[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

                               ----------                              

                      WEDNESDAY, JANUARY 12, 2022
                       TUESDAY, FEBRUARY 8, 2022
                       WEDNESDAY, MARCH 16, 2022

                               ----------                              

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                    U.S. GOVERNMENT PUBLISHING OFFICE                    
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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

                              ----------                              

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

                              ----------                              

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

----------
\\ 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

                              ----------                              


                      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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
                               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\
---------------------------------------------------------------------------
    \2\ https://www.swl.usace.army.mil/Missions/Planning/
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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); 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.\\
---------------------------------------------------------------------------
    \\ 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

                              ----------                              


   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\.
---------------------------------------------------------------------------
    \1\ Section 2031, WRDA 2007.
    \2\ GAO Report No. GAO-19-319, (p. 29).
    \3\ Section 110, WRDA 2020.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
                               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\
---------------------------------------------------------------------------
    \2\ https://www.swl.usace.army.mil/Missions/Planning/
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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,
---------------------------------------------------------------------------
    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/
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \1\ See generally, https://www.usace.army.mil/missions.
    \2\ Division AA of Pub. L. 116-260.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \3\ https://transportation.house.gov/committee-activity/issue/
water-resources-development-act-of-2022.
---------------------------------------------------------------------------
    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
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    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \7\ Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \12\ Infrastructure Investment and Jobs Act, P.L. 117-58.
---------------------------------------------------------------------------
    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.


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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\
---------------------------------------------------------------------------
    \1\ https://www.capegazette.com/article/record-9-million-tourists-
come-delaware/151944
    \2\ https://dnrec.alpha.delaware.gov/outdoor-delaware/nourishing-
delawares-beaches/
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \3\ https://infrastructurereportcard.org/state-item/delaware/
    \4\ https://www.americanrivers.org/2022/02/25-dams-to-watch-in-
2022/
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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
---------------------------------------------------------------------------
    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]