[Senate Hearing 117-]
[From the U.S. Government Publishing Office]


 
    ENERGY AND WATER DEVELOPMENT APPROPRIATIONS FOR FISCAL YEAR 2023

                              ----------                              


                        WEDNESDAY, APRIL 6, 2022

                                       U.S. Senate,
           Subcommittee of the Committee on Appropriations,
                                                    Washington, DC.
    The subcommittee met at 10:01 a.m. in room SD-192, Dirksen 
Senate Office Building, Hon. Dianne Feinstein (chairwoman) 
presiding.
    Present: Senators Feinstein, Shaheen, Heinrich, Kennedy, 
Murkowski, and Hyde-Smith.

                       DEPARTMENT DEFENSE--CIVIL

                         Department of the Army

                       Corps of Engineers--Civil

STATEMENT OF MR. MICHAEL CONNOR, ASSISTANT SECRETARY OF 
            THE ARMY (CIVIL WORKS)


             opening statement of senator dianne feinstein


    Senator Feinstein. The Subcommittee on Energy and Water 
Development will come to order.
    Today's hearing will review the President's fiscal year 
2023 Budget Request for the United States Corps of Engineering 
and the Bureau of Reclamation.
    Ranking Member Kennedy and I will each have an opening 
statement. We will then turn to our witnesses to present 
testimony on behalf of the Corps and the Bureau. Each witness 
will be allowed 5 minutes for opening remarks, and of course if 
you need more, I have never seen us not do that. At the 
conclusion of the witnesses' testimony, I will recognize 
Senators for 5 minutes of questions each.
    And I would like to welcome our witnesses. Thank them for 
being here today. They are: Mr. Michael Connor, the Assistant 
Secretary of the Army for Civil Works; Lieutenant General Scott 
Spellmon, the Chief of Engineers for the United States Army 
Corps of Engineers; and Mr. David Palumbo, Deputy Commissioner 
of Operations for the Bureau of Reclamation at the Department 
of Interior.
    I would like to speak for a moment about the Army Corps' 
budget request which cuts more than $1.7 billion from the 
enacted level for the Civil Works Program. That is a 21 percent 
cut. I am particularly disappointed that $1 billion of that is 
to the construction account.
    Last year we passed a Bipartisan Infrastructure Bill. It 
included $17 billion for the Corps of Engineers. The point of 
the bill was to address the backlog in infrastructure funding, 
not replace the regular funding program. The budget request 
undercuts the value of that investment by dramatically cutting 
the construction account.
    So in order to make tangible progress on our infrastructure 
backlog we have got to make some real investments this year. 
And in that regard I really hope that we would have some 
informal conversations among us on this subcommittee, and see 
what we might be able to do because I believe we are really 
going to set back our Nation if we can't have up-to-date 
infrastructure.
    So we will now begin with our witnesses, unless anyone else 
has an opening statement, please go ahead.


                   statement of senator john kennedy


    Senator Kennedy. First, welcome. Thank you for being here. 
Thank you for your service to our country.
    I do have a few remarks that I wanted to make, and bear 
with me, I have got them written down here. I don't usually 
like to do it that way, but I wanted to choose my words 
carefully today.
    At last year's Budget Justification Hearing with respect to 
the Corps and the Bureau of Reclamation, I gave some opening 
remarks as ranking member of the subcommittee, and I showed you 
some images, they are behind me today. I wanted to emphasize 
them again. These are images of what we call HSDRRS, which as 
you know is an acronym for Hurricane and Storm Damage Risk 
Reduction System.
    HSDRRS was and is America's and Louisiana's response to 
Hurricane Katrina which struck New Orleans in--well, struck all 
of South Louisiana, and large parts of Mississippi in 2005. And 
I want to thank you, and I want to thank the American taxpayer, 
and the American people for HSDRRS.
    Today, I just wanted to comment briefly on why I think our 
country can take pride in what I think of as the ingenuity of 
the United States Army Corps of Engineers working on all of its 
projects, but especially with Louisiana's Coastal and 
Restoration Authority which is very important to my State.
    Hurricane Katrina, as we all know, was a cat (category) 5 
hurricane. It hit New Orleans August 29, 2005, not just New 
Orleans it hit all of South Louisiana, it hit all of my friends 
in Mississippi, it caused unprecedented losses, we had 1,800 
fatalities, $125 billion in damage, there was a 28-foot storm 
surge, 85-foot waves. The surge and waves caused, in my State, 
50 major levee breaches of our previous protection system, 
compromised 169 of our systems, 350 miles of levee protection.
    Thirty-four; we have 71 pumping stations in New Orleans, 
which as you know is below sea level, without those pumping 
stations we would flood with every rain except for the French 
Quarter where our founders knew to build on high land; 34 of 
the 71 of our pumping stations were damaged.
    About 80 percent of the City of New Orleans was flooded to 
depths as deep as 15 feet in some areas. I die a little bit 
inside every time I remember the devastation. And I don't want 
to minimize the devastation in the rest of Louisiana as well, 
and in Mississippi.
    Hurricane Katrina left--because the levees broke in New 
Orleans, and it flooded 250 billion gallons of water. It took 
us 53 days to pump it out. In response to hurricane Katrina 
America sent numerous Federal agencies, thank you America, to 
help Louisiana recovery and rebuild. I want to focus on the 
essential role that the U.S. Army Corps of Engineers played in 
that, because we don't talk about it enough.
    In repairing and rebuilding the levees and the flood walls 
that encircle the New Orleans metropolitan area, not just New 
Orleans, the area surrounding as well, because I don't want to 
minimize the damage to anyone. The Corps incorporated lessons 
learned and recommendations from international experts. You 
talk to scientific organizations, you talk to other government 
agencies, you talk to the private sector, and we all studied 
the system failure.
    From this collaborative knowledge base, and its work with 
the Louisiana Coastal Protection and Restoration Authority in 
my State, we are trying to do our part, these engineering 
accomplishments include: The Corps strengthening the levees, 
the flood walls, the gated structures, the pump stations that 
form the 133-mile Greater New Orleans area perimeter system 
that encircles this part of my State. And you can see some of 
your good work here.
    The Corps improved approximately hundreds--I am sorry--70 
miles of interior risk reduction structures within the levee 
that encircles the New Orleans Metropolitan region. Among the 
Corps' technically advanced engineering solutions, HSDRRS now 
includes a surge barrier wall that is 1.8 miles long. It is an 
engineering marvel. It is the largest design, built Civil Works 
project in your history one of the--maybe the largest in 
America's history.
    HSDRRS also includes the largest drainage pump station in 
the world, HSDRRS works, and has already spared lives and 
property, save taxpayers millions of dollars in my area from 
expensive storm recovery.
    Last year Hurricane Ida hit us, a category 4 storm. It hit 
Southeast Louisiana, its surge would have overtopped our levees 
before your good work, and additionally, there would have been 
overtopping along the inner navigation--Inner Harbor Navigation 
Canal Corridor if the HSDRRS surge barrier had not been in 
place. This would have flooded, gutted St. Bernard Parish, 
Orleans Parish, and I want, well, all of us to be mindful of 
that.
    I am almost done Madam Chair. I am sorry I talk slow.
    On May 26, the U.S. Army Corps of Engineers will be 
conducting an official ceremony at the surge barrier just 
outside of New Orleans. I am going to try to be there. The 
purpose will be turning over the HSDRRS system to Louisiana 
authorities who will--we will now operate it with your 
guidance. And I understand that Corps of Engineers' principals 
will be leading and participating in these ceremonies. We will 
have many State and local officials there. We will have many, 
many, many grateful Louisianans.
    And I intend to be present, and I would like to ask the 
members of this committee to join me. I want you to all come to 
New Orleans and see this engineering marvel that the Corps of 
Engineers constructed, and the American people, who are the 
most generous people in the history of the world, paid for.
    So I will be in touch. If you are interested in coming to 
Louisiana for May 26, we would love to have you. This project 
will take your breath away. Thank you, Madam Chair.
    Senator Feinstein. And I thank you Senator. Are there any 
other comments from the dais? If not, we will proceed with the 
witnesses.
    We will hear from Assistant Secretary Connor, followed by 
Lieutenant General Scott Spellmon, then Deputy Commissioner 
Palumbo.
    So Mr. Secretary, we are ready for you.


