[Senate Hearing 115-519]
[From the U.S. Government Publishing Office]
S. Hrg. 115-519
PENDING LEGISLATION AND DISCUSSION DRAFT OF THE RECLAMATION WIFIA
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HEARING
BEFORE THE
SUBCOMMITTEE ON WATER AND POWER
OF THE
COMMITTEE ON
ENERGY AND NATURAL RESOURCES
UNITED STATES SENATE
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
ON
S. 3001
H.R. 132
H.R. 1967
AND
S. ___ , DISCUSSION DRAFT OF THE RECLAMATION WATER INFRASTRUCTURE
FINANCE AND INNOVATION ACT OF 2018
__________
JUNE 13, 2018
__________
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Printed for the use of the
Committee on Energy and Natural Resources
Available via the World Wide Web: http://www.govinfo.gov
___________
U.S. GOVERNMENT PUBLISHING OFFICE
30-616 PDF WASHINGTON : 2019
COMMITTEE ON ENERGY AND NATURAL RESOURCES
LISA MURKOWSKI, Alaska, Chairman
JOHN BARRASSO, Wyoming MARIA CANTWELL, Washington
JAMES E. RISCH, Idaho RON WYDEN, Oregon
MIKE LEE, Utah BERNARD SANDERS, Vermont
JEFF FLAKE, Arizona DEBBIE STABENOW, Michigan
STEVE DAINES, Montana JOE MANCHIN III, West Virginia
CORY GARDNER, Colorado MARTIN HEINRICH, New Mexico
LAMAR ALEXANDER, Tennessee MAZIE K. HIRONO, Hawaii
JOHN HOEVEN, North Dakota ANGUS S. KING, JR., Maine
BILL CASSIDY, Louisiana TAMMY DUCKWORTH, Illinois
ROB PORTMAN, Ohio CATHERINE CORTEZ MASTO, Nevada
SHELLEY MOORE CAPITO, West Virginia TINA SMITH, Minnesota
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Subcommittee on Water and Power
JEFF FLAKE, Chairman
JOHN BARRASSO CATHERINE CORTEZ MASTO
JAMES E. RISCH RON WYDEN
MIKE LEE BERNARD SANDERS
BILL CASSIDY JOE MANCHIN III
ROB PORTMAN TAMMY DUCKWORTH
SHELLEY MOORE CAPITO TINA SMITH
Brian Hughes, Staff Director
Patrick J. McCormick III, Chief Counsel
Lane Dickson, Professional Staff Member
Mary Louise Wagner, Democratic Staff Director
Sam E. Fowler, Democratic Chief Counsel
Camille Touton, Democratic Professional Staff Member
Spencer Gray, Democratic Professional Staff Member
C O N T E N T S
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OPENING STATEMENTS
Page
Flake, Hon. Jeff, Subcommittee Chairman and a U.S. Senator from
Arizona........................................................ 1
Cortez Masto, Hon. Catherine, Subcommittee Ranking Member and a
U.S. Senator from Nevada....................................... 1
WITNESS
Petty, Hon. Timothy R., Assistant Secretary for Water and
Science, U.S. Department of the Interior....................... 7
ALPHABETICAL LISTING AND APPENDIX MATERIAL SUBMITTED
(The) Confederated Tribes of the Colville Reservation:
Letter for the Record........................................ 5
Contra Costa Water District:
Letter for the Record........................................ 30
Cortez Masto, Hon. Catherine:
Opening Statement............................................ 1
East Bay Regional Park District:
Letter for the Record........................................ 3
Family Farm Alliance:
Letter for the Record........................................ 35
Feinstein, Hon. Dianne:
Statement for the Record..................................... 21
Flake, Hon. Jeff:
Opening Statement............................................ 1
Glenn-Colusa Irrigation District:
Statement for the Record..................................... 69
H.R. 132, the Arbuckle Project Maintenance Complex and District
Office Conveyance Act of 2017.................................. 50
H.R. 1967, the Bureau of Reclamation Pumped Storage Hydropower
Development Act................................................ 54
Kittitas Reclamation District:
Letter for the Record........................................ 73
Northern California Water Association:
Statement for the Record..................................... 75
Petty, Hon. Timothy R.:
Opening Statement............................................ 7
Written Testimony............................................ 9
Response to Question for the Record.......................... 68
Poseidon Water:
Letter for the Record........................................ 77
Roza Irrigation District:
Letter for the Record........................................ 80
S. __ , Discussion Draft of the Reclamation Water Infrastructure
Finance and Innovation Act of 2018............................. 56
S. 3001, the Contra Costa Canal Transfer Act..................... 42
Sites Project Authority:
Statement for the Record..................................... 37
PENDING LEGISLATION AND DISCUSSION DRAFT OF THE RECLAMATION WIFIA
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WEDNESDAY, JUNE 13, 2018
U.S. Senate,
Subcommittee on Water and Power,
Committee on Energy and Natural Resources,
Washington, DC.
