Engineers.
The Corps of Engineers is very important to the State of
Texas, as they are to other States, that they provide not only
professional and engineering support, but really wise
management.
Something beyond their control occurred in 2015, where
Texas--and all of Texas--received the highest rainfall amount
that they have ever received. Waco, Texas, in particular,
received 9.27 inches of rainfall in May alone. This was over
several days, not over the month, but that was the monthly
total. Between April and June, a total of 20 inches fell over
that period of time. And the all-time record was just 4 months
later, in October, 15.19 inches.
Madam Chairman, this placed the Corps of Engineers in a
very difficult circumstance, whereby they were trying to manage
the water flow up and down these rivers that were swollen, that
caused communities great harm by flooding and other things. And
I think the Corps of Engineers was in trouble, and they tried
to deal with this.
But what happened is that Lake Waco is a reservoir that set
aside--not one of those primary places that would release
water--and they could not release water, even though it was all
over the State of Texas, because of downstream flooding.
Because of this, this caused extensive damage to a roadway
known as Lake Shore Drive that comes near the lake. The
excessive level of water caused erosion through wave action
over the several weeks. This wave action put in jeopardy and
has now, over time, through erosion, this roadway that Waco is
responsible for.
In the bill, S. 1811 that was passed in the 116th Congress
through the Water Resources Development Act, section 147. As
part of this work, we went and made sure that there was
legislation which would allow the Corps of Engineers, through
the Secretary, to be able to make a determination that, even
though they were not maybe directly in charge of this, that
they had a part of that damage. They actually controlled the
water. The city of Waco did not control the water that would be
taken out of the reservoir. And as a result of excessive time
that it was there, it has caused this damage. It is very
important to Waco, Texas, that they take care of those parts
that they believe they are responsible for.
This is damage that was caused solely as a result of that
rising water of the lake, and I believe that that fits well
within the Corps of Engineers. I respectfully submit myself to
you today, and to the gentleman, Mr. Rouzer, to ask for you to
please include this in the authorization that would be
necessary that would give relief to this. And the reason why is
that, if it continues to go on, if there is continued erosion,
that it could cause what is estimated to be about $100 million
worth of damage. Extensive evaluation by an engineering company
has been done. I believe the Corps of Engineers is aware of
this, and I would ask that this project please be included
within your authorization mark that you make.
Madam Chairman, Mr. Rouzer, I want to thank you for your
time. As always, if you have any questions, please seek me. I
will be very pleased to discuss it with you. And thank you very
much.
[Mr. Sessions' prepared statement follows:]
Prepared Statement of Hon. Pete Sessions, a Representative in Congress
from the State of Texas
The Lake Waco Embankment Stabilization Project has been the top
priority for the City of Waco and McLennan County for 5 years. Previous
language in WRDA 2020 has proved insufficient to address the concern.
Lake Waco sits as one of the USACE lakes near the top of the Brazos
River in Waco, Texas. Since 2015, excessive rainfall has caused the
Army Corps of Engineers to maintain higher water levels in Lake Waco
for longer periods of time, to prevent flooding in downriver
reservoirs. This excess water and retention time has led to significant
erosion along a main road, Lake Shore Drive, which now risks collapse.
Lake Waco Lake Shore Drive is a key artery to the City of Waco and
its surrounding areas. Failure of the land beneath the roadway along
Lake Shore Drive would cost nearly $100 million in repair and
remediation costs, as well as economic harm due to the loss of a key
route for commerce in and around Central Texas.
The Lake Waco embankment instability presents a risk of deep
landslides and shallow slope failures, including larger catastrophic
failures that would represent a disastrous event for the USACE, Waco
Lake, Lake Shore Drive and the City of Waco. Aside from the obvious
impacts as well as life and safety considerations, a catastrophic
landslide would negatively impact the mission of the USACE Civil Works.
As shown in the figures below, specific potential impacts to the
Civil Works mission include:
Flood Risk Management: A catastrophic landslide would
result in the mobilization of many hundreds of thousands of cubic yards
of landslide debris. This would damage slopes within the fee boundary
and would also push a large portion of the debris into the flood
storage boundary area. The debris would reduce available flood storage
and could result in a floodwater rise.
Recreation: A large landslide would disrupt operations
and possibly harm park grounds at Koehne Park on the shores of Waco
Lake.
Infrastructure: In addition to potential damage at Koehne
Park, a catastrophic landslide would destroy Lake Shore Drive and
associated underground utilities, severing both local access and
services for the community.
Environmental Stewardship: A landslide failure would
deposit a wide variety of debris into Waco Lake and could be
devastating to the local environment. Significant water quality issues
and environmental impacts would likely require mitigation.
A proactive approach of repairs to this looming threat will avoid
the need for an emergency response from a catastrophic failure and
serves the greater mission of USACE Civil Works. Compared to the cost
of repairing and mitigating a catastrophic landslide, the capital costs
of a proactive project will undoubtedly result in greater savings and
construction efficiencies.
Thank you.
Mrs. Napolitano. Thank you, Mr. Sessions. You submitted a
letter. We will include it in the record, as requested.
[The information follows:]
Letter of March 16, 2022, from Hon. Pete Sessions to Hon. Grace F.
Napolitano, Chair, and Hon. David Rouzer, Ranking Member, Subcommittee
on Water Resources and Environment, Submitted for the Record by Hon.
Pete Sessions
March 16, 2022.
Chairwoman Grace Napolitano,
Subcommittee on Water Resources and Environment,
1610 Longworth HOB, Washington, DC 20515.
Ranking Member David Rouzer,
Subcommittee on Water Resources and Environment,
2333 Rayburn House Office Building, Washington, DC 20515.
Dear Grace and David,
Since 2015 the city of Waco, Texas has been dealing with an issue
that has not moved to final resolution in dealing with the United
States Army Corps of Engineers (``USACE''). The essence of the issue is
damage from the excessive wave action from a swollen lake for weeks
which caused the excess erosion that now threatens an adjacent roadway
with collapse.
In May of 2015, Texas had its heaviest rainfall month on record. In
Waco, Texas, 9.27" of rainfall happened in May alone. Between April and
June 2015, a total of 20" of rain fell in Waco, Texas including areas
that fell into Lake Waco.
This excess rainfall was followed by an all-time Waco record of
15.19" of rain in October of the same year. These record rainfalls and
Lake Waco's location near the top of the Brazos River forced the USACE
to retain these record water levels in Lake Waco for longer than usual
to prevent overflow further downstream. This caused the excess erosion
that threatens the nearby roadway, Lake Shore Drive, with collapse.
I am seeking your assistance to authorize this project whose
appropriations level would be $30 million to complete the Lake Waco
Embankment stabilization project. This will reinforce the roadway and
prevent a potentially catastrophic failure of the embankment. Such a
disaster would cost an estimated $100 million to repair costs, on top
of economic costs due to Lake Shore Dr's position as a key artery for
commerce in Waco, Texas.
Please do not hesitate to reach me if I can answer any questions.
Thank you for your consideration in this important priority for Waco,
Texas.
Sincerely,
Pete Sessions,
Member of Congress (TX-17).
Mr. Sessions. Yes, ma'am. Thank you very much.
Mrs. Napolitano. Thank you for your testimony, sir. I look
forward to looking at your project.
Mr. Sessions. Yes, ma'am. Thank you.
Mrs. Napolitano. Next I would like to recognize the
gentlewoman from New Mexico, Ms. Stansbury, online.
TESTIMONY OF HON. MELANIE A. STANSBURY, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF NEW MEXICO
Ms. Stansbury. Thank you, Madam Chairwoman, and thank you
to Ranking Member Rouzer, and thank you to everyone who serves
on this important committee, for the work that you do to
support our water resources management across the country.
As we consider the 2022 Water Resources Development Act,
many of you know, our West and our communities across the
Southwest are gripped by the worst drought that we have seen in
1,200 years. And as we all know, this is very much the
signature of climate change.
New Mexicans are deeply concerned about ensuring that our
water infrastructure is up to the challenge of responding to
this drought and the increasing hydrologic change that we are
seeing across our communities. To this end, we are humbly
requesting the inclusion of several community-driven and
science-based proposals in the 2022 WRDA, which would greatly
improve water infrastructure and management across our State
and across our district.
First, we humbly request that the committee consider
authorizing an additional $50 million for the section 593
program, and include water reuse projects as an environmental
infrastructure project eligible for assistance under section
593. Increasing the section 593 authorization would help to
fund drinking water, wastewater, water security, and stormwater
projects throughout New Mexico's First Congressional District
and across our State.
We also humbly request that the committee include language
directing the Army Corps and other Federal water management
authorities to work together with the National Academy of
Sciences and other agencies to study system operations and
management in the Rio Grande Basin, and recommend management
models, systems, and operational changes. This study will help
water managers throughout the Rio Grande Basin improve
management flexibility and water security, which is crucial to
our long-term water security in our State, especially as we are
facing climate change.
I am also currently drafting legislation that would provide
authorities to increase operational flexibility on the Rio
Grande.
Our office is also working to draft legislation to unleash
the power of big data and water data to improve real-time water
management across the country. By improving Federal water data
availability, interoperability, and tools, along with
partnerships with State, Tribal, local, and other entities, we
have the capacity to fundamentally transform how we manage our
water. I request that this committee consider prioritizing
requests and projects that improve water data and tools, and
potentially include authorizing language to support this
effort.
Also included in our request is a request for the town of
Estancia, New Mexico, which is a rural, underserved community
facing imminent threats of water shortages. We respectfully ask
that the committee authorize $100,000 for the Corps to update a
hydrologic analysis for the town of Estancia, so that we can
address the much-needed infrastructure needs of this community.
Additionally, the Middle Rio Grande flood protection
project, which was originally authorized with a 25-percent non-
Federal cost share, we request that the cost share be reduced
so that the project can move forward without further delays for
our community.
The Omnibus Public Land Management Act of 2009 authorized
$4 million to the Bureau of Reclamation to study irrigation
infrastructure for 18 federally recognized Pueblos in New
Mexico who rely on water from the Rio Grande for cultural,
agricultural, municipal, and ceremonial purposes. The study
identified $280 million in irrigation improvements needed on
Pueblo lands. While this may not fall within the jurisdiction
of the Army Corps, I urge that the committee consider
authorizing an additional $200 million to the Bureau of
Reclamation, should projects be included for other agencies or
the Pueblo irrigation infrastructure improvement project.
We also ask that the committee consider including funding
for our acequia resilience and Tribal acequia program.
Finally, I request that the committee authorize an
additional $5 million for the Tribal Partnership Program. This
program is the only Corps authority that specifically directs
partnerships with Tribes and supports the administration's
commitment to addressing the water needs of our Tribal and
rural communities, particularly in underserved communities.
I thank the Madam Chairwoman and Ranking Member for the
time and opportunity today, and look forward to working with
you to see these proposals come to fruition.
Thank you, Madam Chairwoman.
[Ms. Stansbury's prepared statement follows:]
Prepared Statement of Hon. Melanie A. Stansbury, a Representative in
Congress from the State of New Mexico
Thank you for the important work this Committee and your staff do
to improve and support water management and infrastructure across the
United States. As we consider the 2022 Water Resources Development Act,
much of the West is facing its worst drought in over 1,200 years. New
Mexicans are deeply concerned about ensuring that our water
infrastructure is up to the challenge of responding to this drought and
increasing hydrologic change.
To this end, we are humbly requesting the inclusions of several
community-driven and science-based proposals for inclusion in the 2022
Water Resources Development Act, which would greatly improve water
infrastructure and management in New Mexico's First Congressional
District.
Increase Funding Under the Section 593 Authorization and Include Water
Reuse Projects
Section 593 funds were authorized in the Water Resources
Development Act of 1999 to support environmental infrastructure
projects in central New Mexico. These funds have been used to build
important sections of the South Valley Water Utility Project, but
funding has reached its authorization limit since it was last increased
in 2005.
We request that the Committee consider authorizing an additional
$50 million for the Section 593 Program and include water reuse
projects as an environmental infrastructure project eligible for
assistance under Section 593(c).
Increasing the Section 593 authorization would help to fund
drinking water, wastewater, water security, and stormwater projects
throughout New Mexico's First District and across the state. This
additional funding is estimated to cover all anticipated Section 593
project funding needs for the next decade.
The request is strongly supported throughout our district by
numerous stakeholders, including the Southern Sandoval County Arroyo
Flood Control Authority, the Albuquerque Bernalillo County Water
Utility Authority, the Albuquerque Metropolitan Arroyo Flood Control
Authority, Bernalillo County, and Valencia County.
National Academy of Sciences Reservoir Operations Study in the Rio
Grande Basin
The Upper Rio Grande River includes a complex system of dams,
reservoirs, irrigation systems, flood control structures and other
projects with individual authorizations for specific projects and
purposes. The individual, sometimes conflicting, authorizations mean
that the Rio Grande cannot be managed to optimize complimentary and
competing demands on the system as a whole at the watershed level.
Modernizing water management on the Rio Grande will require updating
and optimizing the models and systems utilized to manage the watershed.
We request that the Committee include language in WRDA directing
the Army Corps and other federal water management authorities operating
projects in the Rio Grande to work together with the National Academy
of Sciences to study system operations and management in the Rio Grande
Basin and recommend management models, systems, and operational changes
that can optimize water availability, storage, streamflow, and hazard
mitigation, taking into account the impacts of a changing climate. This
study will help water managers throughout the Rio Grande Basin improve
management flexibility and water security. The National Academy of
Sciences has already worked with key stakeholders, including the Corps
and the Bureau of Reclamation on developing a memorandum of agreement
for the study. The Bureau of Reclamation is expected to receive
direction to participate in the study in the FY 2022 Appropriations
bill, and the requested language in WRDA would help to further advance
this critical study.
Modern, flexible management of the Rio Grande River is critical to
New Mexico's long-term water security in the face of climate change and
crucial to sustaining our communities' cultures, traditions, and ways
of life. I am currently drafting legislation that would provide
authorities to increase operational flexibility on the Rio Grande.
Having the best available science to guide our management models and
systems is critical to ensuring that flexible management authorities
can improve water security across the basin.
I am also drafting legislation to unleash the power of water data
to improve real-time water management across the country, by improving
federal water data availability, interoperability, and tools and
partnerships with state, tribal, local and other entities. I request
that this Committee consider prioritizing requests and projects that
improve water data and tools and potentially include authorizing
language to support this effort.
Updated Hydrologic Analysis Study for the Town of Estancia
The town of Estancia, New Mexico, is a rural, underserved community
facing imminent threats of water shortages. Groundwater pumping has
caused the Estancia Valley Fill aquifer to drop by as much as five feet
annually in some locations. Agricultural production is at risk from
drying wells and saline water migration. The town is in critical need
of a water detention pond and a new water diversion structure. A
hydrologic analysis was completed in 2001 by the Corps, but the town
has been unable to request funding for these projects without an
updated Hydrologic Analysis.
I urge the Committee to authorize $100,000 for the Corps to update
a hydrologic analysis for the town of Estancia. Updating this
hydrologic analysis will help the town of Estancia build much-needed
infrastructure to divert and preserve water, protect agricultural
production, and reduce flood hazards.
Middle Rio Grande Flood Protection Cost Share
The Middle Rio Grande Flood Protection Bernalillo to Belen, New
Mexico project was originally authorized in the Water Resources
Development Act of 1986. The recommended plan, as outlined in the 2020
Chief's Report, would restore approximately 266 acres of riparian
forest habitat and improve hydrologic connectivity between the Rio
Grande and its floodplain by constructing high-flow channels, bank
destabilization, berm removal, willow swales, and wetlands. It would
also restore native habitat diversity through re-creation of historic
habitat types that were lost to water management activities, creating
new successional stages of existing habitat, exotic species reduction,
and re-vegetation of native plant species. With a high cost to benefit
ratio of 9.46, the recommended plan is a smart investment for taxpayers
and important to the restoration of the watershed.
At the time of original authorization, flood control projects had a
25% non-federal cost share, under which the 3.2 mile Corrales Unit was
completed. The Water Resources Development Act of 1996 increased the
non-federal cost share to 35% but did not directly adjust the cost
share of projects with prior authorization. The 2018 General
Reevaluation Report and 2020 Chief's Report cited the Project's
original authorization but used the increased non-federal cost share of
35% without any specific Congressional direction to increase the cost
share for projects with prior authorization.
I request that the Committee direct the Corps to honor the original
cost share authorization of 25% for the Middle Rio Grande Flood
Protection Bernalillo to Belen, New Mexico project.
The Middle Rio Grande Conservancy District is the non-federal cost
share partner for this project. This project is located in two New
Mexico counties where the per capita income is significantly below the
national average: Bernalillo ($29,195; 2019); and Valencia ($21,740;
2019). The increased cost share moved this project further out of reach
for a community that had been working to meet its cost share for a
generation.
Pueblo Irrigation Infrastructure Improvement Project
The Omnibus Public Land Management Act of 2009 authorized $4
million to the Bureau of Reclamation to study irrigation infrastructure
for 18 federally-recognized Pueblos in New Mexico who rely on water
from the Rio Grande Basin for cultural, agricultural, municipal, and
ceremonial purposes. This study identified nearly $280 million in
irrigation improvements needed on Pueblo lands. Should programs
authorized by agencies other than the Army Corps be considered for
inclusion in this WRDA bill, I urge the Committee to authorize an
additional $200 million for Reclamation's Pueblo Irrigation
Infrastructure Improvement Project to address the infrastructure needs
of these projects, which are so vital to the economic, cultural, and
environmental resilience of our Pueblo Tribal communities in the Rio
Grande Basin.
Acequia Resiliency and Tribal Acequia Program
The Water Resources Development Act of 1986 authorized the Acequia
Resiliency and Tribal Acequia Program in section 1113 for the
restoration and preservation of acequia systems. Acequias are ancient
water management systems that include irrigation works that are the
backbone of agricultural and community life in New Mexico. Acequias
have been communally managed and maintained by generations of
communities. Increasingly, however, climate change is threatening New
Mexico's proud tradition of acequias through inconsistent and variable
water flows.
I request that the Committee authorize an additional $27 million
for the Acequia Resiliency and Tribal Acequia Program. This increase
will allow for needed infrastructure improvements of river diversion
structures, increased local capacity to manage and prevent invasions of
plant species, and support research and development of management
solutions for invasive aquatic plants.
Increase Tribal Partnership Program Authorization
The Water Resources Development Act of 2000 authorized the Tribal
Partnership Program in Section 203 for increased cooperation between
the Corps and Tribal nations to study and carry out projects that will
substantially benefit Tribes. This program has supported numerous
critically important flood control projects on Tribal lands in New
Mexico and demand for the program by Tribes and Pueblos has grown with
increasing awareness.
I request that the Committee authorize an additional $5 million for
the Tribal Partnership Program. This program is the only Corps
authority that specifically directs partnerships with Tribes, including
much-needed projects that may not otherwise receive vital funding. The
program supports the Administration's commitment to Tribes and
promoting environmental justice and equity, particularly in rural and
underserved communities.
Thank you for considering these proposals. I look forward to
working with you to ensure these items are included.
Mrs. Napolitano. Thank you, Ms. Stansbury. Are there any
questions?
Hearing none and seeing none, I thank you again. And we
will have testimony--Mr. Trone, Mr. Correa, and Ms. Plaskett.
Mr. Trone, you are on for 5 minutes.
TESTIMONY OF HON. DAVID J. TRONE, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF MARYLAND
Mr. Trone. Thank you, Chairwoman Napolitano and Ranking
Member Rouzer, for the opportunity to submit testimony to the
Committee on Transportation and Infrastructure's Subcommittee
on Water Resources and Environment.
As you draft the Water Resources Development Act of 2022, I
would like to highlight two priorities that are essential in my
district, Maryland's Sixth Congressional District, and the
wider community.