               summary statement of mr. michael l. connor


    Mr. Connor. Thank you Madam Chairman. Chair Feinstein 
Ranking Member Kennedy and distinguished members of the 
committee, thank you for the opportunity to discuss the 
President's Budget Request for the Army Civil Works Program.
    The fiscal year 2023 budget request includes $6.6 billion 
for the Civil Works program. It is focused on smart investments 
that are focused on yielding high economic and environmental 
returns, increasing resilience to climate change, and 
decreasing climate risk for communities and aquatic ecosystems 
based on the best available science, supporting a strong 
economy by facilitating safe, reliable, and sustainable 
commercial navigation, and promoting environmental justice, and 
investing in disadvantaged communities that have been too often 
left behind.
    Sorry about that. There we go.
    With this budget the Army will continue working with 
community partners to develop, manage, restore, and protect our 
Nation's precious water resources, particularly as it relates 
to the three main missions of the Army Civil Works Program: 
commercial navigation, flood protection and storm damage 
reduction, and aquatic ecosystem restoration.
    With respect to disadvantaged communities, the 
administration has set a goal that 40 percent of the overall 
benefits of Federal investments in climate and clean energy 
investments flow to disadvantaged communities, the Justice40 
Initiative. Actions in this area include an examination of the 
activities of key programs to determine whether benefits have 
accrued to disadvantaged communities.
    There are also funds to one, improve access to Civil Works' 
technical assistance programs, and to develop projects that 
benefit disadvantaged communities. And two, ensure any updates 
to Civil Works policies and guidance will not result in a 
disproportionate negative impact on disadvantaged communities.
    The fiscal year 2023 budget also continues the process of 
addressing the climate crisis and evaluating the Civil Works 
programs to identify appropriate actions to support the 
administration's efforts to tackle the climate crisis at home 
and abroad.
    The budget includes well over $1 billion to support the 
Corps of Engineers' climate resiliency efforts and reduce the 
risk of damages from floods and storms, and restore the 
Nation's aquatic ecosystems. These efforts include 
incorporating natural and nature-based features--infrastructure 
solutions wherever possible.
    Investments include $974 million for construction of flood 
and storm damage reduction in aquatic ecosystem restoration 
projects, over $90 million to improve the resilience of Corps 
infrastructure to climate change, and $37.4 million for 
technical and planning assistance programs with an emphasis on 
work to help local communities identify and address their flood 
risks.
    The budget also includes funding to continue studies to 
investigate climate resilience in numerous areas such as the 
Great Lakes coast, as well as Central and Southern Florida.
    Let me highlight some specific allocations. In support of 
this administration's commitment to our Nation's coastal ports 
and inland waterways, critical links in the Nation's supply 
chains, the fiscal year 2023 budget includes over $3 billion 
for the study, construction, and operation, and maintenance of 
inland and coastal navigation projects.
    These funds will be used in conjunction with the $465 
million provided in the Bipartisan Infrastructure Plan for the 
maintenance and repair of existing navigation harbors, 
channels, and navigation locks and dams on the Nation's ports 
and waterways.
    The budget proposes to drive over $1.7 billion from the 
Harbor Maintenance Trust Fund for eligible projects with an 
emphasis on O&M (operation and maintenance), including 
dredging, of completed projects.
    The budget also contains over $1.5 billion for flood and 
storm damage reduction, including an increase in funding for 
technical and planning assistance to local communities. The 
budget proposes to assist these local efforts with emphasis on 
non-structural approaches.
    The budget includes $624 million for aquatic ecosystem 
restoration, including $407 million for the South Florida 
Ecosystem Restoration Program, in addition to the $1.1 billion 
allocated to South Florida Ecosystem Restoration and the 
Bipartisan Infrastructure Spend Plan. Together, these 
investments will enable significant progress in restoring 
America's everglades.
    Significantly, the budget provides more than $1.2 billion 
in the construction account, the construction program uses 
objective, performance-based guidelines to allocate funding 
toward the highest performing economic environmental, and 
public safety investments.
    The fiscal year 2023 budget provides nearly $2.6 billion in 
O&M account. For O&M, the budget emphasizes maintaining and 
improving the performance of existing projects. The allocation 
of funding among projects for maintenance reflects a risk-
informed approach that considers both project conditions and 
the potential consequences of a failure. Of note, the fiscal 
year 2023 budget includes $106 million in the investigations 
account which highlights the ongoing need in many communities 
to develop new projects.
    Finally, the fiscal year 2023 regulatory program is funded 
at $210 million to protect the Nation's water and wetlands, and 
provide efficiency in permit processing.
    I am honored to implement the President's priorities 
through the Army Civil Works programs. I look forward to your 
questions. Thank you.
    [The statement follows:]
              Prepared Statement of Mr. Michael L. Connor
    Chairwoman Feinstein, Ranking Member Kennedy and distinguished 
members of the committee, thank you for the opportunity to be here 
today to discuss the transformational investments of the President's 
Budget request for the Army Civil Works program.
    The fiscal year 2023 Budget request includes $6.6 billion for the 
Army Civil Works program. These investments continue to focus on 
yielding high economic and environmental returns; helping communities 
to reduce their risks and adapt to climate change, and restoring 
aquatic ecosystems in ways that will make them more sustainable and 
more resilient to climate change, based on the best available science; 
supporting a strong economy by facilitating safe, reliable and 
sustainable commercial navigation; and promoting environmental justice 
and investing in disadvantaged communities that have too often been 
left behind. The Army will continue working with community partners to 
develop, manage, restore, and protect our Nation's precious water 
resources.
    We believe in smart investments that improve the durability of our 
water management resources; and moving to a more sustainable posture 
for our water resources all across America.
    The Administration has also set a goal that 40 percent of the 
overall benefits of Federal investments in climate, 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.
    The Budget focuses on the highest performing work within the three 
main missions of the Army Civil Works program:
  --commercial navigation,
  --flood and storm damage reduction, and
  --aquatic ecosystem restoration.
    In developing the Budget, we gave consideration to advancing two 
key objectives including: (1) increasing infrastructure and ecosystem 
resilience to climate change and decreasing climate risk for 
communities based on the best available science; and (2) promoting 
environmental justice in disadvantaged communities in line with 
Justice40 and creating good paying jobs that provide the free and fair 
chance to join a union and collectively bargain.
    The fiscal year 2023 Budget continues the process of addressing the 
climate crisis and evaluating the Civil Works program to identify 
appropriate actions to support the Administration in tackling the 
climate crisis at home and abroad. The Budget includes over $1 billion 
to support U.S. Army Corps of Engineers (Corps) climate resiliency 
efforts and reduce the risk of damages from floods and storms and 
restore the Nation's aquatic ecosystems. Investments include $974 
million for construction of flood and storm damage reduction and 
aquatic ecosystem restoration projects, over $90 million to contribute 
to climate resilience efforts such as improving the resilience of Corps 
infrastructure to climate change, and $37.4 million for technical and 
planning assistance programs with emphasis on work to help local 
communities identify, understand, and address their flood risks 
including work that would directly benefit disadvantaged communities by 
improving their resilience to climate change. The Budget also includes 
funding to continue studies intended to investigate climate resilience 
along the Great Lakes coast as well as in Central and Southern Florida.
    The Army is also committed to securing environmental justice and 
spurring economic opportunity for disadvantaged communities that have 
been historically marginalized and overburdened by pollution and 
experience underinvestment in essential services. The Army is actively 
working, along with other Federal agencies, towards ensuring 40 percent 
of the benefits of climate and clean energy investments are directed to 
disadvantaged communities. These actions include an examination of the 
activities of key programs to determine whether those programs' 
benefits have accrued to disadvantaged communities. The fiscal year 
2023 Budget includes funds to--(1) improve outreach and access to Civil 
Works information and resources; (2) improve access to Civil Works 
technical assistance programs (e.g., Planning Assistance to States and 
Floodplain Management Services) and maximize the reach of Civil Works 
projects to benefit disadvantaged communities, in particular as it 
relates to climate resiliency; and, (3) ensure any updates to Civil 
Works policies and guidance will not result in a disproportionate 
negative impact on disadvantaged communities.
    The Administration's America the Beautiful initiative sets a goal 
of conserving at least 30 percent of America's lands and waters by 
2030. The fiscal year 2023 Budget includes funds to advance this goal 
at Army Corps-owned projects by creating safe outdoor opportunities in 
nature-deprived communities, supporting Tribally led conservation and 
restoration priorities, expanding collaborative conservation of fish 
and wildlife habitats and corridors, and increasing access for outdoor 
recreation.
    In support of this Administration's commitment to our Nation's 
coastal ports and inland waterways, the fiscal year 2023 Budget 
includes over $3 billion for the study, design, construction, operation 
and maintenance (O&M) of inland and coastal navigation projects. These 
funds will be used in conjunction with the $465 million provided in the 
Bipartisan Infrastructure Deal Spend Plan for fiscal year 2023 for the 
maintenance and repair of existing navigation harbors, channels, and 
navigation locks and dams on the Nation's ports and waterways that 
support commercial navigation.The Budget proposes to derive over $1.7 
billion from the Harbor Maintenance Trust Fund for eligible projects 
with an emphasis on operation and maintenance, including dredging, of 
completed projects.
    The Budget contains over $1.5 billion for flood and storm damage 
reduction, including an increase in funding for technical and planning 
assistance to local communities to enable them to understand and to 
better manage their flood risks. The Budget proposes to assist these 
local efforts, with emphasis on non-structural approaches.
    The Budget includes $624 million for aquatic ecosystem restoration, 
including $407 million for the South Florida Ecosystem Restoration 
(SFER) program, in addition to the $1.1 billion allocated to the SFER 
program in the Bipartisan Infrastructure Deal Spend Plan, which 
together will enable significant progress in restoring this valuable 
ecosystem.
    The Budget supports a Civil Works program that has a diverse set of 
tools and approaches to working with local communities, whether this 
means funding projects with our cost-sharing partners, providing 
planning assistance and technical expertise to help communities make 
better risk-informed decisions, or participating in the national and 
international conversations on how to best address our water resources 
challenges.
    The Budget also focuses on maintaining the vast water resources 
infrastructure that the Corps owns and manages, and on finding 
innovative ways to rehabilitate it or divest it to others.
    The fiscal year 2023 Budget provides more than $1.2 billion in the 
construction account. The construction program uses objective, 
performance-based guidelines to allocate funding toward the highest 
performing economic, environmental, and public safety investments.
    The fiscal year 2023 Budget includes $50 million in Construction 
funds for the Innovative Funding Partnership program, which supports 
Corps efforts to accelerate and improve the delivery of water resources 
projects through greater non-Federal participation, and by removing 
barriers that prevent State, local, and private parties from moving 
forward with investments that they deem priorities.
    The fiscal year 2023 Budget provides nearly $2.6 billion in the O&M 
account. For O&M, the Budget emphasizes maintaining and improving the 
performance of existing projects. The allocation of funding among 
projects for maintenance reflects a risk-informed approach that 
considers both project and project component conditions and the 
potential consequences of a failure. The Budget gives priority to the 
maintenance of coastal ports and inland waterways with the highest 
commercial traffic. The Budget also includes $60 million for operation 
and maintenance work to mitigate for adverse impacts from the operation 
of existing Army Corps-owned projects and $20 million to install the 
necessary refueling infrastructure to support zero-emission vehicles at 
existing Army Corps-owned projects.
    The fiscal year 2023 Budget includes $106 million in the 
Investigations account.
    The fiscal year 2023 Regulatory Program is funded at $210 million 
to protect the nation's waters and wetlands and provide efficiency in 
permit processing.
    I am very honored to implement the President's priorities for the 
Army Civil Works program. I'm excited to be a part of a great team--
serving our Nation.
    Thank you for inviting me here today. I look forward to your 
questions.
STATEMENT OF LIEUTENANT GENERAL SCOTT A. SPELLMON, 
            CHIEF OF ENGINEERS AND COMMANDING GENERAL 
            U.S. ARMY CORPS OF ENGINEERS
    General Spellmon. Chairwoman Feinstein, Ranking Member 
Kennedy, and distinguished members of the subcommittee, I am 
also honored to testify before you today. And thank you for the 
opportunity to discuss the fiscal year 2023 budget of the U.S. 
Army Corps of Engineers, another record investment in our Civil 
Works Program.
    And Senator Kennedy I should just thank you up front for 
your very kind words about the Corps. I think we all know that 
we did not do this alone, a lot of talented engineers and 
scientists in the State of Louisiana helped us deliver that 
system, and looking forward to 26 May, where we can finally cut 
the ribbon.
    But today I look forward to discussing the status of 
important Corps projects and programs, as well as answering any 
questions the committee may have regarding the 2023 budget. 
Most importantly I look forward to continuing to work with this 
committee, all of Congress, and the administration to address 
the Nation's water resource infrastructure needs.
    We greatly appreciate the committee's continued support of 
the Corps' program. With recent supplemental appropriations, 
including the Hurricane Ida Disaster Relief Supplemental, the 
Infrastructure Investment and Jobs Act, and continued record-
high annual appropriations, the Corps Civil Works Program has 
experienced significant growth over the past several years.
    This substantial level of investment enables critical water 
resource infrastructure to be studied, and constructed, and 
also helps with developing innovating approaches to address 
some of our most pressing needs through a focused research and 
development program.
    The fiscal year 2023 budget reflects a targeted approach to 
continue investing in our water resources programs to promote 
climate resiliency, which will benefit the Nation's economy, 
environment and public safety now and well into the future.
    The budget also supports the Secretary's priorities for the 
Corps by upgrading our Nation's waterways, protecting 
communities and ecosystems, better serving disadvantaged 
communities, investing in science and research and development, 
and finally, sustaining and improving our communications and 
our relationships with partners and communities.
    The 2023 budget, taken with other recent funding, provides 
the Corps with what the Secretary calls, a transformational 
opportunity to deliver water resource infrastructure projects 
that will positively impact communities across our great 
Nation.
    So we are also taking advantage of this opportunity to 
transform our organization and our decisionmaking processes to 
safely deliver quality projects on time, and within budget. We 
are also taking deliberate steps to proactively identify risk 
to the execution of our program, then developing measures to 
reduce, resolve, or eliminate those risks.
    By evolving our policies, programs, and operations, and 
placing increased focus on research and development, we are 
working to overcome impacts of sea level rise, changes to 
precipitation patterns, and hydrology, and other effects of 
climate change, including improvement to the resilience of our 
own Corps operated infrastructure.
    I will conclude by saying the Corps does not accomplish 
anything on its own, we draw upon our engineering expertise, 
and build upon our partnerships with our non-Federal partners, 
project stakeholders, and Congress to enable us to succeed.
    I look forward to continuing our great collaboration, as we 
continue to take on the challenges that face us today, and 
those of tomorrow.
    And thank you again Chairwoman Feinstein, Ranking Member 
Kennedy, and members of the subcommittee. I look forward to 
answering any questions you may have.
    [The statement follows:]
       Prepared Statement of Lieutenant General Scott A. Spellmon
    Chairwoman Feinstein, Ranking Member Kennedy, and Members of the 
Subcommittee, I am honored to testify before your committee today, 
along with the Honorable Michael Connor, Assistant Secretary of the 
Army for Civil Works, regarding the President's Fiscal Year 2023 (FY 
2023) Budget (Budget) for the Army Civil Works Program.
    Through the Civil Works program, the United States Army Corps of 
Engineers (Corps) works with other Federal agencies, and with State, 
Tribal, and local agencies, as well as others, to develop, manage, 
restore, and protect water resources, primarily through the study, 
construction, and operation and maintenance of water-related 
infrastructure projects. The Corps focuses on work that provides the 
highest economic, environmental, and public safety returns to the 
Nation. The Corps also regulates development in waters of the United 
States and works with other Federal agencies to help communities 
respond to, and recover from, floods and other natural disasters. The 
Fiscal Year 2023 Budget invests in improving the Nation's water 
infrastructure, including at U.S. coastal ports, while incorporating 
climate resilience efforts into the Corps' commercial navigation, flood 
and storm damage reduction, and aquatic ecosystem restoration work.
    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. I am committed to the Secretary's priorities for the Army Civil 
Works program, including investing in the Nation's coastal ports and 
inland waterways to facilitate waterborne transportation and strengthen 
economic growth; helping communities to reduce their risks and adapt to 
climate change; restoring aquatic ecosystems in ways that will make 
them more sustainable and more resilient to climate change; modernizing 
the Civil Works program to better serve the needs of disadvantaged 
communities; investing in science, research, and development to deliver 
enduring water-resource solutions; and strengthening communications and 
relationships to solve water resource challenges. I am absolutely 
focused on ensuring that we deliver studies and finish quality projects 
safely, on time, and within budget. 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.
    The Corps' Military program also continues our work across the 
globe with a presence in more than 110 countries supporting national 
security and our Combatant Commanders.
                   summary of fiscal year 2023 budget
    The Civil Works program is performance-based. It uses a targeted 
approach to invest in our water resources and promote climate 
resiliency, which will benefit the Nation's economy, environment, and 
public safety--now and in the future. With the requested funds, the 
Corps will emphasize investments in high return projects; increasing 
resiliency to climate change; facilitating safe, reliable, and 
sustainable commercial navigation; and accelerating and improving 
delivery of water resource projects.
    The Corps focuses on high-performing projects and programs within 
its three main water resources missions: commercial navigation, flood 
and storm damage reduction, and aquatic ecosystem restoration. The 
Budget includes $6.601 billion in discretionary funding for Civil Works 
activities throughout the Nation.
                             investigations
    For the Corps Investigations program, the Fiscal Year 2023 Budget 
includes $105.9 million in the Investigations account and $9.75 million 
in the Mississippi River and Tributaries account. The Corps uses these 
funds to evaluate water resources problems and opportunities, design 
projects within the three main Civil Works mission areas, and support 
related work. The Budget also supports planning assistance and 
technical assistance programs, where the Corps shares its expertise 
with local communities to help them identify and understand their water 
resources problems and helps them to develop options including ways 
that they can increase their resilience to and preparedness for flood 
risks.
                              construction
    For the Corps Construction program, the Budget includes $1.221 
billion in the Construction account and $66.7 million in the 
Mississippi River and Tributaries account.
    The goal of the Civil Works program is to produce as much value as 
possible for the Nation from the available funds. Projects are 
primarily funded based on their economic, environmental and safety 
returns. The selection process includes giving priority to investments, 
on a risk-informed basis, in dam safety assurance, seepage control, and 
static instability correction work at dams that the Corps owns and 
operates, and work to address significant risk to human safety, as well 
as construction of dredged material disposal facilities for high and 
moderate use segments of commercial deep-draft, shallow-draft, and 
inland waterways projects. In developing the Fiscal Year 2023 Budget, 
we also gave consideration to projects that provide climate change 
benefits to disadvantaged communities.
    The Budget provides $407 million for the South Florida Everglades 
Restoration (SFER) program, which includes the Everglades. This amount, 
as well as the $1.1 billion included in the Infrastructure Investment 
and Jobs Act Spend Plan, will enable significant progress on 
restoration of this unique ecosystem. The Budget funds four projects to 
completion: (1) Chickamauga Lock, Tennessee River, TN; (2) Corpus 
Christi Ship Channel, TX (Main Channel and Barge Lanes); (3) American 
River Common Features, Natomas Basin, CA; and (4) Pipestem Lake, ND.
                    operation and maintenance (o&m)
    All structures age and can deteriorate over time, causing a 
potential decline in reliability. As stewards of a large portfolio of 
water resources projects, the Corps is working to sustain the benefits 
that the key features of this infrastructure provide.
    The Corps continues to improve the efficiency and effectiveness of 
the operation and maintenance of its large portfolio of water resources 
projects. The Corps does so by targeting its investments in 
infrastructure maintenance, repair, and rehabilitation on a risk-
informed basis. It invests in the highest priority needs with emphasis 
on the key features of the infrastructure that the Corps owns and 
operates, and in work that will reduce long-term O&M costs in real 
terms.
    Generally, the O&M program supports completed works owned or 
operated by the Corps, including operation and maintenance of locks and 
dams along the inland waterways; maintenance dredging of inland and 
coastal Federal channels; operation and maintenance of multi-purpose 
dams and reservoirs for flood risk reduction and related purposes such 
as hydropower; monitoring of completed navigation and flood damage 
reduction projects; and management of Corps facilities and associated 
lands, including serving as a responsible steward of the natural 
resources on Corps lands.
    For the Corps O&M program, the Budget includes $2.599 billion in 
the Operation and Maintenance account, $1.704 billion in the Harbor 
Maintenance Trust Fund, and $148.5 million in the Mississippi River and 
Tributaries account. These funds will be used in conjunction with the 
$1 billion provided in the Infrastructure Investment and Jobs Act for 
fiscal year 2023 for operation and maintenance work, including $465 
million for the maintenance and repair of existing navigation harbors, 
channels, and navigation locks and dams on the Nation's ports and 
waterways that support commercial navigation.
                           regulatory program
    Through the Regulatory program, the Corps protects the Nation's 
waters including wetlands, and regulates development that could impede 
navigation, while allowing reasonable development to proceed. The 
Budget proposes the necessary level of funding for the Regulatory 
program to enable the Corps to protect and preserve these water 
resources. The Fiscal Year 2023 Budget provides $210 million for this 
program.
                          reimbursable program
    Through the Interagency and International Services (IIS) 
Reimbursable program, the Corps assists other Federal agencies, State, 
local, Tribal governments, and those of other countries with timely, 
cost-effective solutions where these partners do not have the 
capability to act as their own design and construction agent. The work 
is principally technical oversight and management of engineering, 
environmental, and construction projects is financed by the partners we 
service. We only accept agency requests that are consistent with our 
core technical expertise, in the national interest, and that can be 
executed without impacting our primary mission areas.
                          emergency management
    The Fiscal Year 2023 Budget includes $35 million in funding for the 
Flood Control and Coastal Emergencies account to enable the Corps to 
prepare for emergency operations in response to natural disasters. The 
Budget for the emergency management program also includes $5.5 million 
for the National Emergency Preparedness Program.
                               conclusion
    The Fiscal Year 2023 President's Budget for the Army Civil Works 
Program represents a continuing, fiscally prudent investment in the 
Nation's water resources infrastructure and restoration of aquatic 
ecosystems. The Army is committed to a performance-based Civil Works 
program, based on innovative, resilient, and sustainable risk-informed 
solutions.
    Thank you, Madam Chairwoman and Members of Subcommittee. This 
concludes my statement. I look forward to answering any questions you 
and other Members of the Subcommittee may have.