The Subcommittee met, pursuant to notice, at 10:00 a.m. in
Room SD-366, Dirksen Senate Office Building, Hon. Jeff Flake,
presiding.
OPENING STATEMENT OF HON. JEFF FLAKE,
U.S. SENATOR FROM ARIZONA
Senator Flake [presiding]. This hearing of the Subcommittee
on Water and Power will come to order.
The purpose of today's hearing is to receive testimony on
three Bureau of Reclamation bills as well as a discussion draft
of legislation relating to the Water Infrastructure Finance and
Innovation Act (WIFIA) program.
Two of the bills before us today, S. 3001 and H.R. 132,
would convey ownership of facilities from the Federal
Government to water districts that have paid for them in full
and are currently managing them. These are win-win bills that
allow for local control of water resources and reduce costs to
the Federal Government. The third bill that we are considering
is H.R. 1967 which will ensure pumped storage projects on
Reclamation facilities are not subject to two separate
permitting processes. Finally, we will examine the discussion
draft which would open up the WIFIA program to water supply
projects selected by the Bureau. Last year the Subcommittee
hosted a roundtable to discuss challenges with financing water
supply infrastructure, and this is one of the ideas that came
up as a way to support state and local government-led water
projects.
I look forward to hearing from the Administration on the
discussion draft and working with my colleagues to ensure that
taxpayers are protected as this concept moves forward.
With that, I will turn to the Ranking Member, Senator
Cortez Masto.
STATEMENT OF HON. CATHERINE CORTEZ MASTO,
U.S. SENATOR FROM NEVADA
Senator Cortez Masto. Thank you, Senator, and good morning.
Our hearing today, as you heard, is two-fold. First, a
legislative hearing to discuss Title II transfer proposals for
S. 3001 and H.R. 132, and H.R. 1967, legislation that would
create a Pumped Storage program for Reclamation. We will also
consider a discussion draft on a Water Infrastructure Finance
Innovation Act model for water projects. The issue of title
transfer is one that the Committee is actively discussing and
the parameters that define which projects make for ideal
candidates for title transfer are important.
The legislation before us has checked these boxes. S. 3001
and H.R. 132 seek to transfer those facilities that are already
operated and maintained by the water districts that seek the
title. The water districts have completely repaid their
projects. They have worked collaboratively with stakeholders in
the region, and there is no opposition to the transfer of these
facilities.
I would like to submit for the record a letter of support
from the East Bay Regional Park District for Senate bill 3001.
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Senator Cortez Masto. The discussion draft complements the
legislation we are considering. The discussion draft proposes a
financing mechanism for Reclamation-like water projects,
similar to the EPA's WIFIA program. It is a potential tool that
water managers can use to finance upgrades and maintenance to
water projects for which they own title.
Assistant Secretary Petty, I look forward to hearing your
views on how you think water managers will utilize a WIFIA-like
program for Reclamation.
H.R. 1967 would give Reclamation exclusive jurisdiction
over allowing pump storage development at projects that propose
to use more than one Reclamation reservoir. This bill affects
one active project, located in the State of Washington, that is
currently going through both FERC licensing and Reclamation
leasing.
Well-sited pump storage is a promising opportunity for long
duration storage on the grid.