As our Nation works to repair our infrastructure, it is
critical we discuss the impact these systems have on the health
of our communities and the health of our environment. Within my
district, the town of Boonsboro and the city of Brunswick need
support to address infrastructure needs. Local officials have
worked hard to find solutions to the growing issues in order to
support Marylanders and protect our environment.
My first request to the committee is for the environmental
infrastructure needs of the town of Boonsboro, including
replacing the Boonsboro Reservoir. The Boonsboro Reservoir is
an aging 1.3 million-gallon drinking water reservoir built way
back in 1954. The reservoir serves both Boonsboro and
Keedysville, which Boonsboro shares a drinking water system
with.
Unfortunately, the reservoir is suffering from leaks, which
impair its function and cost the town an estimated 15,000 to
25,000 gallons of treated water per day. Due to the reservoir's
age and condition, it is unable to be repaired. If the
sidewalls and levees were to fail, the resulting flooding and
disruption of water service would be devastating from both a
public health and environmental perspective.
I am requesting $5 million in environmental infrastructure
funding to address the needs of the town and replace the broken
reservoir, preventing future damage.
My second request to the committee would support the
environmental infrastructure needs of the city of Brunswick,
including upgrading the Brunswick Wastewater Treatment plant.
The Brunswick Wastewater Treatment Plant was constructed in
the 1980s and designed to treat 0.6 million gallons a day of
municipal wastewater. In 2007, the plant upgraded the treatment
capacity to 1.4 million gallons a day. Today, the plant has
equipment that is near failure, and the town is gravely at risk
of violating the sewage sludge utilization permit due to
inadequate sludge dewatering. As it stands, the plant also
lacks treatment capacity for any future expansion. This is an
environmental hazard that could affect the Potomac River, along
which the plant sits.
I am requesting $15 million in environmental infrastructure
funding to address the needs of the city, including resolving
the immediate needs of the plant and increasing treatment
capacity.
Chairwoman Napolitano, Ranking Member Rouzer, and members
of the subcommittee, thank you. Thank you for the opportunity
to submit this testimony. I look forward to working with you to
ensure the Water Resources Development Act of 2022 reflects our
needs as a Nation. Thanks again very much.
[Mr. Trone's prepared statement follows:]
Prepared Statement of Hon. David J. Trone, a Representative in Congress
from the State of Maryland
Thank you Chairwoman Napolitano and Ranking Member Rouzer for the
opportunity to submit testimony to the Committee on Transportation and
Infrastructure's Subcommittee on Water Resources and Environment. As
you draft the Water Resources Development Act of 2022, I would like to
highlight two priorities that are essential to my district--Maryland's
sixth--and the wider community.
As our nation works to repair our infrastructure, it is critical
that we discuss the impact these systems have on the health of our
communities and the health of our environment. Within my district, the
Town of Boonsboro and the City of Brunswick need support to address
infrastructure needs. Local officials have worked hard to find
solutions to growing issues in order to support Marylanders and protect
our environment.
My first request to the committee is for the environmental
infrastructure needs of the Town of Boonsboro, including replacing the
Boonsboro Reservoir. The Boonsboro Reservoir is an aging 1.3 million
gallon drinking water reservoir built in 1954. The reservoir serves
both Boonsboro and Keedysville, which Boonsboro shares a drinking water
system with. Unfortunately, the reservoir is suffering from leaks which
impair its function and cost the town an estimated 15,000 to 25,000
gallons of treated water per day. Due to the reservoir's age and
condition, the reservoir is unable to be repaired. If the sidewalls and
levees were to fail, the resulting flooding and disruption in water
service would be devastating from both a public health and
environmental perspective. I am requesting $5 million in environmental
infrastructure funding to address the needs of the town, including
replacing the broken reservoir and preventing future damage.
My second request to the committee would support the environmental
infrastructure needs of the City of Brunswick, including upgrading the
Brunswick Wastewater Treatment Plant. The Brunswick Wastewater
Treatment Plant was constructed in the 1980s and designed to treat 0.6
million gallons a day of municipal wastewater. In 2007, the plant
upgraded the treatment capacity to 1.4 million gallons a day. Today,
the plant has equipment that is near failure, and the town is at risk
of violating the Sewage Sludge Utilization Permit due to inadequate
sludge dewatering. As it stands, the plant also lacks the treatment
capacity for future expansion. I am requesting $15 million in
environmental infrastructure funding to address the needs of the city,
including resolving the immediate needs of the plant and increasing the
treatment capacity.
Chairwoman Napolitano, Ranking Member Rouzer, and members of the
Subcommittee--thank you again for the opportunity to submit this
testimony. I look forward to working with you to ensure that the Water
Resources Development Act of 2022 reflects our priorities and needs as
a nation.
Mrs. Napolitano. Thank you, Mr. Trone. It is very nice of
you to cut short. It makes our job easier here. Thank you. Have
a good day.
I would like to recognize our next witness, the gentleman
from California, Mr. Correa, who has done a good job in
representing me.
TESTIMONY OF HON. J. LUIS CORREA, A REPRESENTATIVE IN CONGRESS
FROM THE STATE OF CALIFORNIA
Mr. Correa. Thank you, Madam Chair Napolitano and Ranking
Member Rouzer for your indulgence, for hosting Members' Day for
Members to share their requests for the Water Resources
Development Act of 2022.
Before I start with my statement, I want to go through and
give you a little bit of history of Orange County, California.
Orange County has traditionally been an agricultural county.
Back in the 1930s, we had major flooding in this area subject
to this request. A lot of damage when it was an agricultural
county. Orange County's population has gone from about 100,000
to about 3.4 million people today, home to Disneyland, Anaheim
Angels, Anaheim Ducks, a very densely populated area, Orange
County, California.
The Santa Ana River mainstem project, the subject of this
request, is an almost $3 billion cooperative flood control
project between the U.S. Army Corps of Engineers and the
counties of Orange and Riverside in San Bernardino. The project
was authorized by Congress in the Water Resources Development
Act of 1986, and construction began in 1989. The main features:
construction of Seven Oaks Dam, improvements to the Prado Dam
Reservoir, and improvements to the lower river in Orange
County. The last remaining component in Orange County flood
risk management for the Santiago Creek area includes the
building, storage, and existing--essentially, working on the
existing gravel pits, onlet structures, and down-street
channelizations.
Now, let me tell you that the Santa Ana River was once
characterized as the worst flood threat west of the
Mississippi. Once completed, this project will prevent an
estimated $40 billion in damages, protect over 100,000 acres in
Orange County, and benefit over 4 million residents in Orange,
Riverside, and San Bernardino Counties. For this reason my
request would raise the authorized Federal help for the Santa
Ana River mainstem project by an additional $170 million so
that we can complete this project as designed, approved, all of
the components, period.
Now, as I mentioned earlier, we are a very densely
populated county. Back in the day, when Orange County was
essentially an agricultural area, our founding fathers never
thought about recreational areas. They never thought about
putting land aside to build parks, because we were an ag area:
open, wide spaces. That is no longer the case. Today Orange
County, my area in Orange County, is probably the second most
densely populated area in the State of California, and I am
sure one of the top most densely populated areas in the United
States.
To that end, I am also requesting--my second request--$10
million to conduct a study, design, and construction on
modification to the project to direct the Army Corps of
Engineers to add recreational areas along the Santiago Creek
and the confluence of the Santiago Creek and Santa Ana River.
Madam Chair and Ranking Member, what we want to do is
secure Orange County, Orange County's economy, make sure we
don't have one of those big floods again like we had in the
1930s. We are almost there. Let's finish the job and, at the
same time, for another $10 million, make sure that the Santa
Ana River, which is now lined with cement, becomes a river of
life, so it is a win-win situation. Our constituents can
recreate in an area that keeps them safe from that 200-year
flood.
Madam Chair, thank you.
[Mr. Correa's prepared statement follows:]
Prepared Statement of Hon. J. Luis Correa, a Representative in Congress
from the State of California
Thank you, Chair Napolitano and Ranking Member Rouzer, for hosting
Members' Day for members to share their requests for the Water
Resources Development Act of 2022.
Today, I'd like to highlight a project that is in the heart of my
district.
In the 1986 Water Resources Development Act, the Santa Ana River
Mainstem Project (Project) was fully authorized as a flood-risk
management project that included environmental features, restoration of
temporary loss of habitat values, cultural mitigation, and a 32 mile
system of recreation trails.
The Project, which includes the Santiago Creek component, also
received funding under the Bipartisan Budget Act of 2018 (BB18) so that
all components could be completed as designed and approved. The
Santiago Creek work represents the last component of the Project.
Despite the Congressional mandate to complete the work on the Project,
the Santiago Creek component is threatened because the Corps is facing
unanticipated cost increases which limit its ability to implement
construction for all of the projects funded under BB18.
For that reason, my request would raise the authorized federal help
for the Santa Ana River Mainstem Project by an additional $170 million
so that it could be completed as designed and approved, including all
components.
Additionally, the only recreation and esthetic treatment for the
portion near the Santiago Creek currently authorized for the Creek in
the project is a 1.7 mile bike path. My constituents in Santa Ana have
limited access to green space, and it's important to the health of our
community that we maximize every opportunity to provide additional
recreational areas.
To that end, I am also requesting $10 million to conduct a study,
design, and construction on modification to the Project to direct the
Army Corps to add recreational areas along the Santiago Creek and at
the confluence of the Santiago Creek and the Santa Ana River, as well
as directing the Corps to incorporate natural infrastructure, including
vegetation along the Santiago Creek and at the confluence of the
Santiago Creek and the Santa Ana River consistent with the Army Corps'
Engineering with Nature policy, where appropriate.
I thank the Committee again for this opportunity to discuss an
important project to provide hardworking Santa Ana residents with
recreational space. Access to public recreational space can improve
physical and mental health and foster a love of the outdoors and
conservation in our youth. Americans support and recognize the benefits
that public recreational spaces offer and how they can transform our
cities into vibrant and healthy communities. Santa Ana residents
deserve to have access to natural resources in our city, and I urge the
Committee to support this additional funding and investment.
Thank you for your time and consideration of this matter and I look
forward to continuing to work with you on these and other issues and I
yield back the balance of my time.
Mrs. Napolitano. Thank you, Mr. Correa, and I agree with
you on that. Thank you for your testimony, sir. And thank you
again for everything you have done.
Now, next, we have Mrs. Lee, followed by Mr. Valadao.
Mrs. Lee, the gentlewoman from Nevada, you are recognized
for 5 minutes.
TESTIMONY OF HON. SUSIE LEE, A REPRESENTATIVE IN CONGRESS FROM
THE STATE OF NEVADA
Mrs. Lee of Nevada. Thank you. Thank you, Madam Chair and
Ranking Member Rouzer, for having this Members' Day hearing on
this critically important bill that addresses the water supply
and environmental infrastructure needs of this Nation and our
local communities.
As many of you know, southern Nevada, where I represent,
and the entire West, is facing an unprecedented drought. In my
district, Lake Mead, which supplies water for 25 million people
across Nevada, Arizona, and California, is at the lowest level
it has been since the Hoover Dam was constructed in the 1930s.
Now, more than ever, it is critical that we build the
infrastructure we need to make our communities resilient to
drought, and to better manage our water resources. And that is
precisely why I am advocating for critical investments in
section 595, the Army Corps program in rural Nevada and across
the Western U.S. To date, funding for this water management
program has been almost completely expended since its last
authorization.
Section 595 allows the Army Corps to provide design and
construction assistance for water-related environmental
infrastructure projects. These projects include things like
wastewater treatment plants, water supply facilities,
environmental restoration, and surface water protection. In my
district, section 595 has funded a range of projects to protect
water resources and ensure our community has access to clean
drinking water.
In Searchlight, Nevada, the Army Corps was critical in the
design and construction of the Searchlight Water and Wastewater
System improvements. In Boulder City, they renovated three city
wastewater pump stations and several miles of force main to
protect against accidental discharge of wastewater into the
Lake Mead National Recreation Area and Lake Mead. And just
outside of Las Vegas, the Army Corps and Las Vegas Valley Water
District have worked closely to complete an urgent upgrade to
meet fire protection and emergency requirements after the
system suffered water leaks, excessive corrosion, and main
breaks.
The declining groundwater levels and well deterioration
presented a significant water supply risk for the Greater Las
Vegas Valley community. Section 595 was critical to updating
our facilities and protecting against ongoing drought
conditions so that the existing water system has a reliable
means to safely provide for the community's water needs.
I cannot stress how important the section 595 program is
for southern Nevada and the American West, as the region faces
the worst drought we have faced in twelve centuries. Yes, I
said that: twelve centuries.
But thank you again, Madam Chair and Ranking Member Rouzer.
And again, I urge you to support this important program.
[Mrs. Lee's prepared statement follows:]
Prepared Statement of Hon. Susie Lee, a Representative in Congress from
the State of Nevada
Thank you, Chair Napolitano and Ranking Member Rouzer, for hosting
a Members' Day Hearing on this critically important bill to address the
water supply and environmental infrastructure needs of our nation and
our local communities.
As many of you know, southern Nevada--and the entire West--is
facing an unprecedented drought. In my district, Lake Mead, which
supplies water for 25 million people across Nevada, Arizona, and
California, is at its lowest level since the construction of the Hoover
Dam in the 1930s. Now more than ever, it's critical that we build the
infrastructure we need to make our communities resilient to drought and
better manage our water resources.
That is why I'm advocating for critical investments in the Section
595 Army Corps program in rural Nevada and across the Western U.S. To
date, funding for this vital water management program has been almost
completely expended since its last authorization. Section 595 allows
the Army Corps to provide design and construction assistance for water-
related environmental infrastructure projects. These projects include
things like wastewater treatment plants, water supply facilities,
environmental restoration, and surface water protection.
In my district, Section 595 has funded a range of projects to
protect our water resources and ensure our community has access to
clean drinking water.
In Searchlight, the Army Corps was critical in the design and
construction of Searchlight Water and Wastewater System improvements.
In Boulder City, they renovated three city wastewater pump stations
and several miles of force main to protect against accidental discharge
of wastewater into the watershed of Lake Mead National Recreation Area
and Lake Mead.
And just outside of Las Vegas, the Army Corps and Las Vegas Valley
Water District have worked closely to complete an urgent upgrade to
meet fire protection and emergency requirements after the system
suffered from water leaks, excessive corrosion, and main breaks. The
declining groundwater levels and well deterioration presented a
significant water supply risk for the greater Las Vegas Valley
community. Section 595 was critical to updating our facilities and
protecting against ongoing drought conditions so that the existing
water system has a reliable means to safely provide for the community's
water needs.
I cannot stress enough how important the Section 595 program is for
southern Nevada--and the American West--as the region faces the worst
drought in twelve centuries.
Thank you again, Chair Napolitano and Ranking Member Rouzer for the
chance to speak about this important program. I yield my time.
Mrs. Napolitano. Thank you very much for your testimony,
Mrs. Lee, and that will be taken into consideration.
I would like to recognize our next Member, the gentlewoman
from the U.S. Virgin Islands, Ms. Plaskett.
You are on, Ms. Plaskett, for 5 minutes.
TESTIMONY OF HON. STACEY E. PLASKETT, A DELEGATE IN CONGRESS
FROM THE VIRGIN ISLANDS
Ms. Plaskett. Thank you. It is so wonderful to be here with
you, Chairwoman Napolitano, as well as Ranking Member Rouzer,
members of the subcommittee, and particularly, of course, the
staff, who do so much of the great work. I want to thank you
for the opportunity to advocate on behalf of my district, the
U.S. Virgin Islands, as well as the noncontiguous portions of
this country, as the committee develops the Water Resources
Development Act of 2022.
I have a lot of critical priorities that I would like to
discuss with you, but I think I would rather use my time to
talk specifically about some policy issues and policy changes
which I believe will be really helpful to the U.S. Virgin
Islands, as well as the noncontiguous U.S., and moving forward
with a variety of projects for flood control, storm damage
reduction, and ecosystem restoration.
The Virgin Islands is currently having difficulty with
moving ahead on projects that have been authorized and funded,
due to insufficient funds to pay local cost share requirements.
Therefore, I have requested language to allow non-Federal
sponsors to use State and local fiscal recovery funds to pay
the local cost share on all phases of water resources
development projects. This is consistent with the Department of
the Treasury's guidance on the use of these funds under the
American Rescue Plan Act of 2021.
However, the Corps of Engineers is presently requiring non-
Federal sponsors to obtain a signed letter from the U.S.
Treasury Secretary to explicitly authorize such use of funds to
pay the local cost share on each water resources development
project. This is an unnecessary bureaucratic hurdle. It is
impractical, unreasonable, and unrealistic for each project,
and the inconsistency with standing guidance issued for the use
of funding provided for the State and local fiscal recovery
funds under the American Rescue Plan Act of 2021.
Allowing the use of the ARPA funding to meet local cost
share requirements will greatly benefit the Virgin Islands
because sufficient local funds are not available to pay for
medium-sized flood control projects that were authorized in the
Water Resources Development Act of 2020, and funded to build
with resources allocated under the Infrastructure Investment
and Jobs Act and the Disaster Relief Act of 2021.
I have also asked that cost share waiver authority that
currently exists for U.S. Territories and Indian Tribes under
section 1156 of the Water Resources Development Act of 1986 be
extended to apply to the preconstruction design and engineering
phase of a water resource development project, in addition to
studies. This would tremendously help both the Territories and
Indian Tribes.
In my district, due to insufficient funds to pay local cost
share and the inability to use the ARPA funding to pay such
local cost share, the preconstruction design and engineering
phase of the largest flood risk management project on St.
Thomas that is currently authorized and funded cannot move
forward.
These are examples, I believe, of policy issues which I
think could work to support the increase in completing these
projects, and making sure that they are done.
And lastly, I have requested, with other Members from the
noncontiguous U.S., that the committee include language to
authorize the Secretary, in conducting a study of flood risk
management or hurricane and storm damage risk reduction, to
recommend a project in the noncontiguous U.S. without meeting a
demonstration that the project can be justified by national
economic development benefits. The noncontiguous areas of the
U.S. are set apart geographically from the rest of the country,
and have special needs related to flood risk management or
hurricane and storm damage risk reduction.
I have a written testimony which has much more specificity
with regard to priorities and projects, but I appreciate the
opportunity to speak with you all today about these issues, and
thank you for your time.
I yield back.
[Ms. Plaskett's prepared statement follows:]
Prepared Statement of Hon. Stacey E. Plaskett, a Delegate in Congress
from the Virgin Islands
Chairwoman Napolitano, Ranking Member Rouzer, members of the
subcommittee. Good day and thank you for this opportunity to advocate
on behalf of my district, the U.S. Virgin Islands, as the committee
develops the Water Resources Development Act of 2022. The Water
Resources Development Act, traditionally renewed every two years,
authorizes a variety of water projects for construction, including
projects to improve navigation, flood control, hurricane and storm
damage reduction, shoreline protection, and ecosystem restoration, as
well as environmental infrastructure projects. It creates good-paying
jobs while strengthening and improving the vital water infrastructure
that Americans rely on.
There are five critical priorities I want to bring to your
attention for inclusion in the Water Resources Development Act for
2022. The first is the environmental infrastructure project that I have
requested on behalf of my district, the U.S. Virgin Islands, and the
Virgin Islands Waste Management Authority.
The purpose of the project is to remediate the contamination caused
by overflowing oil storage at the oil collection points, and to
construct proper containment areas for the oil storage for the Do-It-
Yourself oil users of the U.S. Virgin Islands. The taxpayers of the
Virgin Islands need a proper and clean way to dispose of their used
motor and cooking oil. The Virgin Islands Waste Management Authority
needs the funds for the remediation of these existing sites which have
been overwhelmed with the volume of the oil. The surrounding soil has
been contaminated and the extent of the contamination is unknown. This
project would fund the investigation of the site media to determine how
far the oil contamination has reached. This directly impacts the
environment.