                       DEPARTMENT OF THE INTERIOR


                         Bureau of Reclamation

STATEMENT OF MR. DAVID PALUMBO, DEPUTY COMMISSIONER
    Mr. Palumbo. Thank you Chair Feinstein, Ranking Member 
Kennedy, and members of the subcommittee, for the opportunity 
to discuss the President's budget for the Bureau of 
Reclamation. I am David Palumbo, Acting Commissioner.
    The Bureau of Reclamation is the largest supplier and 
manager of water in the Nation, and the second-largest producer 
of hydropower. Reclamation's working relationship with the 
subcommittee has helped us address both long-standing and 
emerging challenges in the West. Addressing drought resilience, 
water security, climate change adaptation, ecosystem health, 
and issues of equity are essential, as are the continuing needs 
of securing, maintaining, and modernizing our Nation's water 
infrastructure.
    We have a generational opportunity to couple our fiscal 
year 2023 $1.4 billion budget with that of the Bipartisan 
Infrastructure Law, to put money to work on the ground to 
advance these vital needs for the American people.
    At the outset I would like to acknowledge the significant, 
expansive, and persistent drought. In most western watersheds 
there have been successive and compounding years of drought, 
exacerbating the dire conditions on the ground, increasing 
temperatures, increased evapotranspiration which decreases soil 
moisture, and ultimately decreases runoff which negatively 
impacts available renewable, freshwater resources.
    These hydrologic conditions have resulted in the need to 
make difficult decisions. Many water users, power contractors, 
Tribes, and related communities have had to make significant 
sacrifices. In the Colorado River Basin we are in the 23rd year 
of drought. Last month we dropped less than 35 feet above 
minimum power pool at Glen Canyon Dam, with minimum power pool 
being the lowest point where we can generate hydropower at this 
critical facility, which provides carbon-free energy, 
electrical grid stability, and support for other renewables, 
like wind and solar.
    We have not been at this elevation since Lake Powell was 
being initially filled nearly 6 decades ago. In California's 
Central Valley we are in our third consecutive, critically dry 
year. We have had to issue a 0 percent allocation to irrigation 
water service contractors, and last Friday we had to reduce 
water allocations to municipal and industrial contractors from 
25 percent to minimum health and safety levels.
    These types of situations highlight the need for immediate 
actions as well as thoughtful planning and on-the-ground work 
to make both our infrastructure and operational decisions more 
resilient to withstand future water resource scarcity and 
variability.
    Reclamation's budget priorities reflect a commitment to 
drought planning and response activities to promote water 
security. Appropriately, this budget request acknowledges the 
need to continue to develop and deploy science-based drought 
and climate change adaptation strategies. Reclamation's 
WaterSMART and science and technology programs directly 
contribute to these administration priorities.
    Reclamation must also plan for the future of its 
infrastructure. Reclamation's dams and reservoirs, water 
conveyance systems, and power generating facilities serve as a 
water and power infrastructure backbone of the American West. 
However, as with all infrastructures, these features are aging 
and are in need of critical maintenance.
    For example, in California we are about to embark on our 
largest dam safety construction project ever, at B.F. Sisk Dam. 
Our fiscal year 2023 dam safety request of $210 million not 
only addresses this project in California, but also projects in 
Wyoming, Oregon, New Mexico, Washington and other locations.
    We were able to leverage this funding to address more west-
wide needs in an accelerated manner due to the $500 million in 
Bipartisan Infrastructure Bill (BIL) funding, and $100 million 
of which was allocated for B.F. Sisk Dam in fiscal year 2022. 
However, it is not sufficient to address infrastructure needs 
without also considering economic inequities, the needs of 
underserved communities, and environmental justice.
    Reclamation is establishing and rebuilding water 
infrastructure for underserved populations by ensuring that 
clean drinking water is reliably provided to communities. Our 
budget includes funding for Reclamation's Native American 
Affairs Program to enhance our technical assistance to Tribes, 
and includes funding for Reclamation's Rural Water Program.
    As with our Dam Safety Program, our Rural Water Program 
leverages $1 billion in BIL funding to accelerate completion of 
these long-needed projects. The Bureau of Reclamation remains 
committed to working with Congress, and our operating partners 
and stakeholders in carrying out our mission and responsibly 
planning for the future.
    The challenge of drought and climate change demands such 
action and the need for broader economic development and more 
equitable outcomes do as well.
    I again thank the subcommittee. And I am happy to answer 
any questions.
    [The statement follows:]
                  Prepared Statement of David Palumbo
    Thank you, Chairwoman Feinstein, Ranking Member Kennedy, and 
members of the Subcommittee for the opportunity to discuss with you the 
President's Fiscal Year (FY) 2023 Budget for the Bureau of Reclamation. 
I am David Palumbo, Acting Commissioner for the Bureau of Reclamation.
    The Bureau of Reclamation is the largest supplier and manager of 
water and the second largest producer of hydroelectric power in the 
Nation. Reclamation manages water for agriculture, municipal and 
industrial use, the environment, and provides flood control and 
recreation for millions of people. Reclamation's activities, including 
recreation benefits, support economic activity valued at $66.6 billion, 
and support approximately 472,000 jobs. Reclamation delivers 10 
trillion gallons of water to more than 31 million people each year and 
provides water for irrigation of 10 million farmland acres, which 
yields approximately 25 percent of the Nation's fruit and nut crops, 
and 60 percent of the vegetable harvest.
    Reclamation's fundamental mission and programs--modernizing and 
maintaining infrastructure, conserving natural resources, using science 
and research to inform decisionmaking, serving underserved populations, 
and staying as nimble as possible in response to the requirements of 
drought and a changing climate--position it as an exemplar for the 
Biden-Harris Administration's core tenets. The Bureau of Reclamation's 
fiscal year 2023 budget provides the foundation to meet our mission, 
and to manage, develop, and protect water resources, consistent with 
applicable State and Federal law, and in a cost-effective and 
environmentally responsible manner in the interest of the American 
public. Reclamation remains committed to working with a wide range of 
stakeholders, including water and power customers, Tribes, State and 
local officials, and non-governmental organizations, to meet its 
mission.
    Reclamation is requesting a total of $1,414,225,000 in Federal 
gross discretionary appropriations. Of the discretionary total, 
$1,270,376,000 is for the Water and Related Resources account, which is 
Reclamation's largest account, $65,079,000 is for the Policy and 
Administration account, and $33,000,000 is for the California Bay Delta 
account. A total of $45,770,000 is budgeted for the Central Valley 
Project Restoration Fund, to be offset by expected discretionary 
receipts in the amounts collected during the fiscal year. These 
appropriations will complement the funding Reclamation received from 
the Bipartisan Infrastructure Law, which is allocated pursuant to 
statute in the amount of $1.66 billion in fiscal year 2023. Following 
are some focus areas and highlights of Reclamation's Fiscal Year 2023 
Budget request.
    Racial and Economic Equity: Activities to Support Underserved 
Communities, Tribal Programs & Tribal Water Rights Settlements: 
Reclamation advances racial equity and assistance to underserved 
communities through investments in Tribal water rights settlements, 
continuation of the Native American Affairs technical assistance 
program, rural water projects, and investments in specific projects for 
underserved communities. The Bipartisan Infrastructure Law also invests 
very substantial portions of its funding to underserved populations and 
Tribal communities as described later in my testimony.
    The fiscal year 2023 discretionary request includes $20.0 million 
for the Native American Affairs program to work with and support Tribes 
in the resolution of their water rights claims and to develop 
sustainable water sharing agreements and build Tribal technical 
capacity. This funding will also strengthen Department-wide 
capabilities to achieve an integrated and systematic approach to Indian 
water rights negotiations to consider the full range of economic, 
legal, and technical attributes of proposed settlements. Finally, 
funding also supports Reclamation efforts for Tribal nations by 
supporting many activities across the Bureau, including rural water 
projects, the Yakima River Basin Water Enhancement Project, activities 
of the Klamath Project, and the Lahontan Basin project, among others.
    Conservation and Climate Resilience: Reclamation's projects address 
the Administration's priorities for conservation and climate resilience 
through funding for the WaterSMART program, funding to secure water 
supplies to wildlife refuges, and funding for proactive efforts through 
providing sound climate science, research and development, water 
security, drought resilience, and clean energy.
    The WaterSMART Program serves as the primary contributor to 
Reclamation's/Interior's Water Conservation Priority Goal. Since 2010, 
projects funded under the Water Conversation Program, including 
WaterSMART Grants, Title XVI (Water Recycling and Reuse Program), 
California Bay-Delta Program, Yakima River Basin Water Enhancement 
Project, and the Desalination construction program are expected to 
achieve more than 1.4 million acre-feet of water savings each year once 
completed.
    Through WaterSMART, Reclamation works cooperatively with States, 
Tribes, and local entities as they plan for and implement actions to 
address current and future water shortages, including drought; degraded 
water quality; increased demands for water and energy from growing 
populations; environmental water requirements; and the potential for 
decreased water supply availability due to climate change, drought, 
population growth, and necessary water requirements for environmental 
values. This includes cost-shared grants for water management 
improvement projects; watershed resilience projects; the Basin Study 
Program; and drought planning and implementation actions to proactively 
address water shortages. The fiscal year 2023 request includes $62.4 
million for the WaterSMART Program.
    Climate Science: Reclamation's fiscal year 2023 budget for Research 
and Development (R&D) programs includes $25.3 million for both Science 
and Technology, and Desalination and Water Purification Research--both 
of which focus on Reclamation's mission of water and power deliveries. 
Climate change adaptation is a focus of Reclamation's R&D programs, 
which produce climate change science, information and tools that 
benefit adaptation, and by yielding climate-resilient solutions to 
benefit management of water infrastructure, hydropower, environmental 
compliance, and water management.
    The Desalination and Water Purification Research program addresses 
drought and water scarcity impacts caused by climate change by 
investing in desalination and water treatment technology development 
and demonstrations for the purpose of more effectively converting 
unusable waters to useable water supplies. The Science and Technology 
program invests in innovation to address the full range of technical 
issues confronting Reclamation water and hydropower managers, including 
the Snow Water Supply Forecasting Program that aims to improve water 
supply forecasts through enhanced snow monitoring and water management 
to address the impacts of drought and a changing climate.
    Modernizing and Maintaining Infrastructure: Reclamation's water and 
power projects throughout the western United States provide water 
supplies for agricultural, municipal, and industrial purposes. 
Reclamation's projects also produce hydropower and maintain ecosystems 
that support fish and wildlife, hunting, fishing, and other recreation, 
and strengthen rural economies.
    Dam Safety: Reclamation manages 487 dams throughout the 17 Western 
States. Reclamation's Dam Safety Program has identified 360 high and 
significant hazard dams. Through constant monitoring and assessment, 
Reclamation strives to achieve the best use of its limited resources to 
ensure dam safety and maintain our ability to store and divert water 
and to generate hydropower. Although some pending infrastructure 
priorities will be addressed through the Bipartisan Infrastructure Law, 
additional priorities exist and the fiscal year 2023 budget request 
includes $210.2 million for the Dam Safety Program.
    The Dam Safety Program helps ensure the safety and reliability of 
Reclamation dams to protect the downstream public. Approximately 50 
percent of Reclamation's dams were built between 1900 and 1950, and 
approximately 90 percent of the dams were built before adoption of 
currently used, state-of-the-art design and construction practices. 
Reclamation continuously evaluates dams and monitors performance to 
ensure that risks do not exceed the Federal Guidelines for Dam Safety 
Risk Management and the Public Protection Guidelines. The Dam Safety 
Program represents a major funding need over the next 10 years, driven 
largely by necessary repairs at B.F. Sisk Dam in California. The B.F. 
Sisk Dam is a key component of the Central Valley Project and 
California's State Water Project, providing 2 million acre-feet of 
State and Federal water storage south of the California Sacramento-San 
Joaquin River Delta. Reclamation is modifying the dam to reduce the 
risk of potential failure resulting from potential overtopping in 
response to a seismic event, using the most current science and 
technology to develop an adaptive and resilient infrastructure. In 
addition to B.F. Sisk, Reclamation has identified 19 additional 
projects with anticipated modification needs through 2030.
    The budget also requests $96 million for specific Extraordinary 
Maintenance (XM) activities across Reclamation in fiscal year 2023. 
This request is central to mission objectives of operating and 
maintaining projects to ensure delivery of water and power benefits. 
Reclamation's XM request relies on condition assessments, condition/
performance metrics, technological research and deployment, and 
strategic collaboration to better inform and improve the management of 
its assets and deal with its infrastructure maintenance challenges.
    Renewable Energy: Reclamation owns 78 hydroelectric power plants. 
Reclamation operates 53 of those plants to generate approximately 15 
percent of the hydroelectric power produced in the United States. Each 
year on average, Reclamation generates about 40 million megawatt hours 
of electricity and collects over $1.0 billion in gross power revenues 
for the Federal Government.
    Reclamation's fiscal year 2023 budget request includes $5 million 
to increase Reclamation's hydropower capabilities and revenue from 
existing public infrastructure and reduce project operating costs 
(e.g., water and power delivery costs). Revenues derived from 
hydropower production are invested in the underlying public 
infrastructure to ensure continued, reliable operations and benefits.
    Section 70101 of the Bipartisan Infrastructure Law established the 
Indian Water Rights Settlement Completion Fund (Completion Fund), 
making $2.5 billion available to the Secretary of the Interior to 
satisfy Tribal settlement obligations as authorized by Congress prior 
to enactment of the Bipartisan Infrastructure Law. The Department 
allocated $1.7 billion of those funds in fiscal year 2022, $355 million 
of which supported Reclamation's Tribal settlement implementation 
actions, and additional funding will be allocated in fiscal year 2023. 
In addition to the Completion Fund, fiscal year 2023 represents the 
fourth year of Reclamation Water Settlements Fund allocations, which 
provide $120 million in annual mandatory authority for Reclamation 
Indian water rights settlements. Funding made available by previous 
mandatory authorities, such as that authorized in the Claims Resolution 
Act, remain available for settlement implementation, while the ongoing 
operations and maintenance requirements of the Arizona Water Settlement 
Act are expected to continue to be supported within the Lower Colorado 
River Basin Development Fund. In fiscal year 2023, the Department of 
the Interior is requesting $34 million for ongoing operational 
requirements for existing settlements to be added in the Completion 
Fund and the Administration is interested in working with Congress on 
an approach to provide a mandatory funding source for future 
settlements. Additional information can be found in the Permanents 
chapter of the Reclamation request.
    The investments described in Reclamation's fiscal year 2023 budget, 
in combination with the Bipartisan Infrastructure Law implementation 
and prior year efforts, will ensure that Reclamation can continue to 
provide reliable water and power to the American West.
    Water management, improving and modernizing infrastructure, using 
sound science to support critical decisionmaking, finding opportunities 
to expand capacity, reducing conflict, and meeting environmental 
responsibilities were all addressed in the formulation of the fiscal 
year 2023 budget. Reclamation continues to look at ways to plan more 
efficiently for future challenges faced in water resources management 
and to improve the way it does business.
    Thank you for the opportunity to summarize the President's Fiscal 
Year 2023 Budget Request for the Bureau of Reclamation.
              central utah project completion act (cupca)
    The Department's fiscal year 2023 CUPCA Program budget of $20 
million reflects the Administration's commitment to strengthening our 
climate resiliency and supporting conservation partnerships, and 
continues the progress of prior appropriations including $50 million 
included for the CUPCA Program in the Bipartisan Infrastructure Law. As 
authorized, the completion of the Central Utah Project Utah Lake System 
pipelines will deliver 60,000 acre-feet of municipal and industrial 
water to Salt Lake and Utah Counties. The completed project will 
provide increased water security, helping communities adapt to and 
increase their resiliency under changing climate conditions.
    The request provides funding to continue construction of the 
system; to support the recovery of endangered species; and implements 
fish, wildlife, and recreation mitigation and water conservation 
projects. One of the goals of the project is the recovery of the June 
sucker fish, a critical element of listed species recovery efforts.