The recent hydropower vision report in which the Department
of Energy participated concluded that over 16 gigawatts of new
pumped storage capacity is feasible nationwide by 2030. This
kind of storage will be essential to accelerate our path to a
clean energy economy that integrates more variable wind and
solar. That said, while reducing duplicative permitting can be
a matter of good government, I want to draw attention to the
need to protect tribal interests affected by this bill. Tribes
affected by the flooding of their homelands and fisheries at
Grand Coulee now filled by Lake Roosevelt have a number of
important protections in place under FERC licensing. I
understand that the bill's proponents and tribes in Washington
are engaging on potential amendments to address this concern.
I want to enter into the record a letter from Chairman
Marchand of the Colville Tribes to this effect.
[The information referred to follows:]
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Senator Cortez Masto. And I want to note that Senator
Cantwell has made clear she wants this issue addressed before
marking up this bill.
Thank you, Assistant Secretary Petty, for joining us today.
I look forward to your testimony and our discussion.
Senator Flake. Thank you, Senator Cortez Masto.
As our only witness, he is looking a little lonely there.
[Laughter.]
Tim, Dr. Petty, knows this process well having been on all
sides of this issue. He is Assistant Secretary for Water and
Science at the U.S. Department of the Interior.
Thank you for joining us today, and you are now recognized
for your testimony.
STATEMENT OF HON. TIMOTHY R. PETTY, ASSISTANT SECRETARY FOR
WATER AND SCIENCE, U.S. DEPARTMENT OF THE INTERIOR
Dr. Petty. Well, thank you both, Chairman Flake, Ranking
Member Cortez Masto.
Again, my name is Tim Petty. I'm the Assistant Secretary
for Water and Science at the Department of the Interior. Thank
you for the opportunity to provide the views of the Department
on the multiple bills and the draft legislation proposal
pending before the Subcommittee today.
The Department supports each of the three bills and we
cannot formally endorse a proposed still-in-draft form;
however, I believe the discussion draft effort to expand WIFIA
to include projects of interest to the Bureau of Reclamation
could go a long way to provide much needed capital to water
projects throughout the arid West.
Starting off with Senate bill 3001, as introduced by
Senator Feinstein, the Contra Costa Canal Transfer Act directs
the Secretary to transfer and convey to the Contra Costa County
Water District, all rights, titles and interests to the United
States in and to the Contra Costa Canal. It includes the
entirety of the Contra Costa Canal unit at the Central Valley
Project, and of course, all the interest in lands associated
within that unit.
While the Senator's staff and the water district and the
Department of the Interior are still finishing up final
refinements, we are pleased to fully support this legislation.
The second bill, as introduced by Congressman Cole, H.R.
132, the Arbuckle Project Maintenance Complex and District
Office Conveyance Act, also transfers a Reclamation Project. In
this case, it is to the Arbuckle Master Conservancy District in
Murray County, Oklahoma, and the Department also supports this
legislation. The Department has an active title transfer
program and supports transferring certain Reclamation project
facilities to non-federal entities, particularly in cases where
transfer could create opportunity, not just for those who
receive the title, but for the other stakeholders and the
public as well. This is also consistent with the broader aims
that the Administration's title transfer legislation proposal
transmitted to Congress in February of this year which is still
under consideration.
We also support H.R. 1967, the Bureau of Reclamation's Pump
Storage Hydropower Development Act, and have worked with
Congressman Noem and many other members on both aisles in the
House to craft this bill. The goal of this legislation is to
streamline the development and permitting of non-federal, pump
storage hydroelectric projects on Reclamation reservoirs. We
see this bill as providing opportunity for future pump storage
advancement and to streamline the permitting process which may
encourage the development of more of these type of projects. As
stated at previous hearings on hydropower-related issues before
the Subcommittee, Reclamation will continue to review and
assess potential new hydropower projects that provide a high
economic return for the nation that are both clean and energy
efficient and can be accomplished in accordance with protection
of both fish, tribal, the environment and Reclamation concerns.
Finally, Mr. Chairman, let me turn my attention to the
discussion draft designed to expand WIFIA to include water
projects selected and recommended by the Reclamation
Commissioner. Specifically, the proposed legislation builds on
EPA's previously authorized WIFIA programs to allow EPA to
approve secured loans for projects that are determined by the
Secretary and the Commissioner to meet the eligible criteria
for non-federal water infrastructure projects and would
generate additional water supplies. The benefit of this
approach includes avoiding redundancy among the agencies and
increasing efficiencies by allowing agencies to continue to
operate within their respective areas of expertise.