The second part of the project is to construct proper oil
containment areas to support the proper storage of the territory's
residential used oil. With proper storage tanks and containment areas,
further pollution to the environment will be prevented. This project
will benefit the residents of the Virgin Islands by having less
pollution released to the environment and having a safe and clean area
to dispose of their used oil.
I am requesting new environmental infrastructure authority for the
foregoing purposes, and the requested funding authorization amount is
$1.584 million.
Additionally, I have a number of policy requests that will assist
the U.S. Virgin Islands, and the noncontiguous United States, in moving
forward with a variety of projects for flood control, storm damage
reduction, and ecosystem restoration.
The Virgin Islands is currently having difficulty with moving ahead
on projects that have been authorized and funded due to insufficient
funds to pay local cost share requirements.
Therefore, I have requested language to allow non-Federal sponsors
to use State and Local Fiscal Recovery Funds to pay the local cost
share on all phases of water resources development projects. This is
consistent with Department of the Treasury guidance on the use of these
funds under the American Rescue Plan Act of 2021. However, the Corps of
Engineers is now requiring non-Federal sponsors to obtain a signed
letter from the U.S. Treasury Secretary to explicitly authorize such
use of funds to pay the local share on each water resources development
project. Such a bureaucratic hurdle is impractical, unreasonable,
unrealistic for each project, and inconsistent with standing guidance
issued for the use of funding providing from the State and Local Fiscal
Recovery Funds under the American Rescue Plan Act of 2021.
Allowing the use of ARPA funding to meet local cost share
requirements will greatly benefit the Virgin Islands because sufficient
local funds are not available to pay for the medium-sized flood control
projects that were authorized in the Water Resources Development Act of
2020 and funded to be built with resources allocated under the
Infrastructure Investment and Jobs Act and the Disaster Relief Act of
2021.
I have also asked that the cost share waiver authority that
currently exists for U.S. territories and Indian tribes under section
1156 of the Water Resources Development Act of 1986 be extended to
apply to the pre-construction design and engineering phase of a water
resources development project, in addition to studies. This would be of
tremendous help to both the territories and Indian tribes. In my
district, due to insufficient funds to pay local cost share, and the
inability to use ARPA funding to pay such local cost share, the pre-
construction design and engineering phase of the largest flood risk
management project on St. Thomas that is currently authorized, and
funded, cannot move forward. This cost share waiver authority would
allow us to go ahead with this important project for flood control.
Additionally, I have requested a modest increase to the Continuing
Authorities Program per-project limit applicable to projects for flood
control, and aquatic ecosystem restoration, to $15 million, and a
similar increase to the per-project limit applicable to projects for
shoreline protection, to $10 million. These limits have not been
increased in nearly 10 years, since 2014. This policy would be of great
assistance to my district and many others around the country with CAP
projects that have expected costs currently reaching the limit. Once
the limit is reached, the cost of the project above that amount must be
borne entirely from the non-Federal project sponsor, or the project
will have to wait years for authorization and further funding.
Lastly, I have requested, with other Members from the noncontiguous
United States, that the committee include language to authorize the
Secretary, in conducting a study of flood risk management or hurricane
and storm damage risk reduction, to recommend a project in the
noncontiguous U.S. without needing a demonstration that the project is
justified by national economic development benefits. The noncontiguous
areas of the United States are set apart geographically from the rest
of the country, and have special needs related to flood risk management
or hurricane and storm damage reduction.
This policy would align well with the same federal authority that
currently exists for studies of harbor and navigation improvements, and
related projects, in the noncontiguous United States. This policy
request is designed to help with the authorization of flood control or
storm damage reduction projects in U.S. territories, Hawaii, or Alaska,
which are less populated and challenged to generate sufficient national
economic benefits as compared to that of larger communities in the
lower 48 contiguous States. These communities are particularly
vulnerable to climate change. Sea level rise is placing stress on reef
ecosystems and other natural barriers that protect shorelines, prevent
coastal road damages, mitigate inland flooding, stave off salinization
of freshwater sources, and more.
I humbly ask that the committee favorably consider all these
provisions that I have requested as it drafts the Water Resources
Development Act of 2022. Thank you for your work on this legislation
and your attention to my requests.
Mrs. Napolitano. Thank you very much, Ms. Plaskett. We
understand the issues that the Territories have, and we are
trying to work with them to see what we can do to help out.
Thank you very much.
Now I would like to recognize our next Member, the
gentleman from California.
Mr. Valadao, you are on for 5 minutes, sir.
TESTIMONY OF HON. DAVID G. VALADAO, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF CALIFORNIA
Mr. Valadao. Thank you. Good afternoon, Chair Napolitano,
Ranking Member Rouzer, and members of the subcommittee. Thank
you very much for this opportunity to advocate for my requests
for the Water Resources Development Act of 2022.
I am glad to see the committee is planning to stay on the
2-year track with WRDA legislation.
Improving projects, processes, and access to water is
crucial, especially in districts like mine. Even though many of
the Federal assets in my district and across California are
managed by the Bureau of Reclamation, there are still
opportunities in WRDA bills to help the Central Valley.
I would like to start by discussing my request to include
my legislation, the RENEW WIIN Act, in the base bill. This
legislation was actually first enacted in the WRDA bill of
2016, which was ultimately signed into law as the WIIN Act.
According to a study from UC Merced, the drought directly
cost the agriculture economy in California $1.1 billion, 8,750
jobs last year. The Central Valley desperately needs water, and
this no-cost, clean extension of the operations and storage
provision in the WIIN Act is an important step to ensure
reliable water supply for our communities.
Specifically, the bill extends through 2031 the authority
of the Bureau of Reclamation to provide support for Federal or
State-led water storage projects in certain Western States. It
also extends provisions specific to California, including
drought relief and the operations of the Central Valley
Project, which is a hydropower and water management project in
California that is operated by the Bureau of Reclamation.
Further, the bill extends through 2036 consultation
requirements concerning biological assessments and the
coordinated operations of the Central Valley Project and the
State Water Project in California.
My next request is about the U.S. Army Corps of Engineers
Big Dry Creek Reservoir and the Fancher Creek Reservoir in
Fresno County. The project was originally designed to help the
San Joaquin Valley region with flood control. The language
submitted to you would provide the Army Corps with authority
for temporary storage of water, which is much needed in our
region.
Groundwater basins in the San Joaquin Valley have long
suffered from critical overdraft. Prolonged drought, like what
we are currently facing, has enhanced the need for additional
water storage in the region. Reoperation of the Redbank and
Fancher Creeks project would greatly help the area by
temporarily storing and redistributing the water for recharge
to better balance groundwater levels for our communities and
economy. This project will provide the necessary evaluation and
improvements to reoperate reservoirs within the Redbank and the
Fancher Creeks project, primarily the Big Dry Creek Reservoir.
Reoperation will allow for the holding of stormwater into
spring and summer for later release in the region's extensive
system of groundwater recharge basins. The ability to capture,
store, and effectively use these flows is critical to the
region's efforts to balance water use and long-term water
sustainability. Repetitive and often severe drought experienced
by the Fresno/Clovis region calls for this water supply
resiliency afforded by maximizing the storage of surface water.
The project will serve as a conservation pool for short-
term storage of available surface waters up to 15,000 acre-
feet, and will be used for downstream beneficial uses,
primarily direct and indirect recharge within the critically
overdrafted groundwater basin. This project will help meet the
water needs of our communities, which are mainly disadvantaged.
Finally, I would like to highlight my final request that
would amend the Army Corps project purpose to include water
supply. Given the increasing frequency of periods of excess
water and excess drought as a result of extreme weather
conditions, this additional authority would help to utilize and
maximize storage capacity to serve the beneficial uses in
California. This is a cost-effective way to prepare for drought
emergencies and increase climate resiliency. The provision
provides the Secretary with more flexibility in how they are
able to adapt to future climate scenarios.
Thank you again for giving me this opportunity to highlight
the importance of my WRDA requests. I hope you will seriously
consider the inclusion of these requests in the base bill.
Thank you, and I yield back.
[Mr. Valadao's prepared statement follows:]
Prepared Statement of Hon. David G. Valadao, a Representative in
Congress from the State of California
Good afternoon Chair Napolitano, Ranking Member Rouzer, and members
of the subcommittee. Thank you for this opportunity to advocate for my
requests for the Water Resources Development Act of 2022.
I am glad to see the committee is planning to stay on the two-year
track with WRDA legislation. Improving projects, processes, and access
to water is crucial, especially in districts like mine. Even though
many of the federal assets in my district and across California are
managed by the Bureau of Reclamation, there are still opportunities in
WRDA bills to help the Central Valley.
I would like to start by discussing my request to include my
legislation, the RENEW WIIN Act, in the base bill. This legislation was
actually first enacted in the WRDA bill of 2016, which was ultimately
signed into law as the WIIN Act.
According to a study from UC Merced, the drought directly cost the
agriculture economy in California 1.1 billion dollars and 8,750 jobs
last year. The Central Valley desperately needs water, and this no-
cost, clean extension of the operations and storage provisions in the
WIIN Act is an important step to ensure a reliable water supply for our
communities.
Specifically, the bill extends through 2031 the authority of the
Bureau of Reclamation to provide support for federal or state-led water
storage projects in certain western states. It also extends provisions
specific to California, including drought relief and the operations of
the Central Valley Project, which is a hydropower and water management
project in California that is operated by the Bureau of Reclamation.
Further, the bill extends through 2036 consultation requirements
concerning biological assessments and the coordinated operations of the
Central Valley Project and the State Water Project in California.
My next request is about the U.S. Army Corps of Engineers Big Dry
Creek Reservoir and the Fancher Creek Reservoir in Fresno County. The
project was originally designed to help the San Joaquin Valley region
with flood control. The language submitted to you would provide the
Army Corps with authority for the temporary storage of water which is
much needed in our region.
Groundwater basins in the San Joaquin Valley have long suffered
from critical overdraft. Prolonged drought, like what we are currently
facing, has enhanced the need for additional water storage in the
region. Reoperation of the Redbank and Fancher Creeks project would
greatly help the area by temporarily storing and redistributing the
water for recharge to better balance groundwater levels for our
communities and economy.
This project will provide the necessary evaluation and improvements
to reoperate reservoirs within the Redbank and Fancher Creeks Project,
primarily the Big Dry Creek Reservoir. Reoperation will allow for the
holding of storm water into spring and summer for later release into
the region's extensive system of groundwater recharge basins. The
ability to capture, store, and effectively use these flows is critical
to the region's efforts to balance water use and long-term water
sustainability. Repetitive and often severe drought experienced by the
Fresno/Clovis region calls for the water supply resiliency afforded by
maximizing the storage of surface water.
The project will serve as a conservation pool for short-term
storage of available surface waters up to 15,000 acre-feet, and will be
used for downstream beneficial uses, primarily direct and indirect
recharge, within the critically over drafted groundwater basin. This
project will help meet the water needs of our communities which are
mainly disadvantaged.
Finally, I would like to highlight my final request that would
amend the Army Corps project purpose to include water supply. Given the
increasing frequency of periods of excess water and excess drought as a
result of extreme weather conditions, this additional authority would
help to utilize and maximize storage capacity to serve the beneficial
uses in California.
This is a cost-effective way to prepare for drought emergencies and
increase climate resiliencies. The provision provides the Secretary
with more flexibility in how they are able to adapt to future climate
scenarios.
Thank you again for giving me the opportunity to highlight the
importance of my WRDA requests. I hope you will seriously consider the
inclusion of these requests in the base bill.
Mrs. Napolitano. Thank you, Mr. Valadao, for your
testimony, and it will be considered. Thank you very much.
Mr. Valadao. Thank you.
Mrs. Napolitano. The next witness, the next Member, and
probably the last, is the gentleman from Hawaii, Mr. Case.
You have 5 minutes, sir.
TESTIMONY OF HON. ED CASE, A REPRESENTATIVE IN CONGRESS FROM
THE STATE OF HAWAII
Mr. Case. Thank you, Madam Chair and Ranking Member,
members of the committee. Aloha and mahalo for the opportunity
to support this committee's continued efforts on behalf of
critical water resources activities and programs that are
important to both our Nation and to my home State of Hawaii.
Hawaii, of course, is an island State, with the ocean on
all sides. So, the impacts of our ocean on our lands directly
affect our everyday lives. This is especially important where
we go to enjoy our oceans and marine environment, and where we
host millions of visitors per year seeking the same experience,
making travel and tourism by far our largest single economy.
So, the impacts of climate change on coastal erosion and
flooding, especially along our world-class beaches, are severe,
both as to our economy and our way of life.
The State of Hawaii needs the technical assistance only the
U.S. Army Corps of Engineers can provide to save our precious
beaches and oceans, especially iconic Waikiki Beach and the
surrounding Mamala Bay. This is my top WRDA request to this
committee for assistance.
Mamala Bay and Waikiki Beach in Honolulu have played a
central role in Hawaii's recreational, cultural, and economic
story for centuries.
Waikiki Beach and its offshore waters form the hub of our
visitor industry, our largest overall economic driver, with
direct contributions of around 25 percent of our total GDP.
Waikiki Beach is one of the most visited and enjoyed beaches on
Earth, with over 10 million visitors per year. These visitors
are both local residents for whom Waikiki Beach is the most
central ocean recreation area in urban Honolulu, and our
tourists.
The majority of tourists who visit Hawaii stay at some
point in Waikiki hotels and resorts right on Waikiki Beach, or
right next to it, so they can visit the beach. A 2016 report by
the University of Hawaii concluded that some 58 percent of
tourists to Waikiki would not have visited if there was no
beach and easy ocean access at Waikiki.
However, the increasing impacts of climate change and sea
level rise, which is especially problematic for island States
and Territories such as Hawaii, are taking an alarming toll on
Waikiki Beach. Especially over the past decade, there has been
an alarming increase in shoreline erosion, with associated
impacts on the immediate ocean habitat, ecosystems, and
recreational opportunities. These have been exacerbated by
completely inadequate shoreline stabilization efforts for
decades. and in some places, for over a century.
The threat of further accelerating erosion up to the total
loss of the beach is very real. The consequences would be
widespread. In the visitor industry alone, the University of
Hawaii 2016 study concluded that complete erosion of Waikiki
Beach would result in a loss of some $2.2 billion annually in
spending and revenue for Hawaii's economy.
There have been some small and discrete stabilization
projects initiated and implemented along specific portions of
the Waikiki coastline, but no comprehensive, integrated project
that would address the threat in its entirety. A new
comprehensive feasibility study is required to develop a
project or series of projects that address the long-term
sustainability and utility of Waikiki Beach and its adjacent
ocean environment and critical public infrastructure. Such a
study will help ensure the associated recreational and economic
benefits are preserved and enhanced.
Your committee has within its power the abilities to make a
legislative correction to assure this study can move forward.
Section 209 of Public Law 87-874 currently authorizes the Corps
of Engineers to conduct surveys of flood and tidal events only
of Hawaii's rivers and harbors. But it does not cover related
shorelines or nearby buildings and infrastructure. There is
really no justification for this distinction, especially in the
specific case of Waikiki Beach, where the basic challenge
extends from the land through the beach to the marine
environment. Your support is needed to make sure we take into
consideration the outsized issues like this that remote and
coastal locations face as our country debates how to approach
impacts to infrastructure due to climate change.
Finally, I would like to express my gratitude to the Corps
of Engineers for its continued commitment to improving and
adjusting to these unique situations in Hawaii and urge further
consideration of these topics that are so vital to my home
island State.
Mahalo again for your time, and I appreciate your
consideration of these concerns from Hawaii as you reauthorize
the Water Resources Development Act.
[Mr. Case's prepared statement follows:]
Prepared Statement of Hon. Ed Case, a Representative in Congress from
the State of Hawaii
Chair DeFazio, Ranking Member Graves and Members of the Committee:
Aloha, and mahalo for the opportunity to support this Committee's
continued efforts on behalf of critical water resources activities and
programs that are important to both our nation and my home state of
Hawai`i.
Hawai'i of course, is an island state, with the ocean on all sides,
so the impacts of our ocean on our land directly affect our everyday
lives. This is especially important where we go to enjoy our oceans and
marine environment, and where we host millions of visitors per year
seeking the same experience, making travel and tourism by far our
largest single industry. So the impacts of climate change on Coastal
erosion and flooding, especially along our world-class beaches, are
severe both as to our economy and our way of life.
The State of Hawai`i needs the technical assistance only the U.S.
Army Corps of Engineers can provide to save our precious beaches and
oceans, especially iconic Waikiki Beach and the surrounding Mamala Bay.
This is my top request to this Committee for assistance.
Mamala Bay and Waikiki Beach in Honolulu have played a central role
in Hawaii's recreational, cultural and economic story for centuries.
Waikiki Beach and its offshore waters form the hub of Hawaii's visitor
industry, Hawaii's largest overall economic driver with direct
contributions of around 25% of our total GPD. Waikiki Beach is one of
the most visited and enjoyed beaches on earth, with over 10 million
visitors per year. These visitors are both local residents, for whom
Waikiki Beach is the most central ocean recreation in urban Honolulu,
and tourists. The majority of tourists who visit Hawai`i stay at some
point in Waikiki hotels and resorts, right on Waikiki Beach or right
next to it so they can visit the beach. A 2016 report by the University
of Hawai`i concluded that some 58% of tourists to Waikiki would not
have visited if there was no beach and easy ocean access at Waikiki.
However, the increasing impacts of climate change and sea level
rise, which is especially problematic for island states and territories
such as Hawai`i, are taking an alarming toll on Waikiki Beach.
Especially over the past decade, there has been an alarming increase in
shoreline erosion with associated impacts on the immediate ocean
habitat, ecosystems and recreational opportunities. These have been
exacerbated by completely inadequate shoreline stabilization efforts
for decades--and in some places for over a century.
The threat of further accelerating erosion up to the total loss of
the beach is real. The consequences would be widespread. In the visitor
industry alone, the University of Hawai`i 2016 study concluded that
complete erosion of Waikiki Beach would result in a loss of some $2.2
billion annually in spending and revenue for Hawaii's economy.
There have been some small and discrete stabilization projects
initiated and implemented along specific portions of the Waikiki
coastline, but no comprehensive, integrated project that would address
the threat in its entirety. A new, comprehensive feasibility study is
required to develop a project or series of projects that address the
long-term sustainability and utility of Waikiki Beach and its adjacent
ocean environment and critical public infrastructure. Such a study will
help ensure the associated recreational and economic benefits are
preserved and enhanced.
Your Committee has within its power the ability to make a
legislative correction to assure this study can move forward. Section
209 of Public Law 87-874 currently authorizes the Corps of Engineers to
conduct surveys of flood and tidal events only of Hawaii's rivers and
harbors, but it does not cover related shorelines or nearby buildings
and infrastructure. There is no justification for this distinction,
especially in the specific case of Waikiki Beach where the basic
challenge extends from the land through the beach to the marine
environment. Your support is needed to make sure we take into
consideration the outsized issues like this that remote and coastal
locations face as our country debates how to approach impacts to
infrastructure due to climate change.
Finally, I would like to express my gratitude to the Corps of
Engineers for its continued commitment to improving and adjusting to
these unique situations in Hawai`i and urge further consideration of
these topics that are so vital to my home state.
Mahalo you for your time, and I appreciate your consideration of
these concerns from Hawai`i as the Committee reauthorizes the Water
Resources Development Act.
Mrs. Napolitano. Thank you for your testimony, Mr. Case,
and I understand what climate change is doing to all of the
United States. Thank you again.
Mr. Case. Thank you.
Mrs. Napolitano. Thank you to all the Members for their
testimony. It was very enlightening and very helpful to the
subcommittee.
I ask unanimous consent that the record of today's hearing
remain open until such time as our witnesses have provided any
answers--there were no questions, so I guess that doesn't
apply--to any questions that may be submitted to them in
writing.