    Senator Feinstein. Thank you very much.
    Deputy Commissioner Palumbo, 94 percent of California is 
now in severe drought, or worse, as the most severe drought in 
the West in recorded history deepens.
    This is an emergency which many of us feel that really 
requires our action, and I believe we have secured $210 million 
in emergency funding last year. So here is the question. What 
actions are being taken now to address these issues as the 
drought continues to deepen?
    Mr. Palumbo. Thank you very much Chair. The Bureau of 
Reclamation is taking a variety of actions. In the State of 
California we are using the funding of the $210 million 
provided, which we very much appreciate from this subcommittee, 
to deploy actions on the ground to address drought.
    For example, we are installing salinity barriers to deal 
with water inflow restrictions into the Delta. We are looking 
at fish hatchery operations, looking at laboratories for Delta 
Smelt, installing curtains at Shasta Dam to control 
temperature. We are putting together a variety of drought 
mitigation activities and programs to deal with impacted 
farmers and communities throughout the West.
    That funding, the $210 million, plus additional funding 
from this subcommittee has come at the right time, and is being 
deployed responsibly.
    Senator Feinstein. Well, I am a bit confused. If I 
understand it correctly, the Congress passed a Disaster 
Supplemental in February of 2018 that included $15 billion in 
construction funding for critical flood and storm damage 
reduction projects. Four years later, as I understand it, 
construction continues to stall due to Corps policy guidance 
requiring full funding upfront.
    So Assistant Secretary Connor, I appreciate your 
willingness to discuss this issue with me in the past, but I 
also appreciate the Corps' recent attention to fully resolving 
the long-standing obstacles in the South San Francisco Bay 
Shoreline Project.
    As directed, in the fiscal year 2022 Energy and Water 
report language, will you commit to revise the Corps policy 
guidance so these projects can continue to move ahead?
    Mr. Connor. Chair Feinstein, I commit to working with you 
and your staff on exercising any and all discretion I have to 
moving those projects, and work with General Spellmon to move 
those projects forward as quickly as possible. We may have some 
legal authority issues that we have to raise with you and your 
team, and we are working through that right now.
    We have had some good discussions lately. Our goal is to 
ensure that all the projects in BBA 2018 are moving forward. 
And we have got good construction on some activity, and we have 
got some projects, particularly South San Francisco held up. 
But I am committed to working with you and your team on moving 
those projects forward.
    Senator Feinstein. Thank you. Senator Kennedy.
    Senator Kennedy. Thank you, Madam Chair. I want to take a 
little different approach today, gentlemen. I am going to ask 
you a few quick questions, feel free to give me a yes or no; 
there is a method here to my madness.
    Like everybody else in the Western Hemisphere, and a few in 
the Eastern, I have some specific projects I would like to talk 
to you about, but I am not going to talk to you about them 
today. I want to talk about a larger issue. And that has to do 
with the integrity of the Corps, and some of this loose talk 
about earmarks.
    So let me ask you a couple questions, with the exception of 
a really small number of projects, less than 1 percent, is it 
not true that Congress doesn't authorize construction of 
proposed Corps projects without a comprehensive study that can 
take up to years to complete to determine if the project is 
economically justified? Is that accurate?
    General Spellmon. Yes, sir.
    Senator Kennedy. That study has also got to show that the 
project is environmentally sound, right?
    General Spellmon. Yes, sir, that is correct.
    Senator Kennedy. Technically feasible; is that correct?
    General Spellmon. Yes, Senator.
    Senator Kennedy. So somebody just can't call you folks up 
at the Corps and say, I have got a project, and I want it done 
and you better get it done. It doesn't work that way; does it?
    General Spellmon. That is correct, Senator, it does not.
    Senator Kennedy. All right. And in your years at the Corps, 
what percentage of all Corps projects have been authorized by 
Congress for construction without meeting this three-part test?
    General Spellmon. Sir, I have been with the Corps, six-and-
a-half years, I am not aware of any.
    Senator Kennedy. Any? Every project has had to be 
economically justified, environmentally sound, and technically 
feasible based on an objective study.
    General Spellmon. Sir, that is correct.
    Senator Kennedy. Not by politicians.
    General Spellmon. That is correct.
    Senator Kennedy. All right. What does a favorable chief's 
report mean?
    General Spellmon. Sir, it means that the project, as you 
said, is technically feasible, it is economically justified, 
and it will achieve its desired effect in one of our Corps 
mission areas.
    Senator Kennedy. Okay. And in your years with the Corps, 
what is your best estimate of all the construction 
authorizations that have been enacted without a favorable 
chief's report?
    General Spellmon. Sir, I am not aware of any that have been 
authorized without a favorable report.
    Senator Kennedy. Okay. And not to put too fine a point on 
it, but one of the things that the Corps looks at in this study 
which can take years, is whether the taxpayers are getting a 
return on their investment. In other words, the benefits have 
to substantially outweigh the costs; is that right?
    General Spellmon. Yes, sir, that is correct.
    Senator Kennedy. Now, earlier I talked about HSDRRS, and 
the levee protection system in Southeast Louisiana which 
protects Louisiana from the South. But like a lot of States, we 
are not only endangered by the South, water from the South, we 
are endangered by water from the North.
    Louisiana, you can see from the map, drains 41 percent of 
the Continental United States, and parts of two Canadian 
provinces, so we have a threat from the North, from water. The 
Great Flood of 1927, we remember it. I don't remember how many 
tens of thousands of acres flooded, millions dollars' worth of 
damage, this is 1927 now. As usual America turned to the Corps 
of Engineers, and we said help us fix it.
    And you did. And you built levees from just South of the 
Canadian border all the way down to the Gulf of Mexico, it 
costs $13 billion. Man that was a lot of money then. It saved 
this country trillions of dollars. And the point I am trying to 
make, look, earmarks are now back, and I am not making a 
critical or laudable statement about them, it is up to the 
Senate whether they want to do earmarks, but I don't want there 
to be any confusion.
    I don't know the technical definition of an earmark, I 
don't know how many lawyers can dance on the head of a pin 
either, but I don't want these Corps projects to be considered 
earmarks. This isn't politics, these projects have to be 
studied, they have to we have a substantial return on 
investment, and I want this country to know that, and be proud 
of that, and I don't want, as we have this discussion about 
earmarks, the sterling reputation of the Corps of Engineers to 
be tarnished.
    Thank you Madam Chair.
    Senator Feinstein. Thank you, Senator. Senator Heinrich.
    Senator Heinrich. Thank you, Madam Chair. Madam Chair, 
first, I want to ask unanimous consent to enter an article into 
the record. This is from E&E Daily, and the headline is, ``Army 
Corps cuts would put boating camping sites at risk'', White 
House fiscal 2023 budget would cut more than $50 million from 
Army Corps recreation spending without--I just ask unanimous 
consent to put that in the record.
    Senator Feinstein. So ordered.
    [The information follows:]
    
    
    
    
    
    