Continuation of EPA's role in evaluating and approving
secure loan builds on the expertise of that specific agency
that has already been implemented within WIFIA rather than
requiring multiple agencies to support that function
individually. Likewise, providing authority to the Commissioner
of Reclamation determined which non-federal water
infrastructure project would be considered by EPA utilizing
Reclamation's significant expertise in identifying these type
of projects. My written testimony provides some constructive
ideas to improve this discussion draft. I appreciate the work
that the Committee is doing to develop this legislation that
will assist in providing financial assistance to non-federal
water projects and possibly some transfer work operations.
This concludes my remarks. Mr. Chairman, Ranking Member, I
would be happy to take any questions that you may have. Thank
you.
[The prepared statements of Dr. Petty follow:]
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Senator Flake. Thank you, Dr. Petty.
Before turning to questions, I ask that the statement of
Senator Feinstein on S. 3001 be made part of the record,
without objection.
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Senator Flake. Dr. Petty, in your testimony on the Contra
Costa Canal Transfer project, you mention revenues from
contracts that currently come to the Treasury would be
transferred by this bill. Can you provide additional detail
about the contracts and the lost revenue that you are
referencing?
Dr. Petty. Yes, for sure, Senator.
I've already had some conversations with your staff,
specifically. We are happy to give you the details.
Just for reference, there's like two or three specifically
that have, through the years, like a parking lot to a Starbucks
which is partly on Reclamation land at this point when we did
our FONSI. There is another small business that also has some
access on the property as well as a back road development to a
housing project that's there.
So, we're looking at like $6,700 a year revenue that we
gain from those different kind of aspects, not adding up to
more than $100,000, less than $100,000 easily, a year. So I am
happy to give you all those details as we go forward in those
areas.
Senator Flake. Thank you.
Now, you also testified earlier this year on a bill that
would allow the Bureau to carry out title transfers on
facilities like the two before us today, ones that are really
low-hanging fruit, without requiring an act of Congress.
Based on your understanding of Senator Risch's title
transfer legislation, I know that you understand it well, would
both of these transfers qualify for the administrative process
in that proposal?
Dr. Petty. Yes, just to get into some of the highlights.
There are just so many opportunities that many of these, the
perfect example of Contra Costa and even Arbuckle that started
in 1962. They finished complete payment in full by 2012. The
majority of those have already been transferred over. There's
just those nuance components that we will work through the
details. We want to do our due diligence within the
Administration to make sure we do a complete FONSI.
We do any type of EIS process so that it's clear of when we
do that full transfer that both Congress has the full
understanding of what that is entailed so we can have those
full good conversations and make that complete transfer made
available.
Senator Flake. Thank you.
The Reclamation WIFIA discussion draft would authorize the
Bureau to select projects that are eligible for loans that the
EPA would administer. I assume the idea here is to prevent
duplication of costs and personnel by standing up a new program
when EPA already executes these type of loans. Conceptually,
this may sound like a good idea, but it could be complicated to
implement.
Has the Bureau spoken to the EPA about the role each agency
might break down if something like this was enacted? How would
this implementation work?
Dr. Petty. Yes, Senator.
Some actual really good examples, but in the big picture
our Denver Office of Reclamation has already been interacting
with EPA on a number of these discussions. We like the idea
that of the loan capability because WIFIA has been within EPA
for a long time.
They've got the resources and capabilities, but there's
projects within Reclamation that we feel that we could either
collaborate well with EPA and have those discussions, even as
an example of that is maybe having a staff of Reclamation being
on, maybe, like the Board of Review at EPA when they review who
qualifies for any WIFIA programs and if there's any type of
connection with other organizations with whether it's U.S. Army
Corps of Engineer, Reclamation and EPA actually working
together brings capabilities and highlights that actually make
sense.
Senator Flake. Would any additional employees be necessary
at Reclamation if EPA implements these programs?