I ask unanimous consent that the record remain open 15 days
for any additional comments and information submitted by
Members of Congress to be included in the record of today's
hearing.
And without objection, so ordered.
I would like to thank our witnesses again for the
testimony.
Do you have any comments?
Mr. Rouzer. No, it was a great subcommittee hearing, Madam
Chair, and I look forward to lunch.
Mrs. Napolitano. Thank you for hanging with us. I would
like to thank our witnesses again for their testimony.
And if no Members have anything to add, the committee
stands adjourned.
[Whereupon, at 1:14 p.m., the subcommittee was adjourned.]
Submissions for the Record
----------
Prepared Statement of Hon. Sam Graves, a Representative in Congress
from the State of Missouri, and Ranking Member, Committee on
Transportation and Infrastructure
Thank you, Chair Napolitano.
Keeping the Water Resources Development Act on a two-year cycle is
critical to address and advance our Nation's water resources
infrastructure needs.
Like the critical flood control projects in my home State and
District, other Members have critical priorities too.
As we move forward, an important step is to gather as much input as
possible.
Today we will hear from our Congressional colleagues about a number
of projects and policies that will help inform a WRDA bill.
Past WRDAs have had strong bipartisan support, so I hope this
hearing today will help us reach that same goal this year.
Thank you again to the Subcommittee Chair and thank you to all the
Members testifying today. I yield back.
Prepared Statement of Hon. Pete Aguilar, a Representative in Congress
from the State of California
I want to thank Chairwoman Napolitano and Ranking Member Rouzer for
holding this Member Day hearing on the Water Resources Development Act
(WRDA) of 2022, and allowing me to speak about some of the projects I
submitted that will benefit my constituents in California's 31st
Congressional District.
Seven Oaks Dam
First, the Seven Oaks Dam is one of the largest embankment dams in
the United States. It was proposed in response to major floods in the
mid-twentieth century and constructed between 1993 and 2000 to provide
flood protection to San Bernardino, Riverside and Orange Counties. The
reservoir has a gross storage capacity of 145,600 acre-feet with a
113,000 acre-feet reserve for flood control. Since its construction,
the dam has not been filled to capacity.
Under the dam's original project authorization, the Water Resources
Development Act of 1986, the dam was only authorized for a single
purpose--flood control. However, the Seven Oaks Dam has the
infrastructure and technical design to serve as a multi-use dam. The
Water Resources Development Act of 2020 authorized and directed a
feasibility study to add water conservation as an authorized purpose
for the dam. Since this feasibility study, I urge the Committee to add
water conservation as an authorized purpose for the dam. By adding
water conservation as an authorized component, the dam and reservoir
would be used more efficiently and would provide a greater benefit to
the community.
Environmental Infrastructure Requests
Similar to Community Project Funding in the Appropriations process,
I am happy to see that the Committee created a pathway to carry out
water-related environmental infrastructure projects in WRDA.
The first environmental infrastructure project that I request the
Committee consider is the Bohnert Septic to Sewer Conversion Project.
This project will connect about 150 septic tanks to a municipal sewer
in Rialto, California and address the community's concerns of the
septic tanks overflowing into the streets, contaminating the
groundwater and causing health issues for the community. A feasibility
study and Preliminary Design Report have been completed for the project
and the Los Angeles District of the US Army Corps of Engineers has
confirmed that this project is compatible with the purpose of
environmental infrastructure projects.
The second environmental infrastructure project that I submitted
with Congresswoman Norma Torres is the Rialto Wastewater Plant
Microgrid Project in Rialto and Bloomington, California. This project
will implement a microgrid powered through a unique combination of
biogas cogeneration, solar power and backup battery storage to reliably
supply electricity for the City's wastewater treatment plant (WWTP).
The Rialto Microgrid is designed to keep residents' wastewater utility
rates in check, reduce climate emissions and provide ecosystem
restoration and emergency management benefits to the local community.
As wildfire season becomes year-long in California, the resilience of
the microgrid power source will be important for the Inland Empire to
work towards achieving greater energy independence.
Ensuring that future generations have clean air and water is one of
the most important responsibilities we have as a country. The projects
I requested in WRDA 2022 are essential to mitigating flood risk for
residents, reducing climate emissions and improving air quality for the
Inland Empire. I will continue fighting for additional resources to
help support projects in the Inland Empire that protect our residents'
environmental health.
I want to close by once again thanking the Members of this
Committee for working on the Water Resources Development Act (WRDA) of
2022. I look forward to continuing my work with each of you as you
develop WRDA 2022.
Prepared Statement of Hon. Nanette Diaz Barragan, a Representative in
Congress from the State of California
Thank you for the opportunity to address the committee on my
priorities. I would like to outline my in-district WRDA priorities, as
well as policy changes I am in support of.
In-District Project Priorities
Dominguez Channel Water Quality Infrastructure Project
One project priority is to improve the water quality of the
Dominguez Channel in my district, which has been degraded by industrial
pollution. Last fall, many residents in Carson were forced to leave
their home for weeks as an odor from hydrogen sulfide emissions from
the channel made living near it unbearable. This is an environmental
justice issue. It's critical the Army Corps support water quality
solutions to Dominguez.
My WRDA submission would support a feasibility study to identify
potential actions that can be taken to improve water quality, such as
water quality treatment facilities, water resources development
projects, or the modification of an existing water resources
development project. The request also includes federal support of up to
75% of the cost of the study, design, and construction of any proposed
solution. The maximum cost covered by the Army Corps would be $30
million.
WRD PFAS Remediation Program
Another project priority that would benefit my district is the
Water Replenishment District's $100 proposal to treat water wells
affected by PFAS. There are approximately 63 drinking water wells with
PFAS levels above their respective RLs in WRD's service area, and thus
far, 14 water purveyors have applied for grant funding from WRD to
install treatment systems for their PFAS-affected wells. Water
purveyors with PFAS-affected wells above the RLs must notify the public
about these wells or remove their wells from service.
Some water purveyors have shut down their production wells due to
PFAS detections. Without WRD's PFAS Remediation Program, these
purveyors would be unable to afford installation of treatment systems.
The threat of well closure is especially critical in low-income
communities, where well closures can significantly increase the cost of
tap water.
The benefit of the PFAS Remediation Program is removal of
contaminants from the water and reducing public exposure to PFAS. It
also ensures an uninterrupted supply of high-quality groundwater at
affordable rates.
Policy Changes
Redressing Environmental Justice
While significant progress was made in the 2020 WRDA bill, much
more can still be done to ensure that the Army Corps of Engineers has
the tools and capacity needed to advance community-supported solutions
to the entrenched water resources challenges that plague far too many
of the nation's most vulnerable communities.
This includes increasing capacity and expertise within the Corps,
ensuring meaningful opportunities for public input, increasing
opportunities for assistance by expanding the Pilot Program for
Economically Disadvantaged Communities, maximizing toxics remediation
in ecological restoration, navigation and flood resilience projects,
advancing environmental justice innovation, and supporting minority-
owned businesses.
I have submitted 6 requests for environmental justice policy
improvements, based on a letter to the committee I co-led with
Representative Cohen.
Resilience Directorate
Another policy ask I have is for Congress to establish a Resilience
Directorate. Congress should establish a Resilience Directorate within
the Office of the Chief of Engineers to improve the Corps' ability to
reduce flood risks, promote coordinated planning across districts and
Corps business lines, and better leverage the benefits of natural
infrastructure. The Directorate should be tasked with ensuring that
existing programs, authorities, and operations take full advantage of
natural infrastructure and adopt modern, comprehensive planning
approaches.
Critically, the Directorate should have the resources and budgetary
authority needed to work and coordinate across Corps business lines to
infuse resilience into every aspect of the Corps' work. Congress should
also establish ``community and natural systems resilience'' as co-equal
project purpose for each water resources project to eliminate a
perceived barrier to comprehensive resilience planning. These reforms
will help the Corps take full advantage of its programs and authorities
to improve community and water resources resilience and avoid piecemeal
planning that can increase flood risks and recovery costs.
Thank you again for this opportunity to provide testimony, and for
your consideration. I look forward to working with you to advance these
priorities in WRDA.
Prepared Statement of Hon. Kathy Castor, a Representative in Congress
from the State of Florida
Chairman DeFazio and Ranking Member Graves,
Thank you for the opportunity to highlight important water resource
priorities that will protect and improve the water quality of Tampa Bay
and enhance the lives of my neighbors in Tampa, Hillsborough County,
Florida. Florida is a biodiverse state with many ecosystem needs, and
the U.S. Army Corps of Engineers does important work to address the
water quality challenges make communities more resilient to the rising
risks and costs of the climate crisis. As the House Committee on
Transportation and Infrastructure reviews projects and priorities for
the Water Resources Development Act of 2022 (WRDA 2022), I encourage
you to strongly consider including several projects in the Tampa Bay
area.
Tampa Bay Area
The entire Tampa Bay watershed serves as a recreational, economic
and natural resource that defines our area with growing stresses of
high population densities and aging infrastructure. The area is home to
over 145,000 people, 81,000 homes, 66 medical facilities, and more than
900 miles of roads, including critical evacuation routes, below 6 feet
Mean Higher High Water (MHHW). An Integrated Climate and Land-Use
Scenario (ICLUS) study depicted that future development along the
western shores of the south Tampa peninsula, and along the eastern and
southeastern shores of the Hillsborough Bay and Tampa Bay, is likely to
occur within the 10-percent annual exceedance probability (AEP) for
flood risk.
MacDill Air Force Base, a significant base for national security,
is in the southern portion of the south Tampa peninsula and is highly
vulnerable to coastal hazards. The western shores of the peninsula have
significantly higher risk for damages and flooding, due to the tidally
influenced man-made canals, which have left dredge holes, several of
which have not filled in over time. These holes can affect wave climate
in the areas and were identified as a priority for ecosystem
restoration efforts in the recent Army Corps of Engineers South
Atlantic Coastal Study (SACS.) The study also states that in
Hillsborough Bay, the highest Expected Annual Damages (EAD) will occur
on Harbor Island, Davis Island and Downtown Tampa, where critical
infrastructure like Tampa General Hospital and the Port Tampa Bay are
located. The Tampa Bay area also has more than 15,500 historic
structures, and over 470 known archaeological sites. Downtown Tampa
houses nine National Register of Historic Places (NHRP) and more than
60 NHRP buildings and structures that are in an at-risk zone for
flooding from sea level rise (SLR) and increased storm surge activity.
Our historic district of Ybor City also is close by.
Finally, Tampa Bay has unique species and ecosystems, with vast
marine habitats, seagrass beds, mangrove wetlands, saltmarshes, sandy
beaches and dunes, and upland forests that serve many ecological
functions, containing some of the most diverse waterbird nesting
populations and rookeries in the United States, providing goods and
services for Florida and our nation. These areas are identified in SACS
at highest risk due to sea level rise and habitat die off or
transition. Sea level rise and coastal storm flooding also will impact
commercial and recreational fisheries, causing economic impact across
the Tampa Bay region. The health of the Tampa Bay has been afflicted by
the devastating Piney Point disaster in 2021 and its resulting red
tide.
I also encourage the Committee to prioritize other investments for
the State of Florida to protect water resources and drinking water.
Congress must support efforts that aid in improving the water quality
and health of Upper Tampa Bay and its surrounding communities of Dana
Shores, Town n' Country, and Safety Harbor, which are often overlooked.
This will help local partners and organizations, like the Tampa Bay
Estuary Program, protect the natural environment, support the local
economy, and create jobs. I would also like to highlight the importance
for the Committee to help address the primary drivers of algal blooms
and degradation of aquatic ecosystems, which negatively impact the
water quality of the region, while taking into consideration bridge
replacement projects that prioritize better water circulation and
protection of the wetlands in the area.
Needed WRDA Investments
I urge the Committee to support robust investments in our nation's
ports, harbors, and inland waterways, which are vital to the health and
economic well-being of communities, including in Tampa Bay. Below I
have included some specific priorities for the Committees to consider
including in the WRDA 2022
1. As Florida's largest port, Port Tampa Bay serves West and
Central Florida and the Southeastern United States. It services both
industrial ships and commercial cruise lines, moving roughly 33 million
tons of cargo per year and providing over 80,000 jobs to the city and
surrounding areas. All fuels for the Central Florida region move
through this port, including for the Tampa International Airport and
MacDill Air Force Base. It is also a vital gateway for Florida
fertilizer to be shipped to domestic and international markets. As the
port expands and serves more ships transiting the Panama Canal and
Caribbean, I encourage the Committee to direct the Secretary of the
Army to survey federal navigation channels to facilitate the needs of
larger ocean-going vessels that would otherwise be prohibited from
transiting the channel due to draft restrictions.
2. To protect my community from coastal hazards, I urge the
Committee to ensure coastal Storm Risk Management measures are used to
protect critical infrastructure at the Port Tampa Bay and in McKay Bay.
McKay Bay is home to the McKay Bay Waste-To-Energy facility, a power
plant fueled by municipal solid waste and many other industrial sites
such as the Bay Side Power Plant and CSX Rockport Pier Terminal. This
important power plant provides a reliable, environmentally conscious
way of managing the City of Tampa's 360,000+ tons of municipal solid
waste that citizens generate each year, providing enough electrical
power to supply electrical needs for up to 15,000 Tampa homes per
month. McKay Bay is surrounded by mangroves and salt marsh wetlands and
is located along the Great Florida Birding Trail. Given its proximity
to dense populations and businesses in downtown Tampa, it is crucial
that the Committee works to ensure that the infrastructure in McKay Bay
remains protected against coastal storm threats by adding resilience.
3. Based on the population and infrastructure exposure analysis in
SACS, we know that most of the population and infrastructure in the
Tampa Bay area are subject to coastal hazards, particularly in the
areas surrounding Hillsborough Bay, including downtown Tampa, Bayshore
Boulevard, which connects downtown Tampa with MacDill Air Force Base,
is the second longest continuous sidewalk in the United States, widely
used for recreation and exercise purposes and providing a link to the
recreation areas of Ballast Point and Picnic Island, as well as Gandy
Bridge. Bayshore is designated ``Zone A'' for natural disaster
evacuation purpose as it is prone to flooding, and is in dire need for
implementation of hybrid structural and natural and nature-based
feature (NNBF) initiatives to protect and enhance the natural
environment for habitat and recreation. I encourage the Committee to
take necessary action to enact the structural restoration needed to
preserve Bayshore Boulevard for the next generation of Americans to
enjoy.
4. It is imperative for the Committee to consider investments in
habitat restoration and protection at the Bay Point dredge hole. The
Bay Point dredge sits on Old Tampa Bay north of the Courtney Campbell
Causeway. Old Tampa Bay is classified as impaired by the Florida
Department of Environmental Protections, mainly due to mercury found in
fish tissue and bacteria found on Picnic Island beaches. Additionally,
in a study conducted by the Hillsborough County Environmental
Protection Commission, Bay Point dredge hole is ranked worst on both
bottom dissolved oxygen and the benthic index, third worst on sediment
contaminants, and worst overall compared to 11 other Tampa area dredge
holes. The hole has not filled in naturally and is an opportunity for
beneficial placement of dredged material for ecosystem restoration
purposes.
5. Habitat restoration and protection is also needed at the
MacDill Docks. MacDill Air Force Base is home to the headquarters of
two US military unified combatant commands: United States Central
Command and United States Special Operations Command. Approximately
15,000 individuals work at MacDill, and it is a significant contributor
of the local economy. MacDill is also home to several federally
protected wildlife species including wood storks, red knots, piping
plovers, Florida burrowing owls, smalltooth sawfish, giant manta rays,
Florida manatees and American alligators. One of the most important
protected species found at MacDill is the gopher tortoise, which is a
candidate for the federal Endangered Species list and is listed as
threatened within the state of Florida. MacDill has also practiced
habitat restoration through the Stormwater Improvement and Management
project in the southeastern portion of the base, as well as the
creation of a saltern habitat in the southern portion of the base,
which is important to conserve the Tampa Bay estuary. These habitat
restoration efforts have improved the water quality around MacDill and
helped maintain the small population of gopher tortoises and Florida
burrowing owls. I highly encourage the committee to consider the
Habitat restoration and protection at MacDill.
As Chair of the U.S. House Select Committee on the Climate Crisis,
I am grateful for the work the Committee has already done to address
water resource challenges and urge the Committee to be bold and
strategic in crafting a WRDA 2022 bill that helps tackle the climate
crisis and protect communities across the nation. I understand that the
projects and policy priorities included in these WRDA reauthorization
bills are essential to the everyday lives of Americans and our economy
and thank you for the opportunity to share my priorities. I look
forward to working with you to craft a forward-thinking WRDA 2022 that
protects and restores our nation's ports, harbors, inland waterways,
ocean, and wetland ecosystems, and improves nature's resilience to
climate impacts, including coastal flooding. If you have any questions
or comments, please do not hesitate to contact me or my Legislative
Assistant Maria Robayo.
Prepared Statement of Hon. Diana DeGette, a Representative in Congress
from the State of Colorado
Chairman Napolitano and Ranking Member Rouzer:
Thank you for providing the opportunity to submit written testimony
to advocate for priorities in the upcoming Water Resources Development
bill. Continuing the recent successes of passing Water Resources
Development Act (WRDA) bills in 2014, 2016, 2018, and 2020, this bill
will help many states and localities move critical projects forward.
The 2022 WRDA bill gives us an opportunity to authorize new,
eligible projects, as well as modify existing projects and regulations
that allows us to improve the critical work of the U.S. Army Corps of
Engineers (USACE). This year, I am seeking modifications to language
for an existing project, increases in program limits for other USACE
projects, clarification of statutory language for congressionally
mandated steps in implementation of USACE projects, and language to
further assist with streamlining permits for local projects. These
modifications would benefit projects in my district and others across
the country.
Chatfield Downstream Channel Improvement Project: I want to thank
the committee for its continued support of the Chatfield Downstream
Channel Improvement Project. The work authorized by previous
legislation turned neglected portions of the South Platte River into a
vibrant and important resource for recreation and growing communities.
However, the project is far from complete, as seven miles of river
still require remediation. For the remainder of the project, I ask that
the committee consider adding the following language to WRDA 2022,
``Chatfield Downstream Improvement Channel: The Chatfield
Downstream Project authorized in the River and Harbors Act of
1950 is henceforth reauthorized for updated hydrology as
currently approved by FEMA for the South Platte River.''
The proposed language would clarify the authority of USACE to
approve modifications to the channel that are being proposed as part of
the corridor plan and allow for continuous uninterrupted work on the
whole corridor.
Pre-Construction Engineering and Design: As you well know, the Pre-
Construction Engineering and Design (PED) phase of USACE projects is
critical for making sure projects continue to move forward during the
period between the signing of a Chief of Engineers report and the
authorization of a project. I ask that the committee consider language
that would allow PED funding to be included in the Investigations
portion of the USACE budget with dedicated amounts for PED that allow
projects to keep progressing. I would also ask the committee to
consider language that removes the PED requirement once a project is
authorized for construction. These changes would benefit the South
Platte River and Tributaries, Adams and Denver Counties, Colorado
Project in my district. The project became eligible for PED funding in
July 2019, but the project only recently received a portion of the
necessary PED funding to move forward in the Fiscal Year 2022 Omnibus
bill. The lack of funding caused delays and drove up costs for USACE
and the City and County of Denver. While this example impacts my
constituency, it is certainly not unique to my district. The simple
proposed modifications will ensure that projects, and the entities
responsible for planning and completing projects, can maintain progress
while avoiding unnecessary delays.