    Senator Heinrich. Assistant Secretary Connor, I bring this 
up because in the last 2 years we have seen this incredible 
surge in visitation to public lands, writ large, everything 
from Army Corps, to Forest Service, to our National Parks. Army 
Corps actually experienced an additional 20 million visits just 
last year. So I just want to ask, are these cuts a good idea? 
It seems to be a particularly unfortunate time to do that.
    Mr. Connor. Senator Heinrich, thank you for raising the 
issue. I think myself and General Spellmon, we have had 
discussions about that. We certainly understand the value, 
increasing value of recreation, as you point out. So we have 
got some work to do with this budget, we are trying to fit in a 
lot of priorities, but we need to go through and analyze the 
full range of impacts, with respect to potential, you know, 
reduction of services to the general public, and we don't want 
that.
    So with that budget we are going to try and manage it so 
that we don't have those impacts. The good news is, through 
IIJA (Infrastructure Investment and Jobs Act), the Bipartisan 
Infrastructure Law, and other mechanisms, we have made some 
investments in the maintenance of facilities, but we need to 
operate those facilities. And so we are going to look at the 
2022 spend plan, we are going to look at other ways that we can 
ensure we are not reducing services. But it is a concern, and I 
appreciate you raising it.
    Senator Heinrich. No. I look forward to working with you on 
this, on this issue. I think if anything we have really seen, 
this is a part of our economy that has grown dramatically as a 
result of people's desire to be outside in the midst of COVID. 
I think that is going to carry forward for a number of years, 
and we certainly want to keep those facilities open.
    Mr. Palumbo, historical and projected climate changes have 
translated to pretty significant water supply, reductions, and 
habitat degradation in the Rio Grande Basin, warmer conditions, 
decreased runoff into the Rio Grande resulting, frankly, in a 
drier river every single year.
    The existing low flow conveyance channel that runs 
alongside the Rio between San Acacia, New Mexico, and Elephant 
Butte Reservoir has been identified as a key source of water 
inefficiency in the Middle Rio Grande. What can we do about 
addressing existing river inefficiencies such as the low flow 
conveyance channel, so that we can keep more water in the main 
stem, and protect the habitats that rely on that water?
    Mr. Palumbo. Thank you very much, Senator, for bringing up 
this issue. This is an important issue for the Bureau of 
Reclamation. We are currently implementing several projects 
with the low flow conveyance channel to remove sediment, remove 
plugs, and improve connectivity to the Rio Grande at large. So, 
we are focusing on this, it is important, and we have folks 
doing work on the ground in this area.
    Senator Heinrich. So it didn't take long for that entire 
conveyance channel to sediment up. Should we be looking at 
whether it was a good idea in the first place?
    Mr. Palumbo. Yes, absolutely. The Bureau of Reclamation 
prides itself on adaptive management. If something doesn't 
work, let us not do it again, let us figure out a way to do it 
better. That is also part of this program, to ensure that there 
are other ways in which to provide the habitat, provide the 
flows, and get them in the right areas at the right time.
    Senator Heinrich. Assistant Secretary Connor, in the face 
of continued aridification of the West, and I use that word 
rather than drought because it is now a permanent dynamic. How 
can we better manage the Rio Grande as an interconnected system 
rather than a series of separate reservoirs each with separate 
purposes?
    Mr. Connor. It is a great question. It is the question, du 
jour of the day, because we have got to holistically use all of 
our infrastructure. The Bureau of Reclamations Facility, 
particularly the Rio Grande Basin. The facilities that we have 
under the Corps of Engineers to control Abiquiu, use that in 
tandem with El Vado, and ensure that we can add to water 
supply, and you help put that provision in place through the 
last word that we can expand the use of Abiquiu, and that is a 
necessary part of the process.
    We have got to look also how we do flood risk reduction, 
and how we make releases, and see if we can't coordinate with 
the water suppliers, so that our releases aren't solely focused 
on flood control, that we do our job, that we operate in a way 
that we can help maximize water supply for other entities. And 
that means not just coordinating with the Bureau, but the Rio 
Grande Conservancy District, with Tribes. There is a lot to do, 
there is a lot of capability, and it requires even better 
coordination than in the past.
    Senator Heinrich. I am out of time, but would the Corps and 
BOR (Bureau of Reclamation) be willing to work with the 
National Academy of Sciences to study the Upper Rio Grande as a 
whole, and come up with some management practices to keep the 
river wet.
    Mr. Connor. Yes we had a discussion with NAS just this 
week.
    Senator Feinstein. Thank you very much. Senator
    Hyde-Smith.
    Senator Hyde-Smith. Thank you, Chairwoman Feinstein, 
Ranking Member Kennedy, and I certainly want to thank our 
witnesses today. We truly appreciate you being here, and as we 
discussed the 2023 budget for the Corps and the Bureau of 
Reclamation.
    Secretary Connor, I just really appreciate the time that 
you spent in traveling to Vicksburg, Mississippi, in February 
for a briefing on the Yazoo Area Pump Project. That is a really 
important project to me, it is one of my very top priorities 
because I have seen the suffering that has happened in 
Mississippi. But today I would like to discuss environmental 
justice, a topic this administration says is a top priority as 
well.
    As you know the comprehensive Yazoo Backwater Area Project 
is a congressionally authorized Corps project designed to 
provide flood protection to thousands of residents in the South 
Mississippi Delta, most of whom are African-Americans. I have 
visited this place many, many times, and I don't live far from 
it.
    The Yazoo Backwater Area comprises of 1,446 square miles, 
six Mississippi counties, these are some of the most rural 
underserved counties in the entire United States. This project 
consists of three components designed to be used in tandem 
including levees to keep Mississippi and Yazoo River flood 
waters out, floodgates to let accumulated interior flood water 
out, and pumping stations to remove flood waters trapped on the 
protected side of the levee system when the floodgates have to 
be closed because the Mississippi River is high, and excess 
rainfall occurs.
    All of these features have been completed except for the 
pumps. Unfortunately, the EPA (Environmental Protection Agency) 
in 2008 stopped the Corps from completing the pumps, the 
project's last remaining feature. Since that EPA veto in 2008 
the area has experienced catastrophic flooding nearly every 
year, causing billions, with a B, in damages, and destroying 
lives, home, property, wildlife habitat, and the environment.
    In 2019 the Yazoo Backwater Area, which is more than 11 
times the size of Washington, D.C., remained flooded for well 
over 6 months it was underwater. It was disastrous on the 
quality of life for the people who live and work there, many 
who are already impoverished. Two people lost their lives.
    During the onset of the COVID-19 pandemic in 2020 there was 
another terrible flood. It again displaced residents and forced 
them into crowded shelters, or to move in with family, neither 
option ideal during an unprecedented pandemic.
    Recognizing that this perpetual flooding was simply not 
sustainable for the people or the environment, and armed with 
the new scientific information, the Corps issued a new proposed 
plan for the pumps in December of 2020. Unfortunately, the EPA, 
last November, put the brakes on the Corps from moving forward 
yet again. It simply dismissed years of new Corps environmental 
studies, and thousands of pages of scientific information that 
fully justifies the pumps.
    We often hear, we need to listen to the science. Well, what 
does the science say? The science says the Corps' new proposed 
plan would not convert any wetlands to non-wetlands. The 
science says the project would benefit all sections of the 
economy and contribute to the wellbeing of all area residents. 
The science says the project would benefit wetlands, aquatic 
species, wildlife, and wildlife life, habitat, and every 
important resource that flooding has been destroying for 
decades.
    But here is the real irony, the current administration has 
placed environmental justice at the top of its priority list, 
the Yazoo Backwater Area population is nearly 70 percent 
minority, with roughly 30 percent living in poverty.
    The Corps Environmental Justice Appendix indicates that the 
pumps would significantly benefit low-income and minority 
populations, and it shows that more than 90 percent of the 
homes would be devastated from a 100-year flood event, are 
minority occupied.
    Secretary Connor, please, there are two things, and I want 
you to thoroughly answer both of these for me, if you would. 
Please share your thoughts on the environmental justice 
benefits associated with the Yazoo Backwater Project? And do 
you consider the Corps' new proposed plan to be consistent with 
this administration's emphasis on promoting environmental 
justice?
    Mr. Connor. Senator Hyde-Smith, I wish I would have started 
with your statement when I got into Yazoo, because it took me a 
while to get up to speed the way you just articulated it. It is 
a very complex system. And I will get exactly to your points, 
because I don't think it is ironic that this administration 
focuses on environmental justice.
    And how we have dealt with the Yazoo Basin, or how we are 
going to deal--let me put it that way--because, yes, we cannot 
move forward with the project that the Corps most recently 
proposed, because of the reinstitution of the veto, that is 
correct, and that is concerning, because we have got to get to 
some project to address the uncompleted project as you 
mentioned.
    And we are getting the attention that we need at a very 
high level to move forward in the interagency group, chaired by 
CEQ (Council on Environmental Quality) Chair Brenda Mallory, 
she has convened us together, and when I went down to Yazoo in 
February, it was with Chair Mallory, to get a first-hand 
account, and you cannot understand the system without that 
first-hand account because of the complexity of it.
    So we need to address the intended project as it was 
originally conceived. And you are right, it is missing that 
last phase of the project, so we have got to deal with that 
backwater flooding, we have got to figure out the mix of 
structural and non-structural. And when I say structural, I 
think pumps are still in the mix for the discussion that we are 
going to have in this interagency group.
    There are questions about the science from some of the 
other agencies, the Corps feels very strongly that it has got 
peer-reviewed science, but we need to have that dialogue about 
what exactly are the impacts to wetlands, are we reducing the 
wetland function. Those are going to be some detailed 
conversation.
    But I can assure you this is part of the environmental 
justice agenda to get to a project, to get to a solution, 
because of the factors that you mentioned with respect to 
minority residents in that area, as well as the poverty level 
that exists in that area. So that is why it is getting this 
attention, and I just wanted to note, I appreciate the fact, 
being part of this group, that there is a sense of urgency that 
we need to get to a reconfigured project.
    So I share your views, the importance, and I will keep you 
posted as that interagency group continues to work on that 
reconfigured project.
    Senator Hyde-Smith. Please do so. And General Spellmon, 
give me your knowledge of civil engineering. Please share your 
thoughts on how practical, if even possible, it would be to 
provide meaningful flood protection in the Yazoo Backwater Area 
without a pumping station? How would that be possible?
    General Spellmon. So Senator, as you know this pump station 
was part of the project since it was initially authorized in 
the 1941 Flood Control Act. We have looked at 34 options to how 
to evacuate water from that basin, and our recommendation--we 
are certainly open to any other ideas that may be out there, 
but we are confident in our science, we are confident in our 
engineering that the pump station can be operated in a manner 
that protects these communities that you mentioned, but also 
protects the 38,000 acres of wetland that are in that area. So 
we are confident of that.
    The other 34 options, we looked at everything, from looking 
at rain levees around every home, we just could not 
economically justify that, we have looked at elevating homes, 
we have looked at buyouts, we looked at elevating roads, and 
again not all of that--after we got through that analysis was 
consistent with our longstanding environmental operating 
principles. And some of it, frankly, we just could not get to 
economic justification. We stand by our recommendation but 
again we are open to any other ideas that may be out there.
    Senator Hyde-Smith. I appreciate your answer very much, 
both of you. And I know I am over time. Thank you.
    Senator Feinstein. Thank you. Senator Shaheen.
    Senator Shaheen. Thank you Madam Chair, and thank you to 
each of our panelists for the work that you do, and for being 
here today. I want to especially thank the Army Corps. In the 
last 6 years or so we have had two of our harbors dredged in 
New Hampshire, and right now the turning basin in the 
Piscataquis River is being dredged, and for a State with only 
18 miles of coastline that is pretty good. And I really 
appreciate that effort.