Dr. Petty. That's going to be a good question. As we look
into how the draft really develops, we'll be able to answer any
of those questions as what kind of resources for Reclamation.
We already have an existing WaterSMART program that actually
gives out grants that we have a really formal process that we
go through that may have those same kind of capabilities.
So, the duplication, I can't imagine being extensive of
requirements for new staff because we already have expertise in
how we actually implement the WaterSMART which has been very
successful in the Western states already. It's those kind of
combinations that we would look into as the Administration
considers the legislation that you're working to put together.
Senator Flake. Alright. Thank you.
Senator Cortez Masto.
Senator Cortez Masto. Thank you, Dr. Petty.
Let's stay on the WIFIA discussion draft proposal. I
understand the projects eligible for the WIFIA funding must be
non-federal. How do you see the program intended to fund non-
federal water projects complementing the mission of Reclamation
projects which are federally owned?
Dr. Petty. I asked that exact same question to my staff as
well, and I think it's a very good question.
As an example of what their thoughts were, even interacting
with EPA on some of these components, is in the area of what is
what we're also talking about are the title transfers, right?
Senator Cortez Masto. Right.
Dr. Petty. There's a lot of small projects that actually
need resources that Reclamation just does not have the
resources to help that could actually add water supply. Part of
that combination of why we believe that title transfer is
important is that it gives those smaller projects the ability
to take title and then do their own system of investing into
these areas.
With the concept of why water supply is expansion
incapable, something like WIFIA might have the possibility
within those frameworks of saying, okay, it's no longer non-
federal, right? It becomes a non-federal project and then
having the capabilities of helping them to shore up some
capabilities of adding to their water supply is just a concept
or an idea that would be useful in that kind of combination.
Senator Cortez Masto. Okay, thank you.
I know a general concern of loan programs is ensuring that
the taxpayer funding is protected. How would Reclamation ensure
that, should they have the authority, that you recommend
projects that are of the best interest and investment to the
taxpayer?
Dr. Petty. Yeah, another great question.
So, very much of a process that we go through is through
the findings process, referred to like a FONSI as well as all
of our EIS requirements to look at the environmental
assessments that we do before any aspect of title transfer
takes place. It's a very open process, it allows all the
stakeholders and community to be involved of what is trying to
be accomplished and obviously the Congress is very much
engaged.
This one, each bill coming up and testifying on the title
transfer can be expedited to some extent if a title transfer
package is implemented so that you would have continual access
to see how we are processing this, but we don't have to come up
and do onesies and twosies every time a title transfer has come
due as infrastructure is even getting to that older
infrastructure age, so many of these projects are from the
'50s, '60s and '70s. Just to start looking at each one and
bringing it up here for each one would become all-consuming.
Senator Cortez Masto. Okay. And do you believe that
Reclamation has the capacity to implement a WIFIA-like program?
Dr. Petty. I think there's very much room for discussion
and this is what I really want to be able to do with both of
you as the Chair and Ranking Member of the Subcommittee on
working through that as we tighten up and look at the title
transfer capability, but the WIFIA program specifically, we, as
the Administration, don't want to create more systems
bureaucracy if not necessary. But at the same time if we can
actually help do what our ultimate goal is, to actually provide
water supply to a very arid communities out West, then, I
think, we need to make those efforts to see how we can help.
Senator Cortez Masto. Great, thank you.
Let me talk a little bit about the pump storage and tribal
communities.
Dr. Petty. Yup.
Senator Cortez Masto. How would Reclamation ensure that
tribal interests and homelands are protected in developing a
Reclamation pump storage permitting program?
Dr. Petty. Yes, a very, very great question and I think
even the process that we're working with, even the capabilities
up in Washington State in engaging with the tribes, allowing
them to be very much part of that specific process of what that
entails.
I know that there's a number of interests as well from the
tribes of actually trying to provide more water resources to
some of those arid areas and pump storage, whether it's Banks
Lake up in Washington State that we're referring to, making
sure that they're very much part of the program because they
have a high interest of what that entails for that water
resource, especially in hatcheries and other capabilities that
they're very interested in.
Senator Cortez Masto. Thank you.
Dr. Petty, thank you for being here this morning. I look
forward to working with you, and I appreciate the comments.