Continuing Authorities Program: The Continuing Authorities Program
(CAP) is incredibly helpful for local sponsors and stakeholders in my
district, like the Southern Platte Valley, Denver, CO Ecosystem
Restoration Study project. Allowing local sponsors to advance limited
projects without the need for project-specific congressional
authorization helps stakeholders quickly and efficiently complete
critical projects throughout the United States. I request the committee
increase the overall program limits, as well as the individual per
project federal limits. Increases to the CAP limits would help USACE
quickly allocate money from the Infrastructure, Investment, and Jobs
Act. Additionally, I ask that the committee require USACE to post to
the federal register the 10 pilot CAP projects for economically
disadvantaged areas as authorized in WRDA 2020.
Section 408 Permissions: Finally, I urge the committee to require
USACE to work with nonfederal sponsors to develop categorical
permissions for Section 408 permissions within 180 days of enactment of
WRDA 2022. Due to the lack of national categorical permissions for
Section 408, the use of categorical permissions has led to limited and
mixed results. Creating a set of national categorical permissions that
can be used across all USACE Districts will create much needed clarity
for local sponsors moving forward.
Thank you for taking the time to consider these requests in the
upcoming 2022 Water Resources Development Act. If you have any
questions please do not hesitate to reach out to my staffer, Nicholas
Anuzis.
Prepared Statement of Hon. Rosa L. DeLauro, a Representative in
Congress from the State of Connecticut
Thank you, Chairman DeFazio, Ranking Member Graves, Subcommittee
Chair Napolitano, Ranking Member Rouzer and all the members of the
Subcommittee on Water Resources and Environment for holding this
Members' Day hearing to examine some of our priorities for a new Water
Resources Development Act (WRDA) for 2022.
As we all know, WRDA is essential to everyday hardworking Americans
and vital to ensuring a robust economy. Nearly 80 percent of traded
goods move through our nation's ports, harbors, and inland waterways.
Projects for flood damage reduction help protect our rural and urban
communities from coastal storms and inland flooding, which benefits
millions of Americans. And ecosystem restoration projects restore and
maintain our natural resources. This important work, carried out by the
U.S. Army Corps of Engineers (Corps), is made possible through the work
enacting WRDA.
Since 2014, the House Committee on Transportation and
Infrastructure has crafted and passed WRDA on a bipartisan and biennial
basis. WRDA provides the Corps with the authority to address water
infrastructure needs to cities, agriculture, and industry--to aid in
the production of hydropower, to manage a national recreation program,
and to address local environmental infrastructure needs. This is key to
preserving our nation's economy, protecting our communities and
businesses, and maintaining our quality of life.
So, I am grateful today for the opportunity to highlight a few
projects that are of concern--including the reauthorization of the
Environmental Protection Agency's Long Island Sound Program--as the
committee works toward developing a new WRDA.
Having grown up on the shores of the Long Island Sound--it has
always held a special place in my heart. More than 120 species and six
states depend on the Sound for so many economic and environmental
reasons. It is a beautiful estuary and a national treasure, and to my
constituents--has long been considered our very own national park.
Every year, millions flock to it for recreational purposes--and it
provides a critical transportation corridor for goods and people. In
addition, the Sound continues to provide feeding, nesting, and nursery
areas for diverse animal and plant life. The ability of the Sound to
sustain this is dependent on the quality of its waters, habitats, and
living resources. So, I have long been a steadfast advocate for
safeguarding and restoring the water quality and the diverse habitats
of the Sound. Last authorized in WRDA 2018, the current authorization
period is 2019-2023. And since the next WRDA bill will not be until
2024, I want to ensure that the authorization carries over until the
next bill goes into effect.
As an additional part of our effort to address investments in
America's water infrastructure, I also urge the Subcommittee to
consider authorizing project studies for the Guilford Harbor and Sluice
Channel, the Branford Harbor and Stony Creek Channel Navigation
Project, and the Woodbridge Flood Risk Management.
The Town of Guilford's Marina (Guilford Harbor and Sluice Channel)
is an essential facility for Guilford's recreational and commercial
industries. The Marina in-water facilities consist of 111 floating
slips, 7 commercial docks, 14 river mornings, and a boat ramp. The
Marina also provides parking and access to a 1000-foot scenic overlook
and finishing areas. Maintaining appropriate depths of the access
channels to the Marina and East River are vital for its function.
As a result of the tidal flow and the natural silting of the
Entrance and Sluice Creek Channels--it is necessary to regularly dredge
these channels, the Marina Basin, and the East River Anchorage. This
silting process necessitates that we maintain a schedule to dredge
every 6 years. And the last dredging project was completed in 2015--
making this an urgent project to get done immediately.
The dredging of the Branford River and the Stony Creek Channel is
another vital project that needs attention. Currently, both the river
and channel suffer from extensive areas of shoaling, which is directly
affecting the public and businesses that rely on these natural
resources. The river and channel are important components of the
economic makeup of Branford and surrounding towns due to the numerous
commercial, public, and recreational interests and opportunities
available. There are approximately 2,000 vessels docked and moored on
the river and in Stony Creek. Branford Police and Fire Departments have
vessels on the river, which provide public safety, rescue, and fire
suppression to all boaters, commercial facilities, and several
inhabited islands along the coast of Branford.
And I must take this opportunity to mention the Woodbridge Floor
Risk Management Project. While Woodbridge's designated flood hazard
areas cover less than 6% of its area, these designations affect some
296 parcels within the Town. For landowners whose parcels lie within
the 100-year flood zone, mitigation measures can help significantly
reduce the risk of costly damage from a serious flood.
So, thank you again for the opportunity to speak today and
considering my requests to help ensure that these critical projects
receive the attention they deserve so that they can continue being
valuable resources for generations to come. Thank you.
Prepared Statement of Hon. Suzan K. DelBene, a Representative in
Congress from the State of Washington
Dear Chair DeFazio and Ranking Member Graves,
Thank you for the opportunity to share my priorities with you as
the committee works on the Water Resources and Development Act (WRDA)
of 2022.
As the Biden Administration is working tirelessly to get critical
resources from the Infrastructure Investment and Jobs Act out to our
communities, I have been meeting with our state, county, local, and
Tribal governments to share resources, understand their needs, and
promote cross-jurisdictional collaboration. From these conversations,
it has become clear that the number one infrastructure need in
Washington's 1st Congressional District right now is funding for water
infrastructure projects. While the bipartisan infrastructure law
includes tremendous resources for our communities, the unmet need is
simply too great and additional assistance is needed.
That's why I am requesting the committee include my environmental
infrastructure (EI) assistance request in the House's WRDA legislation.
Washington state is one of only six states that currently does not have
a single EI assistance authorization on the books, leaving our
communities at a disadvantage in receiving support from the United
States Army Corps of Engineers.
My office has identified nearly 50 projects in my district,
spanning across King, Snohomish, Whatcom, and Skagit counties, totaling
a need of nearly $500 million. These projects include the Nooksack
River Floodplain Restoration Project, which is a multi-phase, $200
million project that would help address the historic flooding recently
experienced in my district, including by creating over 1100 acres of
floodplain habitat by purchasing land and relocating Everson's
Wastewater Treatment Plant. Between Whatcom and Skagit counties, there
was over $100M worth of damage to public and private infrastructure and
allowing communities in these counties to access EI assistance will be
critical to preventing future damage.
The Snohomish County Government has significant water
infrastructure needs as well, totaling more than $83 million, including
a $60 million request for a 335-acre tidal restoration project that
would also relocate an aging and flood vulnerable critical water supply
pipeline. Furthermore, many of the smaller, more rural cities and towns
in these four counties would benefit from the Corps' expertise in
carrying out their water infrastructure projects. The Town of
Darrington's $2 million water supply upgrades project to remove
asbestos piping and the Town of Skykomish's $1.9 million Old Cascade
Highway Drainage Project that will help alleviate property/home
flooding are two such examples of projects that could benefit if this
new EI authority was granted.
Our larger cities also require additional assistance to accommodate
the growing population in the region. For example, the City of Redmond
has a $6 million project to extend sanitary sewer mains into a
neighborhood with aging and failing septic systems as a way to improve
water quality in streams that drain to the Sammamish River.
Thank you again for the opportunity to share my priorities for WRDA
2022 with you, and I hope the committee will give strong consideration
to my EI assistance authorization request. My staff and I would be more
than happy to provide any additional information the Committee requires
about the items discussed above.
Prepared Statement of Hon. Veronica Escobar, a Representative in
Congress from the State of Texas
Thank you, Chairwoman Napolitano and Ranking Member Rouzer:
As you continue to gather feedback from members while crafting the
Water Resources Development Act (WRDA) of 2022, I respectfully ask for
your consideration to include a study I have requested that would focus
on the environmental impacts of reducing congestion by using light rail
at land ports of entry over bodies of water.
The district I represent includes El Paso, Texas, which is a
vibrant community in the middle of the Chihuahuan desert, situated in
the westernmost part of the state. It not only has beautiful mountain
ranges like the Franklin Mountains, a great source of pride for El
Pasoans, but it is also a dynamic border community that shares its air,
water, and people with the city of Ciudad Juarez, Mexico.
Additionally, El Paso is the largest metropolitan area along the
U.S. Mexico Border with several ports of entry that facilitate the
daily passage of thousands of vehicles, pedestrians, and millions of
dollars in trade for the United States annually.
The infrastructure at these ports is outdated which continues to
cause a substantial amount of congestion and alarming levels of air
pollution. Most recently, The Environmental Protection Agency (EPA)
designated El Paso as a nonattainment zone due to the high levels of
emissions that are partially caused by the wait times at our ports of
entry.
El Paso was once the leader in commuter rail that operated in both
El Paso and Ciudad Juarez, Mexico. Rail has been one of the major
economic drivers in El Paso's economic growth. By 1974, which was the
last year the El Paso-Juarez international rail system was running,
11,000 people were riding the rail daily.
Having an international rail system allowed people from both
countries to commute back and forth and support each other's local
economy. It was also a more environmentally friendly way of commuting
from one city to another.
Furthermore, my district is currently facing the challenges of
congestion at our ports of entry and extreme levels of greenhouse gas
emissions that continue to cause many health risks for a community that
is economically disadvantaged and continues to have the highest
uninsured rates in Texas.
By conducting a study of the environmental impacts of reducing
congestion by using light rail at land ports of entry over bodies of
water, we would be able to discover options on how to relocate or
minimize congestion in the El Paso region and other communities with
this issue.
Addressing this environmental dilemma highlights the importance of
having an international transportation option like light rail readily
available in communities like mine to ensure economic development,
decrease wait times, alleviate much of the congestion we are seeing
today, support job creation, and improve the safety and security for
all who cross our border.
El Paso has been able to benefit from past WRDA legislation and
maintains a close and vital relationship with the Army Corps of
Engineers. Reauthorizing WRDA provides communities across the country
the opportunity to continue to improve and implement critical projects.
Thank you for the opportunity to testify before you today and for
your consideration of this important study request.
Prepared Statement of Hon. Russ Fulcher, a Representative in Congress
from the State of Idaho
Dear Chairman DeFazio, Chairwoman Napolitano, Ranking Member
Graves, Ranking Member Rouzer,
Thank you for the opportunity to provide testimony regarding the
Water Resources Development Act of 2022. As you may know, federal
forest management continues to be a challenge for local communities,
States, and Tribes, but there are bright spots like the Good Neighbor
Authority. Already in law, the Good Neighbor Authority allows States to
partner with stakeholders to ensure sound forest management. I am
excited that we have the opportunity now to extend this authority, in a
pilot program, to the Army Corps of Engineers for the Walla Walla
District to partner with the State of Idaho to help manage timber
around the Dworshak Project in Orofino, Idaho. This commonsense
arrangement will ensure that the Army Corps can stay focused on the
Dworshak Project and highlight a partnership with the State of Idaho
that benefits the community and our federal partners.
In addition to this new opportunity for the Army Corps, I am
committed to ensuring that the Lower Four Snake River Dams (LSRD)
continue their vital mission to provide reliable, clean, and renewable
energy to the people of the Northwest. As you may know, last summer,
there was peak power demand in the Northwest, and without the LSRD, the
situation may have been made worse. Your support of the navigation and
power requirements of these dams are vital to the future of power
generation in the Northwest.
Given the mission of the dams, I also support efforts to maintain
proper dredging for turning basins and access channels, a key priority
for the Snake River managed by the Army Corps. Maintenance of the Snake
River between Lewiston, Idaho, and Clarkston, Washington is critical to
support safe and efficient navigation. The Snake River is a vital pass-
through for wheat exports, especially as global instability continues
to destabilize food networks across the World.
Finally, as our Nation continues to face unprecedented challenges,
I am thankful for the bipartisan efforts to ensure that the Water
Resources Development Act of 2022 builds on what makes our country
strong and recognizes the continued need to maintain the natural
resources bestowed upon us.
Prepared Statement of Hon. Andrew R. Garbarino, a Representative in
Congress from the State of New York
Dear Chairman DeFazio, Ranking Member Graves, Chairwoman Napolitano
& Ranking Member Rouzer:
I want to thank you and all members of the House Transportation and
Infrastructure Committee for your work and attention to the needs of
individual districts as they relate to the Water Resources Development
Act (WRDA) of 2022. I hope that this written testimony provides a
better understanding to the study requests I have submitted for the
committee's consideration for inclusion in WRDA.
As you are all aware, New York's 2nd Congressional District on Long
Island encompasses a large section of the south shore of the Great
South Bay. Since joining Congress, I have been in constant contact with
U.S. Army Corps of Engineers officials and project managers who are
working tirelessly to ensure Long Island's south shore is maintained,
protected, and prepared to withstand continuous seashore erosion and
the effects of seasonal costal storms and hurricanes.
Within the submission timeframe my staff and I were able to submit
three requests to be considered for the WRDA of 2022. My submissions
are as follows, in no particular order:
1) An Army Corps of Engineers study of the replacement and
reconstruction of the bulkhead system at John J. Burns Park of
Oyster Bay, New York
The Town of Oyster Bay has experienced significant flooding around
Burns Park. To address these flood risks, the town is interested in
pursuing the proper process to have the Army Corps of Engineers to
consider the replacement and reconstruction of the bulkhead system
along the western and southern property boundary of John J. Burns Park.
The study and consideration of the project would potentially lead to
the replacement of the bulkhead, tieback capping and safety railing
system, along with other site restoration. This study request is to
determine if such a project would provide significant impact to the
shoreline's resilience to future climate change and hurricane and flood
risk management.
2) An Army Corps of Engineers study of the replacement and
reconstruction of the bulkhead system at the Joseph J. Saladino
Memorial Marina of Oyster Bay, New York
The Town of Oyster Bay, to mitigate any future hurricane and storm
damage, seeks the replacement and reconstruction of the bulkhead system
of the Joseph J. Saladino Memorial Marina. The study would determine if
the replacement of the bulkhead, tieback capping, restoration of
utilities to existing floating docks and further site restoration would
positively impact shoreline resilience and hurricane and major storm
risk reduction.
3) Study by the Army Corps of Engineers to determine the viability and
eligibility of designating the Connetquot River and Greene's
Creek in the Town of Islip of Suffolk County, New York as
federal navigable waterways eligible for dredging project.
Currently, the Connetquot River is recognized by the State of New
York as a Wild, Scenic and Recreational River. I have many constituents
who use the river and creek for recreational purposes to access the
Great South Bay. Many of those constituents have shared their concerns
about the navigability of the waterways. This study request is for the
Army Corps of Engineers to determine the best course of action for the
health and safety of the river and creek's water environment and to
better manage the mineral build up that prevents safe and accessible
navigation of the area.
In closing, I thank you for your time and consideration of my
priorities for WRDA to improve the economic outlook and shoreline
resilience of my district. As always, I look forward to working with
the U.S. Army Corps of Engineers in the years to come to ensure Long
Island's south shore is ready to face the challenges brought by climate
change and unpredictable storms and flooding that so often plagues my
shoreline communities.
Prepared Statement of Hon. Raul M. Grijalva, a Representative in
Congress from the State of Arizona
Thank you for your long-standing commitment to improving
transportation and infrastructure of our nation, and your work on the
reauthorization of WRDA.
International Outfall Interceptor
The International Outfall Interceptor (IOI) is the infrastructure
that transports wastewater from Sonora, Mexico and Arizona to the
Nogales International Wastewater Treatment Plant. The IOI pipeline
covers approximately 8.5 miles. Under a 1944 water utilization treaty,
Mexico can treat water in the United States. The International Border
and Water Commission (IBWC) is tasked with managing international
infrastructure negotiations and operates the Nogales International
Sanitation Project.
On average, 92% of the water treated daily at the Nogales
International Wastewater Treatment Plant is from Mexico and 8% from the
surrounding community. Unfortunately, due to damage and aging
infrastructure, the IOI needs costly and urgent repairs. Wastewater
constantly emerges from the IOI and pollutes surrounding rivers and
streams. Rains carry the polluted stormwater into Nogales, Arizona and
exposes downstream populations to extraordinary public health risk.
In 2017, the Governor of Arizona declared the Disaster Declaration
process for the State of Arizona to secure immediate federal assistance
to remedy and prevent raw sewage exposure to Arizona residents. Every
year during the monsoon season the health of residents along the
Arizona southern border are put at risk, due to this ongoing issue.
While Arizona residents are very familiar with this issue, other
communities along the United States-Mexico border experience similar
health risks due to similar issues. In July 2021, the IBWC awarded an
$13.8 million contract to begin the first three phases of a five-stage
repair process. A groundbreaking for the repairs occurred in January
2022.
I appreciate the Chairs past support to address the issues
surrounding IOI and ask that you use this vehicle to include provisions
to settle the last remaining items of the longstanding IOI pipeline
issues. I encourage you to work with my office and the IBWC to include
authorization and full funding to continue repairs and clarify that the
IBWC is responsible for future maintenance of the IOI to prevent raw
sewage from spilling into waterways. It is my understanding that the
IBWC is now prepared to accept this role, provided they are authorized
and allocated the funding necessary. After years of neglecting much-
needed repairs, repairs have begun, and we now have the opportunity to
settle the maintenance issue once and for all.
There is clear precedent for this language to be included in WRDA.
The project was originally authorized for $11,100,000 by WRDA 1990,
Section 101(a)(4), Public Law 101-640. The project was again authorized
for $25,410,000 by WRDA 2007, Section 3008. Recently, S. 2848, WRDA,
included Section 8008 International Outfall Interceptor Repair,
Operations and Maintenance.
We should not leave a city in the United States susceptible to the
risk of raw sewage spills, especially when preventative rehabilitation
improvements have already started. I greatly appreciate you and your
staff's past support of inclusion of the IOI and encourage you to once
again work to provide a final remedy for this situation.
Thank you for your leadership, and consideration. My staff and I
stand ready to work with you to ensure these items are included.
Prepared Statement of Hon. Josh Harder, a Representative in Congress
from the State of California
I want to thank the Committee for the opportunity to participate in
today's Water Resources Development Act (WRDA) Member Day hearing. I
write to respectfully urge the Committee to approve much-needed funding
for California's Central Valley in this year's WRDA.
Specifically, I am requesting the Committee to approve an
environmental infrastructure authority authorizing $200M in spending
over a lifetime for the region. Let me explain why this funding is
desperately needed. My region--composed of Stanislaus and San Joaquin
counties--is one of the most agriculturally rich areas of the world,
but is also home to some of the poorest communities in our country.
It's faced years of reduced federal investment compared to other parts
of our state--for example, over the last twelve years, the Bay Area
received nearly double the federal funding from competitive Department
of Transportation grants as the Central Valley. This environmental
infrastructure authority will begin to correct this funding disparity
and support our local economy.
This authority would improve water infrastructure for many Black
and Latino communities lacking the most basic features of a safe,
healthy, sustainable neighborhood--potable drinking water, sewer
systems, safe housing, public transportation, parks, sidewalks, and
streetlights. To capture the scope of the issue, in Stanislaus County
alone, $50 million in American Rescue Plan funding is being used to
connect some of these unincorporated areas, but there is still an
estimated $400 million needed to install sewer mainlines, potable water
systems and storm drainage for just these areas--that doesn't even
include the backlog of maintenance and upgrades for the rest of the
county.