    But because of the challenges we had trying to get in the 
queue to get those projects done, I recognized just how 
challenging the funding is for the work that you are doing, and 
was very pleased to see that the Army Corps received $9 billion 
from the Bipartisan Infrastructure Law, and of that the Corps 
has already announced $4 million in projects in New Hampshire 
for 2022 and 2023, fiscal years 2022 and 2023, which has been 
really important.
    But it raises a couple of questions that I hear from people 
about how project selection is doing? How are those projects 
determined? And so can you speak to the type of projects that 
you are looking at, as you are looking at this funding?
    General Spellmon. Yes ma'am, I will start. When I formulate 
my recommendations when I take them to the Secretary, I look at 
five criteria. To the top of that list is always life safety. 
So for example, a dam safety project that we know that has a 
population at risk downstream, those always go to the top of 
the list. Second priority, I have legal mandates across the 
country, some of that, Endangered Species Act, for example.
    Some of our projects have a national security component to 
them. I would use the example of the Soo Lock and the steel 
industry; we have made that argument before. And then finally--
I am sorry--number four is economic and environmental returns, 
I think there is a narrative, an incorrect narrative that the 
Corps only looks at benefit-to-cost ratios, that is not the 
case that is part of the justification.
    And then finally, and maybe most importantly, we want to 
finish what we start. If we have a project that is under 
construction, we never want to demobilize a contractor because 
of lack of funding. We want to make sure we can keep our 
contractors at work and finish work that we have initiated.
    Senator Shaheen. Thank you. I certainly share that, and I 
think that is really helpful to know. One of the things both 
you and Mr. Palumbo talked about in your opening testimony was 
the importance of science and research and development in 
determining how to respond to particular areas. And I was 
really dismayed to see that the President's budget reduces the 
Coastal Inlets Research Program from over $12 million in fiscal 
year 2022 to only $100,000. And I wonder if you could speak to 
why that is, and how can we do what we need to do if we are not 
able to have the research to allow us to address climate 
change, and the other critical projects we have.
    General Spellmon. Senator I know, I know the Secretary 
shares the same. We are absolutely committed to elevating our 
investment in research and development. And I think folks like 
me have to do a better job of communicating the importance of 
research and development. Today, in the Civil Works Program we 
invest about 0.02 of 1 percent of our overall program into R&D, 
where folks like Apple are investing 4.5 percent, or my 
counterparts in the Netherlands, the Rijkswaterstaat, are 
investing 4 percent.
    In fact, many of my senior leaders are down in Vicksburg, 
Mississippi, this week going through our top ten research and 
development priorities, and we are framing up the argument, and 
what we would like to include in the 2024 budget, for these top 
ten initiatives in the Civil Works Program. So we want to get 
more aggressive on that front.
    Senator Shaheen. Good, I really appreciate that.
    Mr. Connor. Senator, can I?
    Senator Shaheen. Yes, please.
    Mr. Connor. Can I just add, real quick, that General 
Spellmon will have a very strong partner in this effort. We are 
completely in sync with the importance of R&D, and how we want 
to put it out in the 2024 budget.
    Senator Shaheen. That is great. And, you know, listening to 
everybody raise the concerns about the projects that we have in 
our home States, and the challenges that we face with climate 
change, it seems to me that as we did in the '20s, and '30s, 
and '40s, and we looked at projects like the Tennessee Valley 
Authority, the effort to electrify the country, and all of the 
projects the Army Corps was involved in, in doing that.
    But this may be another time when we need to really relook 
at the kind of regulations that you are talking about with 
respect to your Yazoo River Project, the kind of things that 
were done with respect to the project in New Orleans, where we 
know we have got all this water draining in, we have got a 
drought in the West, and yet this water is flowing into the 
Gulf and we are not able to divert it to places that we need.
    It seems to me that we are in a position where we need to 
totally reexamine some of the assumptions that we have made for 
the last three or four decades, and think about how we better 
position ourselves to address the challenges of the 21st 
century. And I think that requires the kind of overhaul you are 
talking about, General, as you think about research, what else 
do we need to do in terms of regulation, and other areas to 
address the challenges that we face? Thank you, Madam Chair.
    Senator Feinstein. Thank you, Senators. Senator Murkowski.
    Senator Murkowski. Thank you, Madam Chairman. And Senator 
Shaheen know that I agree with what you have just concluded 
there. In many parts of Alaska, particularly on our coast, we 
are seeing levels of erosion that are threatening communities. 
Those communities don't have a lot of alternatives, there is no 
road out, and they are kind of very, very isolated.
    So we have got a list of those threatened communities, 
communities that we know need to be relocated, we are in the 
process of relocating one out of dozens, and yet we know that 
every year there are more communities that are further 
threatened. And now it is not just looking at the coastal 
communities, it is the river communities where we are seeing 
river erosion at pretty remarkable rates there. So know that I 
would join you in that.
    Secretary Connor, thank you for working with us. General 
Spellmon, thank you as well for all that the Corps has done in 
trying to address many of the backlogged projects that we have 
seen in my State. I think we made some good progress with the 
Infrastructure Bill. I had a chance yesterday to meet with 
Colonel Delarosa to talk about the Alaska-specific projects.
    I can tell you right now there is an urgency from the 
communities, whether it be the community of Nome, up in the 
Interior, the Moose Creek Project, specifically the lower 
point. That is truly a safety issue for that community. And so 
they are wondering how quickly they can expect to see the 
funding move out.
    We got a little bit of a top line on that yesterday, but I 
guess what I would like to hear you say this morning is that 
there is a level of priority with these projects, again that 
have been on the list for a long, long time and we are finally 
starting to see going? Secretary Connor.
    Mr. Connor. The Corps very effectively got the guidance 
document for the Bipartisan Infrastructure Law, as well as the 
Disaster Supplemental to my office this week, so we will 
process and get it out by the end of next week.
    Senator Murkowski. Okay, good. Well, we will be working 
closely with you just so we can give good guidance to people on 
the ground in terms of what to expect. I want to ask you about 
the Port of Alaska, and Anchorage, as you know, a pretty 
significant port there, handles one-half of all Alaska inbound 
fuel and freight, it is distributed Statewide, consumed by 90 
percent of Alaska's population, everything funnels in to this 
port. It supports more than 14 billion in commercial activity 
in our State, it is the main inbound, containerized freight and 
fuel distribution center.
    It additionally is the strategic seaport that supports DoD 
(Department of Defense) missions in Alaska, the Pacific and the 
Arctic. This port is absolutely critical to Alaska, to the 
community--to the country really, and the problem that we are 
facing is that it is in severe disrepair. So I know that this 
has been brought to your attention, but I have had no fewer 
than a half dozen meetings in the past couple weeks just on 
this particular project.
    So I would ask for a commitment to work with us to get the 
New START funding in, in 2023 if we can, but just need to know 
that this is on your radar here.
    Mr. Connor. Senator, it is definitely on my radar. I know 
as part of the modernization effort there is a range of 
permitting as well as some infrastructure needs. So I think, 
quite frankly, General Spellmon may have more knowledge, but I 
am a little unclear about the infrastructure investments needed 
to be made. So we need to get up to speed with respect to that, 
and the authorizations presently available, but absolutely get 
the need for coordinated permitting to take those actions, and 
move them forward as quickly as possible. General?
    General Spellmon. Senator, I have been to the port, I would 
certainly acknowledge all of your comments. We recognize its 
importance, and we are committed to do our regulatory work, or 
other work, and we will continue to work to make our best 
technical argument for the New START Authority.
    Senator Murkowski. Good. Well, we know again that this is 
not just a local priority, it is truly a State-wide priority. 
Last question; and this relates to some of our small harbors. 
And I appreciate what you have said in terms of your analysis, 
and the review, General, in terms of how you determine 
priorities for projects. But I have always been concerned that 
our smaller ports, our smaller harbors, they are get kind of 
overlooked. And we have had this conversation in the past, that 
is why we have our small and subsistence harbors category,
    But, you know, when you think about cost benefit any 
economic analysis is going to show that large ports are 
favored, because they have big, economic impacts, and so 
everything that we can do to find a way to help the small 
communities for these coastal communities, that port, that 
harbor, that is their economy that will allow for them to 
really exist. So I am looking at Craig, which I was really 
disappointed didn't make the list, and I would like to 
understand why, but also Dutch Harbor.
    For communities like Craig, communities like Dutch, if the 
barge doesn't make it in with the groceries, it is not like you 
can just drive somewhere else to go get the materials that you 
need. These communities need their harbors, there is no other 
option.
    So I guess I would like a quick understanding as to how and 
why communities like Craig and Dutch Harbor didn't make that 
list and whether--what we need to do to ensure that, for 
instance, Craig gets the $30 million for preconstruction 
engineering and design. How do we help these communities?
    General Spellmon. So Senator, I will start. First, I would 
tell you that I am responsible across the Nation for 
maintaining 577 Federal navigation channels, and so we do, we 
recognize there are many of those channels that don't get 
touched on a routine basis.
    I acknowledge your comments about Craig Harbor, and Dutch 
Harbor. I hope I am wrong. The Jobs Act, we are seeing nearly a 
billion-dollar investment in Alaska, and we are working down 
the priorities we think that you have shared with us. And you 
mentioned it is Nome, it is Barrow, it is Kenai, it is Moose 
Creek, and it is Slough Creek.
    Again, I hope I am wrong. I think we are really going to 
stress our contracting partners in the State of Alaska. And 
when I took these recommendations to the Secretary I have got 
963 construction projects underway today in the Civil Works 
Program, I did not want to put us in a position where we were 
going to have money sitting in a bank where we couldn't get 
after the work. So as I made these recommendations we wanted to 
get--give the Secretary projects that we knew we could get 
after right away.
    We are not forgetting about the projects that you mentioned 
Craig and Dutch, we are going to get after these, it might just 
be in next year's appropriation that we can make that argument.
    Senator Murkowski. I am hearing next year's appropriations. 
Okay.
    Mr. Connor. Can I just quickly add?
    Senator Murkowski. Okay, Secretary Connor.
    Mr. Connor. A lot of discussion about Craig, and Dutch 
Harbor as part of the allocation process. And I think we have 
got an issue that we need to discuss with you with respect to 
the $250 million limit that was in the IIJA for small ports. 
And of course we allocated that to Port of Nome, which is also 
a very important port. So we get to work through that issue, 
but they definitely are on the radar screen.
    And I wanted to just get quickly because I absolutely agree 
with your assessment that we need to look at a wider range of 
benefits. And my predecessor, Mr. James, issued a comprehensive 
benefits memo. I want to build upon that. I think that was a 
very good piece of work, we want to give that guidance to the 
Corps to look at a wider array of benefits, including regional 
benefits which are very important.
    And then we want to institutionalize not just looking at 
those benefits, but being able to make decisions based on that 
wider view of the benefits. And we have got a directive to move 
forward to the rule making, on principle, requirements, and 
guidelines, our agency specific procedures that will allow us 
to make decisions on a broader basis that is a high priority as 
part of our agenda.
    Senator Murkowski. Great. That is really good to hear. I 
appreciate that because I think we recognize. Again, it is not 
just the number of individuals served, but truly a much wider 
range of benefits that can accrue to your region.
    Thank you, Madam Chairwoman. I apologize for going over my 
time.
    Senator Feinstein. And thank, you Senator. I have a bit of 
a beef, and so I am going to raise it now. Assistant Secretary 
Connor, over the last 2 years we have provided $82 million for 
the Army Corps WIFIA (Water Infrastructure Finance and 
Innovation Act) Program, to provide low-interest loans for 