Dr. Petty. Yeah, likewise. Thank you, Senator.
Senator Flake. Thanks.
Continuing on pump storage, it is daunting enough to have
one federal permitting process. To have to go through two is,
obviously, a major disincentive. About how many potential
instances of this double regulation exist across Bureau
projects? Is it common? How common is it to have upper and
lower reservoirs with different authorizations required?
Dr. Petty. You know, Senator, I think part of the concept
of pump storage has been around a long time but there's not
really been, what I would call, a huge effort to really say
what would happen if there's consideration.
And so, as more Western states and communities start to
think about utilizing pump storage and actually new technology
that is actually being developed with those kind of
capabilities, I think there's a lot of interests that are
taking place, for sure, in each of the states. They've come to
Reclamation to talk about those concepts.
Banks Lake is a good example of those kind of areas. I know
working with Senator Risch in Idaho there were some other
projects that pump storage would have some incredible
capability that would allow, not only pump storage, but would
give capabilities that we're talking about as well in areas of
aquifer recharge, of capabilities of very high seasonal periods
where we have flood impacts that are huge that if there's ways
to actually mitigate and manage during those really peak
periods that would benefit all the communities in those areas
from everything from flood impact to actually water management
and fishery capacity.
It has a lot of capabilities into the future. We just need
to be working together on how we're going to implement and look
through those, but I know Reclamation has those capabilities,
the technologies and the engineering to really be able to
openly communicate some of those good options.
Senator Flake. We often hear from entities pursuing title
transfer of Reclamation facilities that they manage. One of the
main reasons for doing so is access to capital.
How do you think that transferring title to eligible
facilities and some kind of financing mechanism will help
address some of the aging infrastructure challenges that are
being faced with the Bureau projects?
Dr. Petty. Right off the bat what comes to mind is what
you, even in your opening statement, talked about, not only the
low-hanging fruit but there are just so many projects that we
just don't have the resources to actually help them because
we're dealing with bigger projects that seem to consume a lot
of the allocated resources that we have.
And so, the idea of working in the title transfer, it
allows these projects that are really desperate to actually
upgrade their infrastructure, that allows them to say, we have
that ability to start managing it ourselves and then gain that
resources that our list is so long that it's like we're not
going to get to you for a long time, if ever. That allows them
to move forward on helping themselves in these infrastructure
projects.
Senator Flake. Thank you.
Senator Cortez Masto.
Senator Cortez Masto. Just one follow-up, and I am curious.
How do you delineate projects or facilities that should not be
candidates for title transfer?
Dr. Petty. I think the best part of that process is the
stakeholders. Those stakeholders need to be coming together,
talking through exactly what it is that they need to move,
whether it's beneficial to that community and to either that
water district or that canal company that's advantageous, not
only to the canal company, but to the community at large and
where that community can go. And so, that open process, I
think, needs to be that key part of making sure, up front, that
it is a collective that is agreeing to yeah, if we could
actually receive title, that it will allow that community to
grow and flourish in all of those areas.
Senator Cortez Masto. Okay, thank you.
Dr. Petty. You are welcome.
Senator Flake. Dr. Petty, thank you for making this an
efficient hearing.
[Laughter.]
We appreciate the Administration's views on this.
We have received letters on several of these proposals,
including from the Colville Tribes, Contra Costa Water
District, Family Farm Alliance, and Sites Reservoir Project
Joint Powers Authority (JPA). With unanimous consent, these
will be made part of the hearing record.
[The information referred to follows:]
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CONTRA COSTA WATER DISTRICT
Canal Rehabilitation Feasibility Studies
FINAL REPORT -- JUNE 2014
The complete report can be found on the Committee's website
at: https://www.energy.senate.gov/public/index.cfm/2018/6/
subcommittee-on-water-and-power-legislative-hearing-06-13-18.
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Senator Flake. Any additional questions may be submitted
for the record before the close of business tomorrow.
The record will be open for two weeks. We would appreciate
you responding promptly to any questions that come your way.
With the thanks of the Subcommittee, this hearing is now
adjourned.
[Whereupon, at 10:25 a.m. the hearing was adjourned.]
APPENDIX MATERIAL SUBMITTED
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