In addition to this lack of basic water infrastructure, the Central
Valley is experiencing the worst megadrought in 1,200 years. This
drought has caused water supply to be rationed--with many farmers
fallowing farms that have been in their families for generations. The
economic impact and ripple effects of this drought in the Valley are
estimated at $1.7 billion in gross revenue losses, almost 15,000 full
and part time jobs, and nearly $1.1 billion in lost value added that
could have been expected. By targeting federal investment to the
Central Valley, we can mitigate the impact of future droughts on our
nation's food supply and ensure that investment flows to the areas that
need it most--rather than other areas in California.
I urge the Committee to include this new environmental
infrastructure authority for Stanislaus and San Joaquin Counties in
this year's WRDA bill, and thank you again for the opportunity to talk
about this important issue.
Prepared Statement of Hon. Eddie Bernice Johnson, a Representative in
Congress from the State of Texas
Thank you, Chairwoman Napolitano for holding today's hearing to
receive testimony from Members on the critical water infrastructure
needs of their communities and state.
I want to bring an important water resource project in my district
to the committee's attention. The White Rock Lake is a 1,015-acre city
lake located just outside of Dallas. The lake is one of the most
heavily used parks in the Dallas Park system and is home to the Dallas
Arboretum, the White Rock Lake Museum, the Bath House Cultural Center,
a large boat ramp and fishing pier, over 9 miles of hiking and biking
trails, a dog park, picnic area, and pavilions.
White Rock Lake has experienced an accumulation of sediment since
it was last dredged in 1998, reducing the capacity of the lake, with
reductions in its water quality and recreational use. As one of the
city's most heavily used parks, the health of White Rock Lake is of
interest to the entire Dallas community. Lake user groups and
individuals have been petitioning the city to perform another dredge
over the last few years, with the pandemic increasing the already heavy
use of White Rock Lake, adding urgency to the need to dredge the lake.
The goals of the White Rock Lake dredging project is to restore the
depth of the lake to enhance watersport recreation, remove sediment
from the shoreline to improve maintenance, and improve water quality to
minimize negative impacts to aquatic habitat and other environmentally
sensitive areas.
Most of the projects we'll hear about today could not be completed
without the hard work of the Corp of Engineers, and I want to thank the
staff of the North Texas Army Corps office. We've collaborated on
projects that have greatly benefited North Texas and the nation, and I
encourage my colleagues to continue to support the Army Corps important
work.
I want to again thank you, Madam Chair, for holding today's
hearing. I am pleased that our subcommittee continues to work to
improve the quality of our waterways for all our constituents.
Prepared Statement of Hon. Mondaire Jones, a Representative in Congress
from the State of New York
Thank you, Chairman DeFazio, Ranking Member Graves, and members of
the Transportation and Infrastructure Committee for the opportunity to
express my strong support for U.S. Army Corps of Engineers projects and
policy in the Water Resources Development Act of 2022 that will help
protect the lives and livelihoods of Rockland and Westchester County
residents.
Last summer, communities in my district were devastated by
Hurricane Ida. Six Westchester County residents tragically lost their
lives and countless homes and businesses were destroyed by flooding. In
fact, the flooding was so severe that outdated models considered
Hurricane Ida a once-every-300-years event. But anyone paying attention
knows that extreme weather events like Hurricane Ida are not happening
once every 300 years. These disasters are happening year after year.
Rye Brook residents Ken and Fran Bailie were two of my constituents
killed by Hurricane Ida. They were on their way home from Iona College,
where they worked as brilliant and committed computer science
professors, when their car was overwhelmed by rushing water that
overflowed from the Blind Brook.
The Blind Brook is a consistent source of flooding during heavy
rain events--regularly filling basements in the many homes, businesses,
community centers, and schools that sit in the floodplain. In 2019,
municipalities affected by the flooding requested that the Army Corps
conduct a watershed study of the area. The Army Corps has completed all
preliminary work, but the feasibility study has not yet begun.
As the committee begins consideration of the Water Resources
Development Act of 2022, I request that you include language directing
the Army Corps to expedite this project before flooding from the Blind
Brook claims any more lives in our community.
Additionally, I am requesting the scope of the study be expanded to
address the frequency and severity of weather events caused by climate
change. Currently, the Army Corps is authorized to study the Blind
Brook's 100-year floodplain. This scope is insufficient to understand
the full impact of storms like Hurricane Ida. The scope of the Blind
Brook Watershed Study must be expanded to understand the impacts of
future storms in the full Hurricane Ida-affected floodplain. Without
this change, any analysis conducted by the Army Corps will be
incomplete.
I am also calling on the committee to include a policy change in
the 2022 Water Resources Development Act that will allow the Army Corps
to more comprehensively study the effects of climate change on
watersheds. I am requesting the scope of Watershed Studies be expanded
to include sea level rise, coastal storm damage reduction, and erosion
and shore protection so that the impact of sea level rise and coastal
hazards can be adequately considered in relevant Watershed Studies.
The Hudson River is a scenic, ecologically rich centerpiece of
economic and recreational life in many Rockland and Westchester County
communities. But the effects of climate change also mean that our
rivertowns can expect increased flooding, watershed damage, and erosion
in the coming years. These communities are in need of significant
resources for resiliency and flood mitigation--needs that can be better
understood and addressed with the assistance of the U.S. Army Corps.
Expanding the scope of watershed studies to include sea level rise
and coastal hazards will help communities along the Hudson River and
communities along tidal rivers across the country address the realities
of the climate crisis.
I thank the committee for its efforts to understand Member
priorities in this process and its consideration of these requests,
along with the others I have submitted, for inclusion in the 2022 Water
Resources Development Act.
Prepared Statement of Hon. Marcy Kaptur, a Representative in Congress
from the State of Ohio
Thank you Chairwoman Napolitano, Ranking Member Rouzer, and your
staffs for the hard work you have put in to developing the Water
Resources Development Act of 2022 (WRDA). On a bipartisan basis, your
Committee has now completed work on four consecutive WRDAs since 2014--
advancing significant progress to meet our nation's needs.
The Committee's authorization of new U.S. Army Corps of Engineers
projects, studies, and policies supports local, regional, and national
priorities that have a lasting impact. As Chair of the Appropriations
Subcommittee that oversees the Corps' budget, it is an honor to partner
with you in this mission.
I appreciate the opportunity to discuss with you here today the
important issues facing the Great Lakes communities that I represent.
The bipartisan Infrastructure Investment and Jobs Act that Congress
passed last year contains funding for an array of projects that we have
worked on together for many years.
Within this legislation was $17.1 billion for Corps initiatives--
including $516.2 million for the Soo Locks project and $225.8 million
for the Brandon Road Lock and Dam project.
The critical role that Great Lakes waterways play in sustaining and
advancing America's economic vitality cannot be overstated. As Chair of
the Energy and Water Subcommittee, it has been my top priority to
secure the federal resources that ensure the navigability and
preservation of the Great Lakes for generations to come. The Soo Locks,
located on the St. Marys River in Sault Ste. Marie, Michigan, are a
vital system of water locks that facilitate maritime shipping between
Lake Superior and the four other Great Lakes and the St. Lawrence
Seaway. Approximately 80 million tons of cargo--valued at nearly $6
billion--pass through the Soo Locks each year.
The Brandon Road Lock and Dam, located on the Des Plaines River
near Joliet, Illinois, is a central connection point through which
invasive Carp species frequently move between the Illinois Waterway
system into Lake Michigan and the four other Great Lakes, severely
harming native fish species. The $225.8 million from the Infrastructure
Investment and Jobs Act will fund the construction and deployment of
state-of-the-art technologies and innovative programs that interrupt
the movement--protecting the Great Lakes' $7 billion fishing and $16
billion recreational boating industries.
I would also like to thank the Committee for its continued focus on
another ecological problem that we face in the Great Lakes region:
harmful algal blooms (HABs). The expertise of Corps scientists and
engineers is invaluable in the fight against the devastation wrought by
HABs. The Corps provides resource management, water flow design, and
engineering solutions for HAB prevention, mitigation, and control. I
urge the Committee to continue supporting the ongoing work of the Corps
for testing HAB controls and encouraging continued interagency
cooperation.
Finally, I ask that the Committee consider my request--which I
submitted along with my friend and colleague whose district also
stretches along Lake Erie, Congressman David Joyce--to allow for
increases to the Corps' Continuing Authorities Program federal
expenditure limits to keep up with inflation. It is important that the
Corps has the funds and flexibility to implement these necessary
programs.
Thank you again for your dedication to pursuing another WRDA on a
bipartisan basis.
Prepared Statement of Hon. Brenda L. Lawrence, a Representative in
Congress from the State of Michigan
Chairman DeFazio, Ranking Member Graves, and members of the
Committee, thank you for the opportunity to testify today regarding
critical issues facing my constituents in Michigan's 14th Congressional
District.
As you all know too well, across the country, our water
infrastructure is failing. Too many communities are dealing with the
reality of decades of underinvestment in our infrastructure. My
constituents have been paying the price for that failure for too many
years.
Last summer, heavy rainfall across Southeast Michigan demonstrated
how our deteriorating infrastructure is failing Michiganders.
In my district, residents in the Metro Detroit region faced the
brunt of this rainfall, which flooded their basements, overran their
cars, and left them without power for weeks.
In this year's Water Resources Development Act, it is critical to
my constituents that we address flood control mitigation efforts.
A comprehensive study by the Army Corps of Engineers would help the
Great Lakes Water Authority mitigate the risk of basement and surface
flooding following similar examples of intense rain.
Forecasted increases in rainfall intensity due to climate change
have demonstrated that a long-term flood mitigation plan is necessary
for the residents and businesses within Great Lake Water Authority's
service area in Southeast Michigan, which includes 2.8 million people--
approximately 30 percent of the state's entire population.
In my district, two projects will greatly benefit from the
assistance of the Army Corps.
Just north of Detroit, along the shores of Lake St. Clair, an aging
sea wall is in desperate need of repairs to prevent flooding of a
critical roadway. The impacted communities, Grosse Pointe Shores and
Grosse Pointe Farms, have spent years engaging with key stakeholders
and seeking assistance from state and federal agencies.
A feasibility study by the Army Corps could help assess the
potential for a naturalization of the lakeshore to replace the obsolete
concrete barrier. Not only would this naturalization protect the local
water supply, sewers, and roadways from flooding, it would also address
a serious safety concern due to debris from the concrete wall.
Naturalizing the Lake St. Claire shoreline would also increase
biodiversity and improve a valuable fishing resource, supporting
findings by the U.S. Fish and Wildlife Service in November 2021.
My requests also include a feasibility study for the City of
Detroit, where the Jefferson Chalmers and Jefferson Village
neighborhoods on the Lower East Side are also dealing with severe
flooding.
During a 2019 flood event, high water levels in the Detroit River
flooded more than 300 homes in the Lower East Side, and 7 billion
gallons of river water entered sewerage and water treatment systems.
This additional load caused increased discharges of untreated water
into the Detroit River, violating water quality requirements, and
putting the whole wastewater system for Southeast Michigan at risk of
failure.
A feasibility study for the City of Detroit would allow for long-
term mitigation measures to address flooding.
Chairman DeFazio and Ranking Member Graves, I would like to thank
you and the members of the Committee once more for your tireless work
on this legislation, and thank you for the opportunity to address the
critical needs of my district.
Prepared Statement of Hon. Doris O. Matsui, a Representative in
Congress from the State of California
Thank you, Mr. Chairman, for the opportunity to come before the
Committee and lay out my key priorities for the Water Resources
Development Act (WRDA) of 2022.
As the Representative of Sacramento, California, WRDA is uniquely
meaningful to me and to my constituents, who live in the second most
flood-prone city in the country, after New Orleans.
We need to thoughtfully prioritize projects that consider the long-
term consequences of climate change . . . the catastrophic flooding we
have seen across the country in just the last year is telling and I
fear that severe flooding will no longer be 100 or even 500-year
events, but a new norm for my constituents. I want to thank the
Committee for including the Yolo Bypass Study in WRDA 2020 and for
supporting many of the flood control projects in the Sacramento region.
In this regard, I want to highlight the phenomenal work of the non-
federal sponsor in my district--the Sacramento Area Flood Control
Agency. SAFCA is an incredibly sophisticated and proactive partner that
has been working hand in hand with the Army Corps of Engineers--getting
several projects in my district started ahead of schedule and on
budget. In this regard, SAFCA has received approval for nearly $100
million in cost sharing credits for its excess cost-sharing
contributions that WRDA authority allows to be transferred to another
SAFCA project. However, the authority to transfer credits is set to
expire in 2024.
This year, my most pressing request is to extend the authority
provided in Section 1020 of the WRRDA 2014, and I have submitted draft
legislation to remove the current legislative sunset in making the
authority permanent. We must allow our non-federal sponsors to utilize
these credits.
The Corps has approved transferring excess credit generated by
implementation of components of the American River Watershed Common
Features Natomas Basin (ARCF Natomas) Project for use against non-
Federal Sponsor cost-share for American River Watershed Common Features
2016 Project (ARCF 2016). Both projects are scheduled to continue
construction well past 2024. Additionally, the Corps continues to ask
the non-Federal Sponsors to advance some components of the work in ARCF
Natomas, creating additional excess credits and this will extend past
the 2024 deadline.
Certainty in this will be critical in flood control planning not
only for my constituents but potentially for non-federal project
sponsors elsewhere.
For 15 years, I have worked tirelessly with dedicated stakeholders
in my district to make the Sacramento region as safe as possible for
all residents.
WRDA 2022 represents a tremendous opportunity to move forward and
achieve even greater strides . . . through responsible and resilient
flood control projects and forward-looking ideas for America's water
infrastructure.
Thank you for your time and consideration.
Prepared Statement of Hon. James P. McGovern, a Representative in
Congress from the Commonwealth of Massachusetts
Chairman DeFazio, Ranking Member Graves, and Members of the
Transportation & Infrastructure Committee: thank you for providing this
opportunity for input as you craft the 2022 Water Resources Development
Act. I want to thank the Committee for the effort that you have all
undertaken to make this Congress a historic one for infrastructure
investments. This year's WRDA has the potential to build significantly
on the Bipartisan Infrastructure Law to ensure that one of our most
precious natural resources receives the investments and attention it
deserves.
I would like to focus my testimony today on the potential to shape
this year's WRDA around our broader interest in ensuring resilience for
our rivers and the ecosystems they sustain. When people think of the
Army Corps' inland work, they often think of projects along some of our
country's largest rivers, and rightly so. But the Army Corps also has
an important role to play in the stewardship of smaller watersheds,
such as those in the Northeast. Through the work of the Army Corps of
Engineers, Congress has an opportunity to better understand, and adapt
to, the effects of climate change on watersheds.
With that in mind, I would like to highlight three critical rivers
in the Second District of Massachusetts, where the Army Corps could
explore opportunities for whole-of-watershed approaches to ecosystem
restoration and climate resilience.
The Connecticut River flows through the heart of New England, from
its headwaters in New Hampshire, through Vermont, Massachusetts, and
Connecticut. The watershed is home to historic communities and some of
the most productive farmland in the Northeast. The Army Corps has
conducted two studies on the causes, impacts, and types of projects to
mitigate widespread and ongoing streambank erosion on the Connecticut
River in New Hampshire, Vermont, and Massachusetts, one in 1979 and
another in 1991. Erosion continues to be a significant issue, leading
to loss of prime farmland; dangerous, steep, and crumbling riverbanks;
and habitat loss. Erosion conditions have worsened due to severe storm
events caused by climate change and by increased use of the river for
hydroelectric generation. An updated study of streambank erosion and
the impact of hydroelectric facilities on the Connecticut River would
be extremely valuable for preventing further riparian habitat
degradation, and the Army Corps could leverage existing data from
previous studies.
The Blackstone River played an essential role in our nation's
history: it powered the birth of the Industrial Revolution in America.
This history of intense use and increased development along the river,
however, have led to significant loss of floodplain wetlands, which
significantly constrains overall ecological health of the watershed. To
identify the location of historic wetlands with restoration potential,
the Army Corps studied the main stem of the Blackstone River in 1994,
and an updated study could dramatically enhance ecosystem restoration
efforts.
The Blackstone River Valley could also benefit from an Army Corps
study of water supply and flow. With climate change driving more
frequent and extreme drought and altered hydrology, urbanization
increasing population, and new hydropower planned for the Blackstone
region, ensuring the amount, rate, quality, and timing of water for
designated uses is critical. A study could identify current and
potential flow-degraded areas under future climate stress, with the
goal of developing a watershed-wide management strategy.
In the northwest portion of my district, the Deerfield River is a
natural treasure, main tributary of the Connecticut, and prime example
of a river at risk of climate-related impacts. The watershed sustained
major flood damage and ecosystem impacts from Tropical Storm Irene in
2011. Major roads and primary evacuation routes were blown out. Other
roads, culverts and bridges were washed away, leaving residents
stranded for days, and wastewater treatment plants were inundated and
forced off-line. With climate change increasing the frequency,
magnitude, duration and intensity of hurricanes, tropical storms and
rain events, this flood and ecosystem damage will only increase, and
the costs post-disaster continue to escalate. An Army Corps feasibility
study could identify cost-effective and sustainable flood mitigation,
infrastructure damage reduction, and ecosystem restoration projects.
Finally, I would like to briefly mention a smaller project that is
just one of many examples around my district of opportunities for the
Army Corps to have a significant and near-term impact on local
ecosystem restoration. In my hometown of Worcester, Salisbury Pond is a
13-acre body of water amid a densely populated urban environment.
Located within a public park, the pond has high recreational and
ecological value, but upstream development and urban runoff has
severely degraded water quality and wildlife habitat. The Army Corps
could assist with efforts to remove excess sedimentation through
dredging and help design best management practices going forward.
In closing, I wish to again express my appreciation for the
opportunity to testify, as well as your commitment to addressing the
climate crisis through our legislative efforts. Rivers quite literally
sustain our communities, and the need for proper stewardship will only
increase in the years ahead. Thank you.
Letter of March 7, 2022, from Hon. Alexandria Ocasio-Cortez, a
Representative in Congress from the State of New York, to Colonel
Matthew W. Luzzatto, Commander and District Engineer, U.S. Army Corps
of Engineers, Submitted for the Record by Hon. Alexandria Ocasio-Cortez
March 7, 2022.
COL Matthew W. Luzzatto,
Commander and District Engineer,
U.S. Army Corps of Engineers.
Re: Submission Requests for the Water Resources Development Act of
2022
Dear COL Matthew W. Luzzatto,
I write to you regarding the Water Resources Development Act of
2022 (WRDA), wherein Members of the House of Representatives had the
opportunity to submit policy, project and environmental infrastructure
requests to the House Committee on Transportation and Infrastructure.
As the representative for coastal communities such as City Island,
Throggs Neck, College Point, and many others, the WRDA 2022 bill has
the potential to make strides in our efforts to remove polluting debris
in our waterways, treat wastewater, address sewage overflow, mitigate
flooding, and restore environmental degradation in my district. Below I
outline my project, study and environmental infrastructure requests in
hopes that the USACE district office, in collaboration with USACE
headquarters and the Transportation and Infrastructure Subcommittee on
Water Resources and Environment, will advance them.
My project and study requests include:
Removal of derelict barges from the waters of Eastchester
Bay and Flushing Bay
Reauthorization of the New York Harbor Collection and
Removal of Drift, Section 91 of WRDA 1974, and deauthorized by section
6001 of WRDA 2014--The reauthorization of this language will reinstate
USACE authority to proactively assess our request for the removal and
disposal of barges across Eastchester Bay and Flushing Bay.