local dam safety projects. The implementation for this program 
has been stalled. We have been clear, and I think to ignore 
congressional intent in this manner, regarding how taxpayer 
dollars shall be spent is really not acceptable.
    My State, California, has 89 dams which are in less than 
satisfactory condition, and would cause loss of life or 
significant economic damage if they were to fail. Damn safety 
has been a priority of mine as an appropriator since I have 
come to the Senate, and it is critical to millions of Americans 
who live near these dams.
    When will you finalize--apparently we have 14 million a-
year-and-a-half-ago there. So the question is, when will you 
finalize the program rules and get out these funds so we can 
start repairing dangerously deficient, non-Federal dams?
    Mr. Connor. Madam Chair, thank you for your leadership in 
this area. It is a legitimate beef that you have, absolutely. 
So we have a proposed rulemaking that we are in the final 
throes. I expect that within the next month or so, hopefully, 
no more than 6 weeks, we will be in the Federal Register with 
that proposed rulemaking, which is the first step to setting up 
the program.
    The WIFIA Program, and enlisting the ability for private 
dam owners to repair and modify their dams, it is part of the 
resilience agenda that we need in this era of climate change. 
So it is another important tool we are moving forward. And 
lastly, I would just note, we have lit a fire under ourselves, 
because WIFIA is now in the President's budget for 2023, so we 
acknowledge the importance of the program, we have got to move 
forward and get it stood up to address all the reasons you just 
mentioned.
    Senator Feinstein. So I want to understand this. I have 
your word here that it is going to move?
    Mr. Connor. You have my word I am going to do everything 
possible to move it through, and get it in the Federal Register 
in the next one to 2 months.
    Senator Feinstein. Well, I accept that with thanks. So 
thank you.
    Senator Kennedy, you are next.
    Senator Kennedy. Madam Chair I just wanted to point out 
that Senator Hoeven just called me, he is on his way. I would 
like, you know, if we could indulge him for a few minutes 
because I know John has some questions he wants to ask. I 
wanted to ask one of my colleagues a question. Senator Hyde-
Smith, I listened with interest about your situation in 
Mississippi. And I appreciate it. The Corps wants to go 
forward, and the EPA won't?
    Senator Hyde-Smith. Pretty much correct, that that is what 
has happened. The EPA is one that put the brakes on, and we had 
signed the MOUs, we had done everything, and the science was 
very, very strong. And the amazing thing is the two different 
sets of scientists with EPA, and with the Corps have not sat 
down. And I think that is critical. Am I correct, Daniel?
    They have not sat down together, and I don't know why that 
has not happened. But I really, really would like to see that 
happen. And thank you for the discussion because, literally, a 
lady who was pregnant died because of this flooding. And, you 
know, we talk about wetlands, we talk about everything else, 6 
months these houses were under water--this property was under 
water, 6 months. And you know, I talked to so many people who 
were living in hotel rooms, who were living with relatives in 
the back of businesses, that people allowed them to live, these 
people cannot afford hotel rooms, and other areas like that.
    Senator Kennedy. Well, can I ask? Why haven't the two sets 
of scientists talked? Or they have these things called 
telephones at a minimum?
    General Spellmon. Sir, our team from Vicksburg and the 
scientists have sat down and compared data. What may be 
happening is----
    Senator Hyde-Smith. With EPA and with the Corps, the two 
sets.
    General Spellmon. Yes. Yes, ma'am. What may be happening is 
new staff that have come in within the past several months of 
the past year, but we will pack up this afternoon to go meet 
the----
    Senator Feinstein. Could you speak directly in the mic? 
Sorry to interrupt you.
    General Spellmon. Yes, ma'am. So my parting comment is, we 
will pack up this afternoon and meet with any scientist from 
any Federal agency or State agency that would like to compare 
notes on our data.
    Senator Hyde-Smith. Yes. The Corps is very willing, EPA is 
the one that we can't get--to seem to get as interested as----
    Mr. Connor. Senator, can I just add very quickly?
    Senator Kennedy. Yes. But let me put a finer point on. Here 
is what I am missing. The Corps spent a lot of time and money 
doing this project, on this project, did its studies, decided 
there is no damage to wetlands. The leadership of the EPA 
changed; one of the leadership's priorities is environmental 
justice.
    And the EPA is saying, in the name of environmental justice 
we are going to hold up on this project, even though this 
project will help people who happen to be 70 percent African-
Americans. Am I missing something here?
    Mr. Connor. I would just add, I don't speak for EPA, but I 
have spoken to Administrator Regan, and Assistant Administrator 
Fox. They are strongly committed to getting their team with our 
team as part of this interagency group, I think the 
administrator was particularly moved by his visit down to the 
Yazoo Basin. So frustrating, yes, but we are going to get 
together----
    Senator Kennedy. Sir, when is your administrator going to 
make a decision?
    Mr. Connor. Well, we have got to get the teams together, 
and not just have a meet and explain the differences, we as 
leaders have to reconcile those differences so we can make a 
decision about the project that can move forward.
    Senator Kennedy. Well, how about next week?
    Mr. Connor. We are getting together our, interagency group 
tomorrow at the leadership level, and having yet another 
meeting. And the goal is to then focus the issues so that we 
can get our teams to get into those details so we can----
    Senator Kennedy. Right. Again, I am just trying to get a 
timeline. The Corps spent a lot of time and money, and says, we 
are ready to go. It has passed all the studies, the scientists 
say go, you all have it--because of the change in leadership, 
have said, no, we are holding up. And we have got to make a 
decision. I am just asking a simple question. When are you 
going to make a decision?
    Mr. Connor. As soon as we can.
    Senator Kennedy. Yes, when is that?
    Mr. Connor. That is hopeful we are going to be working on 
this all year.
    Senator Kennedy. It is going to take a year?
    Mr. Connor. Well, it is going to take some time to 
reconcile the differences between the agencies.
    Senator Kennedy. Why?
    Mr. Connor. Because there are disagreements about the 
science, we as leaders can convene folks, we can focus the 
issues, but we have got to have that dialogue, and that is 
going to take a little bit of a time,
    Senator Kennedy. I don't understand why. I don't get it. I 
don't understand why you can't put the two scientists together, 
lock them in a room, give them some coffee, give them a few 
honey buns, and say, okay, over the next 8 hours, work this 
out. I don't get it. That is the way the real world works. Why 
can't you do that?
    Mr. Connor. Well, we are going to do that.
    Senator Kennedy. When?
    Mr. Connor. Whether the 8 hours is what it is going to 
take.
    Senator Kennedy. Or maybe it will take a couple of days.
    Mr. Connor. Or whether it is going to take 24, or 48 of 
intense dialogue, I don't know the answer to the question. I 
just know that we are committed to forcing that process to 
happen and coming up with the project.
    Senator Kennedy. Do you understand why people get 
frustrated about that?
    Mr. Connor. Absolutely.
    Senator Kennedy. Okay. I can't even--I mean, I am just 
asking for a decision. I am not telling you what decision to 
make. I just don't see why you can't do it within 6 weeks.
    Mr. Connor. I understand the frustration. I am part of a 
committed team that is going to get to a decision, Senator.
    Senator Kennedy. Okay. Thank Okay. Thanks again, for all 
your good work, gentlemen, and ladies.
    Senator Hyde-Smith. Six weeks would be great.
    Senator Feinstein. Senator Hyde-Smith, any questions?
    Senator Hyde-Smith. Sure.
    Senator Kennedy. I will let you go.
    Senator Hyde-Smith. Hey, you are my honey bun.
    Senator Kennedy. Okay. Good. I like that.
    Senator Hyde-Smith. Shifting gears from flood control to 
innovation, Congress is asking the Corps to do a lot of things 
with the record high funding the Corps has received in recent 
years. I want to make sure you have the tools you will need to 
be successful. Part of what you will need is innovation, and to 
be able to access the innovation taking place in the private 
sector, sometimes the rigid structure of the Federal 
acquisition process doesn't make that very easy for you.
    To address that very problem Congress gave NASA (National 
Aeronautics and Space Administration)-- I am sorry--NASA, DoD, 
and a number of other agencies, Other Transaction Authority, 
OTA, has been used to great effects by the Department of 
Defense, including the Corps of Engineers to access 
innovation--innovative solutions, and cutting-edge technologies 
from entities that aren't traditional Federal contractors.
    Unfortunately the Department of Defense reads the law as 
providing OTA only for the Corps' Military Mission, and not the 
Civil Works Mission. Given all that we are asking you to do, 
you need these important tools would be what most people would 
conclude. But Secretary Connor, and General Spellmon, don't you 
think having the ability to use Other Transaction Authority in 
your Civil Works Mission would be a useful tool for you to 
have?
    General Spellmon. Senator we do. As you suggested we have 
used this on several projects in our Military Construction 
Program, I would argue, to great effect. And we also think 
there is value in bringing this over to the Civil Works 
Program. I have just not had the opportunity yet to sit down 
with Mr. Connor to talk about this particular tool, but you 
have our commitment, we will have that conversation, ma'am.
    Senator Hyde-Smith. And as Congress works on the next Water 
Resources Development Act, will you work with me to help put 
that tool in your hands?
    General Spellmon. Yes, Senator.
    Senator Hyde-Smith. Thank you very much.
    Senator Feinstein. I would like to bring up a subject that 
is of real concern to me. The Bureau and several States have 
already severely reduced water allocations in many cases to 
zero. And I am a westerner, and I am from a big State, it is 40 
million people, it is a huge commercial State, it is a big AG 
State, but there is no way the West can survive extreme 
droughts, plus climate change, without more investment in 
infrastructure to move water from the wet years to the dry 
ones.
    WIIN (Water Infrastructure Improvements for the Nation) Act 
funding, I think, and I wrote the bill, is key to developing 
long-term solutions to these challenges, and last year we 
provided an additional $155 million to WIIN Act funding for 
water storage, desal, and water recycling and reuse projects. 
So I have continued to work with my colleagues to appropriate 
funding for good projects, but the President's budget 
recommends no funding for any of these projects. And I am 
curious as to why?
    Mr. Palumbo. Senator, thank you very much for that 
question. The way the Bureau of Reclamation is looking at the 
WIIN Act projects, we were able to make a lot of progress on 
getting projects determined feasible, getting projects started 
with funding, and we are now utilizing the BIL funding, the 
Bipartisan Infrastructure Law funding in large storage to put 
towards some of those WIIN projects. We are going to be making 
an announcement later this fiscal year, in 2022, using that BIL 
funding to advance those WIIN-related projects.
    And we also have queued up money for 2023 out of the BIL 
funding for those WIIN Act projects. So, we absolutely thank 
the subcommittee on supporting those projects, getting them 
moving, and we are going to keep them moving, because the WIIN 
Act authority expired, but we are going to keep them moving 
with BIL funding.
    Senator Feinstein. Well, thank you very much for that. We 
will follow closely and see if it happens. Please know that 
this is a big problem out West, and one of the things that I 
have seen is how big this country is when you fly back and 
forth over it. And I am really concerned. So this is a top 
priority for me, and I believe for California.
    So I thank you for that answer, and my expectation will be 
that the administration will respond. So thank you very much.
    Mr. Palumbo. Absolutely.
    Senator Kennedy. Can I say one more thing, Madam Chair?
    Senator Feinstein. Yes, okay.
    Senator Kennedy. First, I am going to just repeat what I 
have said before, what a delight it is to work with you Madam 
Chair, and your very able staff. I am going to be calling you 
gentlemen, I need to get updates on three projects that I know 
you are working on, that are really important in my State, and 
have become more important recently.
    The Calcasieu River and Pass, you know, we need some 
dredging done there, it is a major LNG (Liquefied natural gas) 
export hub, and we need to get it to what 42 feet deep and 
about 800 feet wide, our Atchafalaya--I know you know the 
projects I am talking about--Atchafalaya river dredging, we 
have got to maintain that the authorized depth of 20 feet deep, 
and a bottom width of 400 feet.
    And finally, last but certainly not least, I don't mention 
these in any particular order, our New Orleans to Venice 
Hurricane Protection Project. So I will just be calling you, 
and to try to get an update. And again, I wanted to thank you 
for giving so much to our country.
    Senator Feinstein. That was nice, very nice, Senator. Thank 
you very much.
    Senator Kennedy. Thank you. You are welcome, Senator.