Turtle Cove: Sediment Placement, Waterward Expansion--In
Pelham Bay, along Eastchester Bay at the mouth of the Hutchinson River,
Turtle Cove is the location of an important coastal marsh restoration
opportunity. Marsh erosion, exacerbated by sea level rise, threatens
the health of this vibrant ecosystem. Restoration here could include
creation of a living shoreline that builds out recently lost salt marsh
and expands nursery habitat for fish, structure for oyster and other
shellfish, and substrate for salt marsh grasses that help improve water
quality, support foraging water birds, and help absorb coastal wave
energy.
Expand use of Forecast-informed reservoir operations
(FIRO) beyond the west coast--This concept has been piloted by many,
including the U.S. Army Corps of Engineers (USACE) Pacific Division,
and should be adopted and expanded across all of USACE. The USACE pilot
has enabled its operators to better optimize water resources at Lake
Mendocino in Northern California. A multi-agency report issued on
February 4, 2021 describes how these forecasting tools helped operators
increase the lake's dry season storage for drinking water, improved its
ability to alleviate flood risk, and enhanced environmental conditions
in the downstream Russian River to support salmonid species.
Ecosystem restoration investigations--Include tidal
flooding due to projected sea level rise analyses to demonstrate how
tidal flooding could impact ecosystems over time and to inform design
that can provide long-term resiliency benefits.
Coastal storm risk management studies--(1) Include tidal
flooding due to projected sea level rise analyses to inform the
development of alternatives that produce coastal surge benefits while
also addressing tidal flooding impacts (2) Require sensitivity analyses
using local scientifically peer-reviewed sea level rise projections,
where applicable.
Additionally, I would also like to express support for the
following shared member project, study, and policy initiatives:
Hutchinson River Basin Feasibility Study and Southern
Westchester Saw Mill River Stormwater Management Feasibility Study
(Congressman Bowman NY-16)
New York-New Jersey Harbor Deepening Channel Improvements
(submitted jointly with Rep. Espaillat, Tonko, Nadler, Jones and
Senator Schumer)
New York New Jersey Watershed Protection Act (H.R. 4677)
Environmental Justice Provisions (Congressman Cohen TN-
09)
Watershed Study Coastal Hazards Amendment 33 U.S.C.
Sec. 2267a (Congressman Jones NY-17)
Finally, I would appreciate USACE Regional Office's support for the
environmental infrastructure requests outlined below:
LaGuardia Airport Wetlands + Oyster Reefs--this project
is aimed at providing habitat restoration and marsh expansion along the
airport's edge, a dramatic increase in marsh area and creation of
seagrass beds, along with new upland habitat, provides pollution
abatement benefits and storm surge mitigation. Oyster reef
reintroduction along LGA's shoreline and marsh expansion is aimed at
restoring oysters to the waterways all around the airport and providing
shoreline erosion protection for the entire upper East River. Oysters
provide habitat for fish and waterfowl, buffered waterfronts from wind
and wave impacts, and clean water--by filtering up to 50 gallons of
water a day--the entire Harbor. Oyster reef creation can start to
recreate some of these ecosystem services for Flushing Bay, which is
already home to one of the largest assemblages of native oysters in the
city. Partnering with Riverkeeper and the Billion Oyster Project, and
staged at the new Queens Water Exploration Center, LaGuardia's oyster
reefs could fuel an environmental transformation of the entire Upper
East River.
Queens, New York--amendment to Section 219 of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113
Stat. 334; 113 Stat. 1494; 114 Stat. 2763A-219; 119 Stat. 2255).
Partnering with New York DEP and Congresswoman Meng, this project will
provide stormwater management and improvements to combined sewer
overflows can reduce the risk of flood impacts in Queens, New York.
Wastewater Treatment Infrastructure and Management
Authorities--amending H.R. 3563 (WRDA 1996) Sec. 552 NEW YORK CITY
WATERSHED and the Bronx River watershed--H.R. 3563 (WRDA 1996) Sec.
503. ``Watershed Management, Restoration, and Development'' subsection
(b) SPECIFIC MEASURES. To include the remediation, construction,
repair, maintenance or replacement of stormwater and wastewater
treatment systems in the authority of the US Army Corps of Engineers.
+ Specifically, Amend H.R. 3563 (WRDA 1996) Sec. 552 NEW YORK
CITY WATERSHED--by adding the following: `` . . . and the construction,
repair, maintenance or replacement of stormwater and wastewater
treatment systems. The US Army Corps of Engineers shall, to the
greatest extent possible, support infrastructure upgrades, stormwater
management, and sewage contamination in waterways for combined sewer
systems and stand-alone sewage plants. Where necessary, the Chief of
Engineers shall work with the Administrator of the Environmental
Protection Agency to assess feasibility of improvements and coordinate
wastewater infrastructure upgrades. Any recommendations or authorized
work related to wastewater treatment shall, to the greatest extent
possible, incorporate site and neighborhood-specific contexts, leverage
green infrastructure, and promote environmental resilience for all
species and natural systems.''
+ Related to the Bronx River watershed--amend H.R. 3563 (WRDA
1996) Sec. 503.``Watershed Management, Restoration, and Development''
subsection (b) SPECIFIC MEASURES by adding: ``(6) Remediation,
construction, maintenance, and repair of stormwater and wastewater
treatment systems, in a manner that is to the greatest extent possible,
incorporate site and neighborhood-specific contexts, leverage green
infrastructure, and promote environmental resilience for all species
and natural systems. Where necessary, the Chief of Engineers shall work
with the Administrator of the Environmental Protection Agency to assess
feasibility of improvements and coordinate wastewater infrastructure
upgrades.''
Big Rock Beach in College Point--improvement of 28th
Avenue street end--Partnering with project sponsor Waterfront Alliance
and local advocates in cleaning up trash and debris and creating an
open space beachfront area for the community. Over the last few years
the beach has been primarily used as a local dump site for trash and
debris and its stairway to the site has deteriorated. A large sandy
beach street end with earthen stairs to get down to the water edge will
offer full programming potential, quiet waters and access to the
Flushing Bay shoreline.
Ecosystem Redesign of LaGuardia Breakwall--to allow for
greater tidal flow and habitat formation. Jutting out into Flushing Bay
from the eastern end of the LaGuardia Airport runway is a half-mile-
long breakwall. Sitting at the waterline, this man-made structure
bisects the Bay, limiting not just boat traffic to the piers of World's
Fair Marina, but also limiting sediment flux (leading to built-up
mounds of sewage solids) and tidal exchange (causing local water
quality impairments). The community envisions an entirely re-thought
and redesigned breakwall that takes into account the ecological and
structural needs of the entire system. With an inlet punched through
the middle of the wall to perhaps allow more water to ebb and flow
through the system, and oyster, mussel, seagrass, and fish habitat
structural improvements to the wall itself, this new smart breakwall
will change the physical, chemical, and biological baselines of the
Bay.
Thank you for your consideration of these important measures which
are needed for the protection of communities living in the densest
coastal region of our nation. We urge you to support and provide the
guidance necessary to ensure these requests can be implemented and meet
the needs of constituents in the New York and New Jersey region.
Sincerely,
Alexandria Ocasio-Cortez,
Member of Congress.
Prepared Statement of Hon. Tom O'Halleran, a Representative in Congress
from the State of Arizona
I want to thank Chairman DeFazio and Ranking Member Graves for
allowing for member testimony regarding the 2022 Water Resources
Development Act. Improving water infrastructure is critical in Arizona
as the entire Southwest is suffering from extended drought conditions.
In August 2021, the federal government declared a water shortage at
Lake Mead, one of the Colorado River's main reservoirs for the first
time. This has resulted in Tier 1 reductions, resulting in potential
reductions for the state of Arizona, counties and localities, and
tribal communities. I would like to the importance of three projects to
Pinal County, Arizona.
Welton Wash
During heavy storms, a small community of 55 homes and properties
in a Dudleyville residential neighborhood experiences serious flooding,
making roadways impassable and cutting off the community from basic and
emergency services. A study identified a recommended solution that
entails construction of a detention basin north of the community on
State Route 77 and a channel to convey flows from that basin to the San
Pedro River. The County is currently performing a survey of the area
and will soon begin to acquire the easements necessary to implement the
flood mitigation solution. Federal funding from Section 205 of
approximately $5.5 million will be necessary to complete the project.
Ak-Chin Levee/Channel
The Santa Cruz River, its tributaries and other river systems in
the County have a long history of producing catastrophic flows during
major storms, resulting in severe damage to farms, housing,
communities, businesses, and infrastructure across the region. A 2010
Data Collection Report found that 34 major flood events have occurred
on the river since the late 1800s, roughly one every 4 years, with 6 of
the 7 largest flood events occurring in the last 50 years. The USACE
study found that a levee or channel constructed east of the Ak-Chin
reservation would be effective in mitigating future flood damage.
Project costs are estimated to be less than $10 million, and as such,
it is a good fit for funding from the USACE's Section 205 Continuing
Authorities Program.
Pinal County--Santa Rosa Canal
The 56-mile Santa Rosa Canal delivers Colorado River water through
the Central Arizona Project (CAP) to agricultural and tribal lands in
Pinal County, Arizona. SRC is federally owned, with the Maricopa-
Stanfield Irrigation and Drainage district operating and maintaining
the Canal and associated facilities under contract with the Bureau of
Reclamation. This proposal would construct alternative conveyance
facilities for the Districts' groundwater in lieu of continued use of
the Santa Rosa Canal for delivery of that supply. The estimated cost is
$17.8 million ($10.9 million to $14.2 million for construction, $3.6
million for design and administration).
Thank you for the consideration of my requests and please contact
Adam Finkel on my staff.
Prepared Statement of Hon. Cathy McMorris Rodgers, a Representative in
Congress from the State of Washington
Thank you Chairman DeFazio and Ranking Member Graves for your work
on the Water Resources and Development Act (WRDA) of 2022, as well as
the time each of your staff members have put into this process. I
appreciate the opportunity to highlight my priorities for WRDA 2022.
My top priority is to protect the Federal Columbia River Power
System (FCRPS) and the four dams on the Lower Snake River. As you both
know, the FCRPS comprises 31 hydroelectric projects in the Columbia
River Basin and provides one third of the electricity used in the
Pacific Northwest, as well as critical flood risk management,
irrigation, and navigation benefits. The U.S. Army Corps of Engineers
(USACE) operates the Columbia River's Chief Joseph Dam, the second
largest hydropower producing dam in the United States, as well as a
series of eight dams on the lower Columbia and Snake Rivers.
There has been much attention paid to the FCRPS over the past few
years, particularly due to National Wildlife Federation et. al. v.
National Marine Fisheries Service et. al [01-640], litigation
challenging the 2020 Environmental Impact Statement (EIS) and Record of
Decision (ROD) jointly issued by the USACE, Bureau of Reclamation
(BoR), and Bonneville Power Administration (BPA) on the Columbia River
System Operations. In October of last year, U.S. District Judge Michael
Simon issued a stay in this case. Since that time, the four Lower Snake
River Dams have continued to be the target of the plaintiffs and
national environmental groups, with calls for dam breaching or making
significant changes to dam operations that would functionally breach
the dams.
I am concerned that emotions continue to overshadow facts when it
comes to Columbia Basin salmon recovery and the impact that the Lower
Snake River dams have on threatened and endangered salmon populations.
These are the facts: the Columbia River Basin is home to 61 different
fish species, and thirteen species of Columbia River Basin salmon and
steelhead are impacted by the river power system and listed for
protection under the Endangered Species Act. Of these 13 species, only
four travel the length of the Columbia River and through the Lower
Snake River dams to spawn: Snake River Steelhead, Snake River Spring/
Summer Chinook, Snake River Fall Chinook, and Snake River Sockeye.\1\
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\1\ https://media.fisheries.noaa.gov/dam-migration/
killerwhales_snakeriverdams.pdf
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Of these four species, according to Washington State's 2020 State
of Salmon Report, Snake River Fall Run Chinook are approaching their
goal and Snake River Basin Steelhead are making progress, while Snake
River Spring/Summer Chinook remain in crisis.\2\ It is also important
to note that while Puget Sound Salmon are not impacted by the Columbia
River Power System, they are in crisis.\3\ Further, the National
Oceanic and Atmospheric Administration has found Puget Sound Salmon to
be the priority fish populations for the Southern Resident Killer
Whale.\4\
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\2\ https://stateofsalmon.wa.gov/statewide-data/salmon/
\3\ https://stateofsalmon.wa.gov/statewide-data/salmon/
\4\ https://media.fisheries.noaa.gov/dam-migration/srkw-salmon-
sources-factsheet.pdf
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I share the goal of recovering threatened and endangered fish
species in the Columbia River Basin, which is why I have been a
proponent for the clean, renewable hydropower that is generated by the
river system, and specifically, the Lower Snake River dams. The Lower
Snake River dams provide BPA with capacity to meet peak energy demand
loads. The four dams generate approximately 1,000 megawatts of power on
average annually, with the capacity for generating over 3,000 megawatts
of power.\5\ The need for this capacity was demonstrated during severe
cold and heat events last year. In 2021, BPA issued assessments
indicating the Lower Snake River dams prevented rolling blackouts
during the deep freeze and severe heat events in the Pacific Northwest.
In January and February of 2021, the four dams each generated more than
400 megawatts of energy, with some providing more than 500
megawatts.\6\ Additionally, during the 5-day heatwave in June, the
Lower Snake River dams held 15% of BPA's total required reserves. At
their highest, the dams provided 1,118 megawatts of combined energy.\7\
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\5\ https://www.bpa.gov/-/media/Aep/about/publications/fact-sheets/
fs-201603-A-Northwest-energy-solution-Regional-power-benefits-of-the-
lower-Snake-River-dams.pdf
\6\ https://www.bpa.gov/about/newsroom/news-articles/20210616-
lower-snake-river-dams-provided-crucial-energy-and-reserves-in-winter-
20
\7\ https://www.bpa.gov/-/media/Aep/about/publications/news-
releases/20210722-pr-10-21-lower-snake-river-dams-help-region-power-
through-recent-heatwave.pdf
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The Lower Snake River dams are not only critical to grid
reliability in the Pacific Northwest, through fish passage adaptations,
they achieve 96 percent passage survival for juvenile yearling Chinook
salmon and steelhead smolts. We also have reason to be encouraged by
recent fish returns on the Lower Snake River. Snake River Spring
Chinook returns have increased since 2019, with 2020 returns up 55
percent and 2021 returns up 27 percent. Fisheries managers also predict
a 40 percent increase for Spring/Summer Chinook on the Snake River in
2022.\8\
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\8\ https://www.columbian.com/news/2021/dec/15/columbia-river-
spring-chinook-projections-are-
up-for-2022/
#: :text=This%20year's%20projection%20is%20for,last%20year's%20return%20
of
%201%2C800
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The bottom line is that efforts to breach the Lower Snake River
dams are misguided, which is why I have submitted a request to WRDA
2022 that would prevent funding or authorization of the study of
removal, study of power, flood control, or navigation replacement, dam
removal technical assistance, or removal of powered Federal dams in the
USACE Northwestern Division. It's time to stop focusing on distractions
and start focusing on solutions that will get results for all salmon in
the Columbia River Basin.
One such solution would be fish passage at Howard Hanson Dam on the
Green River, which would reopen over 60 miles of prime habitat for
Endangered Species Act-listed salmon and steelhead populations. In
October 2015, NOAA Fisheries issued a draft jeopardy opinion to the
Army Corps for the continued operation of HAHD and full realization of
the Howard A. Hanson Dam Additional Water Storage Project (HAHD-AWSP)--
a multi-phase habitat restoration and flood mitigation effort
authorized by Water Resources Development Act of 1999. NOAA fisheries
found the dam puts Chinook salmon, Puget Sound steelhead, and Southern
resident orcas at risk. On February 15, 2019, the Army Corps and NOAA
Fisheries agreed to the Howard A. Hanson Dam Biological Opinion, which
outlines the Army Corps' responsibility to design and construct a
downstream fish passage facility to aid the recovery of ESA-listed
species. The USACE is in the final stages of completing the updated
cost assessment and Director's Report. The updated cost assessment is
expected to be completed in March 2021 with the Director's Report to
follow. The authorization of the Director's Report is needed to move to
the construction phase of the project and completion of Phase I of the
HAHD-AWSP. I have submitted a request that directs the USACE Secretary
to expedite design for fish passage facilities at Howard Hanson Dam.
Moving to navigation challenges on the Snake River, it is
absolutely critical for Congress to help better define the navigation
channel at the confluence of the Snake and Clearwater Rivers in Eastern
Washington and Western Idaho. Under the River and Harbors Act of 1945,
the Federal channel of the Snake River is vaguely defined. The Walla
Walla District of the USACE previously exercised broad discretion when
conducting dredging actions to maintain the federal channel, turning
basins, and access channels. Dredging is not currently needed annually,
but it is needed more routinely to ensure the grain terminals and port
cruise terminal at the Ports of Lewiston and Clarkston are fully
accessible. In any given year, nearly 10 percent of U.S. wheat exports
transit the Snake River, and the grain terminals are the starting point
on the primary transportation path for the bulk of Idaho's wheat moving
to the West Coast for export. This area is also critical to the river
cruise industry, which provides over $15 million in direct economic
benefits to the region. We must ensure a properly maintained channel to
provide transportation efficiency and increased navigation safety.
Clearly defining the Snake River channel, turning basins, and secondary
access channels in the Lower Granite pool will assist the Corps in
planning routine maintenance and safe and efficient transportation
access for the Port of Clarkston, Washington and Lewiston, Idaho in a
manner that aligns with current USACE policies and practice nationwide.
You will see that I have included a table with detailed coordinates for
the navigation channel definition in my submission to the member
portal.
Finally, Chairman, I have appreciated our partnership on all things
Columbia River Treaty over the past several years. Your contributions
to the many discussions we have had with administration officials and
our colleagues in the Pacific Northwest about the treaty negotiations
will be missed by all next Congress and in the years to come. I
appreciate the work that the committee has already done to ensure USACE
has the authorization and resources it needs to help support our team
within the Department of State during its negotiations with the
Canadian government. I support making sure the United States has a plan
in place to address Columbia River Treaty-related issues, and if USACE
needs additional support to put this plan in place, I would support its
inclusion in WRDA 2022. I look forward to our continued work on this
matter as the final bill takes shape.
Thank you again for the opportunity to share my priorities for WRDA
2022 with the committee. Please do not hesitate to contact me or my
staff should you have questions about any of my requests.
Prepared Statement of Hon. Harold Rogers, a Representative in Congress
from the Commonwealth of Kentucky
Chairman Napolitano, Ranking Member Westerman, and other
distinguished Members of the subcommittee, I would like to thank you
for your consideration of my priorities for the 2022 Water Resources
Development Act (WRDA). I know your Committee works diligently to
ensure that all Americans can benefit from our nation's incredible
water resources and infrastructure--whether through the transportation
of goods on our waterways, locks, and dams, flood control projects that
protect our communities from disaster, and also incredible recreational
opportunities. Previous WRDA bills have done a great deal to help the
people of my district in southern and eastern Kentucky across each of
the aforementioned areas. Whether it is the importance of locks and
dams on the Kentucky and Ohio Rivers to the Kentucky economy, Wolf
Creek Dam on Lake Cumberland, the incredible flood control projects in
many of my towns and communities, and our Corps lakes' many
recreational uses, we benefit greatly from these resources. As you
begin the 2022 WRDA process, I would like to raise four specific
priorities that will benefit those in my district in Kentucky.
Legislative Language for each of these proposals is attached.
Expand Section 202 of the Energy and Water Development Act to Include
Beattyville, Kentucky on the Northern and Southern Fork of the Kentucky
River
First, I request an expansion of Section 202 of the of the Energy
and Water Development Act of 1981 to include the North and South Forks
of the Kentucky River near Beattyville, KY, which suffered catastrophic
flooding in the winter of 2021. Section 202 provides much needed flood
management assistance to regions prone to frequent floods. In response
to the flooding in 2021, where downtown Beattyville was six feet
underwater, I secured a Community Funding Project Request for a flood
management study to be conducted through the Louisville District of the
Army Corps of Engineers. The purpose of this request is to ensure the
necessary authorization is in place so construction can begin as soon
as the study is finalized.
Beattyville, KY sits at the nexus of three rivers, and is thus
often prone to flooding. This area is still reeling from the economic
impacts of having their whole downtown put out of commission. While I
am proud to report that most of the businesses are back up and running
over a year later, we simply cannot afford to have such flooding occur
again.
Wolf Creek Dam Water Reallocation Study Prohibition
Second, I request that language be included in this year's WRDA to
prohibit a water reallocation study to be conducted at Wolf Creek Dam.
This request would maintain historic WRDA and Energy and Water
Appropriations language prohibiting a water reallocation study at Wolf
Creek Dam on Lake Cumberland. The region surrounding the dam is one of
the poorest in the nation, and a reallocation study might lead to
increased water supply rates, which would place yet another financial
hardship on my constituents.
Concessionaire Gross Revenue Fees
Third, I am seeking the inclusion of language that caps the amount
of fees that the Army Corps of Engineers can charge concessionaires for
revenues from the sale of commoditized items like fuel and food items.
Currently, the Corps charges concessionaires escalating fees based on
how much gross revenue they earn in a given year, and this can reach as
high as 4.6 percent of gross revenues. Fuel and food sales are very
important amenities that the general public expects at these
facilities, but these items are typically sold with a margin of only
one or two percent. More importantly, this rate structure provides a
disincentive for concessionaires to provide, expand, or enhance food
sales locations, which could directly impact the quality of the
public's enjoyment of these facilities. To rectify this situation, my
proposed language would provide a cap of one percent on the amount of
revenue fees charged for the sale of commoditized items, including food
and fuel sales, at a concessionaire's operation.
Concessionaire Authorized Lease Length & Approval Authority
Finally, I am seeking the inclusion of language that would
modernize the lease term length between the Army Corps of Engineers and
concessionaires. Under current law, the lease terms the Corps provides
to concessionaires may be inconsistent and inadequate for the Corps to
meet their Congressional mandates of enhancing the public access and
enjoyment of federal resources. Private concessionaire investment,
which helps the Corps meet these mandates, is dependent upon adequate
and affordable financing. The current length of time that the Corps
provides to concessionaires is problematic in that the term varies from
district to district, and is generally insufficient to allow for
traditional financing.
As a result, I request that the term for a lease provided by the
Corps to concessionaires be modified to provide for a base 25-year
lease and then the option of additional 25-year extensions if agreed
upon by both the Corps and the concessionaire. This will allow for a
consistent national leasing structure and provide a period of time that
allows concessionaires to seek and receive the financing they need to
start-up, expand, or improve their facilities.
Further, the Corps currently requires any lease of 50 or more years
to be approved by Headquarters, USACE. This level of decision authority
dramatically increases the bureaucratic hurdles faced by
concessionaires, when it is the local Corps districts and divisions
that have the best understanding of what would best serve that region's
interests. As such, my proposed language would also direct the
Secretary to delegate this authority, when appropriate, to lower levels
of Corps leadership.
Thank you again for your consideration of my 2022 WRDA requests. I
look forward to working with you as this process unfolds, so we can
continue to maximize both Kentucky and our nation's water resources. If
you or your staff have any questions, please do not hesitate to contact
me or my staff.
Prepared Statement of Hon. Bobby L. Rush, a Representative in Congress
from the State of Illinois
Chair Napolitano, Ranking Member Rouzer, Chair DeFazio, and Ranking
Member Graves, and other members of the Water Resources and Environment
Subcommittee, thank you for the opportunity to submit testimony as you
work on developing the 2022 iteration of the Water Resources
Development Act.
Water resources are the lifeblood of the city of Chicago and the
1st Congressional District of Illinois. Entire communities and
economies in northeast Illinois depend upon the Great Lakes and the
other water resources that bless our state. Thus, changes made to the
Water Resources Development Act are of particular interest to my
constituents, and I urge you to make sure that the bill your Committee
develops adequately protects and fosters the resources my community
depends upon.
However, the health of Lake Michigan, the Chicago River and
Mississippi Rivers, and the broader Great Lakes are absolutely vital
not just to the city of Chicago, but to the entire nation. Local
governments cannot have the burden of protecting these resources placed
solely upon them--they need appropriate federal support to protect
these national treasures.
As such, as the Subcommittee considers priorities for WRDA
reauthorization, I ask that you keep the following priorities in mind
which are important to my district, the city of Chicago, and the State
of Illinois, and which will also help the nation as a whole:
Supporting the use of a Locally Preferred Plan for the
City of Chicago's work at Morgan Shoal on the Chicago Shoreline
project;
Finding a way to support the Village of Dixmoor, Illinois
with a new environmental infrastructure authorization to help its
ailing water system;
Fully funding the Brandon Road Lock and Dam;
Authorizing environmental infrastructure to aid Will
County, Illinois' water system;
Introducing a federal cost-share for revetment
maintenance;
Reforming the Army Corps' project partnership agreements;
Modifying the way that zoning impacts the Army Corps
values land transfers;
Waiving cost-share requirements for small ``continuing
authorities'' projects;
Allowing the Corps more flexibility in responding to
site-specific issues and local context such as using asphalt rather
than concrete for Chicago Shoreline projects;
Adding more flexibility for non-federal sponsors in
restrictions on ecosystem restoration projects; and
Allowing maintenance activities in the first five years
of a project's lifespan to count towards the local sponsor's cost-
share.
Thank you for allowing me the opportunity to submit testimony on
our nation's water infrastructure priorities as a part of this special
Member Day hearing. I look forward to continuing to work with you on
these important issues.
If you have any questions about any of my priorities, please do not
hesitate to contact me or my staff. Thank you for your consideration.
Prepared Statement of Hon. Bradley Scott Schneider, a Representative in
Congress from the State of Illinois
Thank you, Madam Chair, for the opportunity to testify and advocate
on behalf of my district as the subcommittee begins consideration of
the next round of Water Resource Development Act projects.
I first want to discuss the critical role the U.S. Army Corps must
play in ensuring the climate resiliency of our communities. My
district--like all of ours--has seen first-hand the impact of climate
change, having faced several so-called ``100-year floods'' over the
past decade or so. These major precipitation events, increasing both in
frequency and severity, will strain our existing water infrastructure.
A stark example of how we're already seeing the impact in our
community: the Des Plaines River Trail in my district is a wonderful,
multiuse trail running throughout my district. But because of climate-
fueled precipitation, over the last 4 years it has been flooded 50% of
the time.
We must ensure we build in the necessary capacity and resiliency in
our water infrastructure to handle the challenges of the climate
crisis. And we know this investment pays for itself: FEMA estimates
that for every dollar invested in flood mitigation, there are $4 of
public benefit.
We must also work to better understand how climate change will
impact the Great Lakes system, one of our country's greatest natural
treasures, a prime economic engine for our region, and the source of
drinking water for more than 30 million people. Our stewardship of the
Great Lakes is especially important as we see lake levels fluctuate
wildly over a few years' time. These fluctuations can have a dramatic
effect on coastal erosion as we've seen firsthand in my district. And
we must make sure we're doing everything we can to make the Great Lakes
system climate resilient. They are a national treasure that we must
protect.
Second, I would like to advocate for the inclusion of Lake County
within Sec. 219 authority. In Illinois, Cook County is a designated
geographic area eligible for Sec. 219 which allows local municipalities
to work jointly with the Army Corps on environmental infrastructure.
However, despite efforts in years past to add Lake County, no
geographic areas have been added to Sec. 219 authority in over a
decade. This must change, particularly as we see climate change taking
an increasing toll in my community.
I have submitted a request to this year's WRDA, jointly with two of
my Illinois colleagues, to add Lake County to Sec. 219. I encourage
this committee to consider this request so that we can provide Lake
County with more tools to improve its water and environmental
infrastructure.
Thank you for the opportunity to testify.
Prepared Statement of Hon. Robert C. ``Bobby'' Scott, a Representative
in Congress from the Commonwealth of Virginia
Chairman DeFazio, Ranking Member Graves, Chairwoman Napolitano,
Ranking Member Rouzer and members of the Transportation and
Infrastructure Committee, thank you for providing me this opportunity
to discuss the priorities of my congressional district in the upcoming
Water Resources and Development Act (WRDA).
I represent the 3rd congressional district of Virginia where the
Chesapeake Bay meets the James, Nansemond, and Elizabeth Rivers, and
where there are both challenges and opportunities. The U.S. Army Corps
of Engineers has worked to keep America's waterways and ports open to
trade, while working with our communities to ensure that they can
continue to live with the water that surrounds our community. My
district is home to the Port of Virginia, which is one of the largest
and busiest ports on the eastern seaboard. With 95 percent of our
nation's trade moving by water, it is essential that the Port is able
to maintain operations. The 3rd district is also home to multiple
shipyards and neighbors Norfolk Naval Station, the largest naval base
in the world. These waterways are essential to the Hampton Roads
economy.
I would like to take a moment to thank the Committee for their work
with the Port of Virginia in the 2020 WRDA. The Port of Virginia is
tied to more than 400,000 jobs and $100 billion in spending across the
Commonwealth. It is critical that we ensure that the Port is able to
handle the increased number and size of container ships.
The Port and the Army Corps of Engineers have undertaken the
widening and deepening of the Norfolk Harbor to enable safe and
efficient two-way passage of the newer and larger container ships.
Expanding the Norfolk Harbor to allow for safe two-way traffic will
also help prevent backlogs of commercial vessels that could cause
costly delays and supply chain disruptions. In order to further improve
this project, a modification is required. The proposed modification
that I have submitted to the committee adds the widening and deepening
of Anchorage F so that it is consistent with the project depth of the
Federal Channel. Deepening and widening are a critical part of the
Norfolk Harbor project and ensures that there is a safe anchorage for
ultra-large container vessels.
My district is also home to the Virginia Peninsula which is working
to adapt to the surrounding rising water. Unfortunately, due to
climate-driven sea level rise, compounded by historic land subsidence
in the region, the waterways surrounding the Peninsula pose a serious
risk. Some studies estimate this rise to be as much as 7 feet by the
year 2100, making the Hampton Roads region the second largest
population center at risk from sea level rise in the nation, behind
only New Orleans. High tides, nor'easters, and hurricanes exacerbate
the risk of flooding in the region.
State and local elected officials in Virginia already appreciate
the significant threat sea level rise poses to Hampton Roads.
Unfortunately, the cost to proactively and aggressively address this
problem head-on is far too great for any city to bear by itself.
Inaction will greatly increase the financial and human costs and is
simply not an option. While considerable sums of money to address these
issues has been spent, the entire scope of the project is very large.
That is why I am appreciative of the Committee's inclusion of
resiliency initiatives in your infrastructure proposal.
I am asking that federal properties be included in the Coastal
Storm Risk Management (CSRM) study of the Virginia Peninsula and
greater Hampton Roads region. The federal government, especially our
military, has a significant footprint in our region. Not including
these properties and installations in any subsequent report and plan
will significantly harm any storm risk management efforts as it would
not account for the outsized federal footprint in Hampton Roads.
Allowing the Assistant Secretary of the Army for Civil Works to enter
into agreements with other Federal agencies that own or operate
property in the study area would allow for a truly comprehensive study
on the Peninsula so that these installations are incorporated into the
planning and construction process, saving money for taxpayers and
producing more thorough plans.
Thank you again for allowing me the opportunity to share my
priorities for the forthcoming Water Resources and Development Act of
2022. I look forward to working with you and the entire committee to
ensure that these projects are included in order for the critical work
in Hampton Roads to continue.
Prepared Statement of Hon. Mikie Sherrill, a Representative in Congress
from the State of New Jersey
Thank you, Chairwoman Napolitano (and Chairman DeFazio), for the
opportunity to testify today and for your strong leadership throughout
the WRDA process. I want to also recognize my New Jersey colleagues on
the committee, Representatives Payne, Sires, and Malinowski, and
Representative Malinowski particularly for his work on this
subcommittee to advance New Jersey's priorities.
I'm here today because flooding has plagued my district in North
Jersey for generations. Last September, the remnants of Hurricane Ida
caused significant damage to the region, including the tragic loss of
life around the Peckman River. And while I am deeply grateful to the
Committee for authorizing the Army Corps of Engineers Peckman River
Basin Project, and the Army Corps for providing the full $146.2 million
in federal funding to complete it, I wish I could tell you that the
Peckman is the only source of flooding in my district.
Unfortunately, flooding is an all too frequent reality for my
constituents. The banks of the Whippany River have deteriorated badly,
and the flooding that results is felt throughout the surrounding
communities. The oldest historically Black church in Morris County,
Bethel Church in Morristown, which has stood for over 178 years, has
faced consistent flooding from the Whippany, leading to significant
damage to the building and grounds. In 2001, when Tropical Storm Irene
caused the Whippany River to surge beyond its banks, it filled the
basement of the church with four feet of water.
It doesn't stop there. I met recently with Mayors of four other
impacted towns in the district--East Hanover, Hanover, Parsippany, and
Florham Park. The flooding is such a regular occurrence that the towns
now have water rescue units in place after the Mayors were regularly
going out in rowboats to rescue residents. Hanover Township had to move
the location of a fire house, and major roadways for business access
are consistently flooded and closed at great economic cost to the
community.
My community needs the Army Corps to help. That's why I am
requesting a General Investigation Watershed Study of the Whippany
River, to begin the process of a federally-funded mitigation and
restoration effort.
I have also toured flood zones and spoken with Mayors and residents
of towns including Pequannock, Montville, Lincoln Park, Wayne,
Fairfield, Pompton Lakes, Livingston, Florham Park and Chatham about
the impact of chronic flooding from the Passaic River. Flooding along
the Passaic has caused twelve federal disaster declarations since 1968
and multiple Army Corps reports support the need for mitigation
efforts. The Corps estimates that when viewed over time, the average
annual flood damage in the basin is over $160 million. Yet these towns
are too often left to manage mitigation efforts on their own, without
federal or state support--shouldering a regional issue in a piecemeal
fashion that is both expensive and inefficient, not to mention an
unfair burden for them to bear. To that end, I am here to request
federal help. To begin this process, we need to authorize a feasibility
study on desnagging, potential home elevations, and other mitigation
opportunities under CAP authority around the Passaic River Basin.
The good work this committee can do extends beyond flood
mitigation. To that end, I am grateful for the Committee's decision to
restore the authorization of Environmental Infrastructure Projects and
I request that you consider the following submissions:
First, several communities in my district, including Boonton
Township and Montville have water treatment plants that are in urgent
need of repair and updating. The poor condition and outdated
technologies of these plants threaten the ability to maintain a safe
and reliable supply of potable water. As such, I am requesting Army
Corps investment to fund the needed improvements, repairs, and updates.
Second, fourteen municipalities in my district currently have at
least one Public Water System with PFAS violations, according to the
NJDEP. PFAS, also called ``forever chemicals'', are linked to negative
health consequences including cancer, infertility, liver and kidney
disease, hormone disruption, and damage to the immune system,
especially in children. These towns, which have populations as small as
2,100 and as large as 50,000 people, do not have the resources to fix
these issues on their own. As such, I am requesting Army Corps funding
for a regional project in Essex, Morris, Passaic and Sussex Counties to
install filters on municipal wells and elsewhere in the water
infrastructure system to ensure clean drinking water for our
communities.
Third, the impact of Harmful Algae Blooms on Lake Hopatcong has
been an ongoing struggle in my district. The closure of the lake during
the summer season of 2019, which was caused by a HABs outbreak, was
devastating to the community, not just from a recreational perspective,
but because the lake and the tourism associated with it are a major
economic driver for the region. One of the biggest contributors to this
issue is the lack of sewer infrastructure along the lake. That is why I
am requesting Army Corps funding for the study and installation of
public sanitary sewers in Jefferson Township to help address this
chronic issue.
And while I have several other requests that I have submitted to
the Committee, I know I am limited in my time here today. I also know
that you are all committed to our job in Congress to make the
government work for the people we represent. The Water Resources
Development Act is a tremendous opportunity to make long-overdue
progress, and I urge you to include these requests.
Thank you and I yield back.
Prepared Statement of Hon. Nydia M. Velazquez, a Representative in
Congress from the State of New York
Dear Chairwoman Napolitano, Ranking Member Rouser, and members of
the subcommittee, I thank you for allowing me to submit testimony for
the record about my district's priorities for the Water Resources
Development Act (WRDA) of 2022. I also commend all the Committee's
staff for all their work and help during the submission process of WRDA
projects.
As climate change and rising sea levels continues to present
enormous challenges for our communities, it is more important than ever
to invest in resilient water resources infrastructure. As such, I would
like to discuss two crucial projects that would be beneficial for my
district and my constituents.
First, I would like to highlight the Newtown Creek Salt Marsh and
Ecology Berm project. This new environmental infrastructure request
seeks to restore wetland habitat and build an elevated shoreline for
public access and provide protection for adjacent properties and
roadways from sea level rise and future storm surges. Once surrounded
by 1,200 acres of tidal salt marsh, industrial growth and urban
development left the Newtown Creek totally devoid of all marsh
environment by the twenty-first century. The native salt marsh grasses
help improve water quality, improve dissolved oxygen levels, mitigate
storm surges, and provide critical habitat for keystone marine species,
including the native ribbed mussels which are tremendous filter feeders
and already exist in small crevices along the Creek's shorelines. The
Newton Creek Alliance is ready and able to be the project sponsor if
this infrastructure request is accepted by the Committee.
Similarly, I also proudly submitted to this Committee, the Brooklyn
Navy Yard Comprehensive Port Resiliency Plan as a new environmental
infrastructure request. This Plan seeks to address flooding and sea
level rise to keep critical maritime infrastructure functional
including three of the last working dry docks on the East Coast which
service U.S. Coast Guard and National Oceanic and Atmospheric
Administration (NOAA) vessels and can catalyze development of offshore
wind farms to generate renewable energy for the State. The Navy Yard's
maritime infrastructure includes three of the last working dry docks on
the East Coast. In just this current fiscal year, the Brooklyn Navy
Yard Development Corporation is managing approximately $150 million of
FEMA funds to invest in improving berths, dry docks, bulkheads, and
other waterfront infrastructure. The Navy Yard's working waterfront
includes GMD Shipyard, which provides O&M for public and private
vessels, including U.S. Coast Guard and NOAA vessels. The Navy Yard was
designated a port eligible for NYSERDA port infrastructure investment
by the Governor of New York, as part of the Governor's efforts to
catalyze development of offshore wind farms that will generate 9.5 GW
of renewable energy for the State. The Navy Yard is susceptible to
flooding and sea level rise, and there will likely be new improvements
required to protect it and this unreplaceable infrastructure. The
sponsor for this project is the Brooklyn Navy Yard Development
Corporation.
Finally, I would like to testify about the bipartisan request for a
language in support for the Community of El Cano Martin Pena (CMP) in
Puerto Rico. This year, environmental justice was delivered when the
CMP was awarded with $163 million as one of the projects to receive
funding following the enactment of the Infrastructure and Investment
Act. I have been a proud advocate of this project throughout the years
and through different WRDA requests. I stand in support again to
include language to allow the USACE Secretary to credit, toward the
non-Federal cost share of the Cano Martin Pena Project authorized by
Section 5127 of the Water Resources Development Act of 2007, any costs
for provision of real property interests, performance of relocations,
and demolition of structures that are determined by the Secretary to be
required for the project, including such costs incurred prior to the
effective date of the partnership agreement for the project.
Once more, I would like to thank Chairman Napolitano, Ranking
Member Rouzer, and the staff for the hard work through the WRDA process
and for your consideration of these remarks.
Thank you for allowing me the time to provide testimony.
[all]