                     ADDITIONAL COMMITTEE QUESTIONS

    [The following questions were submitted to the Department, 
but the questions were not answered by press time.]
               Questions Submitted to Mr. Michael Connor
            Questions Submitted by Senator Dianne Feinstein
Recreation Program
    Question. The Corps was the second leading provider of recreation 
on public lands and waters in 2021, yet the President's budget 
requested a significant cut to the Corps recreation budget. How can the 
Corps continue to support increasing demand for recreation and sustain 
the significant economic footprint of Corps managed lakes in local 
communities across the country if they don't have enough funding for 
basic operations and maintenance? Can you please explain the rationale 
for this funding reduction at a time when the American public's 
interest in outdoor recreation is surging?
                                 ______
                                 
               Questions Submitted by Senator John Hoeven
    Question. I have supported the development of a WIFIA program 
within the Corps of Engineers that would match the WIFIA program 
established at the Environmental Protection Agency. The Red River 
Valley Flood Protection project received an EPA WIFIA loan, which 
provides tremendous cost savings for the local share of that large 
public-private partnership or P3 project. Last year, the Corps WIFIA 
program supported loans for projects at non-Federal dams.
    Would you support the expansion of the Corps WIFIA program to 
include the construction of levees in cases where those levees would be 
entirely constructed, owned, and operated by a non-Federal entity?
    Question. The Dakota Access Pipeline (DAPL) is vital energy 
infrastructure, transporting well over half a million barrels of oil 
per day from North Dakota to energy consumers throughout the Midwest.
    DAPL has additional delivery capacity, up to 1.1 million barrels 
per day, which sits unused while the EIS process remains delayed, a 
process which has now gone on for over 2 years.
    Families are paying record high gasoline prices, and consumers need 
long-term certainty.
    Will you promptly complete and release the draft EIS?
    Question. You said previously that your office would not reopen 
standalone jurisdictional determinations (JDs) under the Navigable 
Waters Protection Rule (NWPR). However, it is our understanding that 
Army Corps offices around the country are calling into question the 
validity of negative JDs issued under the NWPR, despite such JDs being 
valid for 5 years.
    Have you given a policy direction from headquarters questioning the 
validity of JDs completed under the NWPR?
    If permittees cannot rely on a lawful negative JD letter issued by 
the Corps, what are they supposed to rely on?
    Will you confirm that the Army Corps will not pursue enforcement 
actions against permitted entities complying with a lawful negative JD?
                                 ______
                                 
              Questions Submitted by Senator Bill Hagerty
    Question. I was able to visit the Chickamauga Lock construction 
project in May 2021 and see first- hand the size, scope, and importance 
of this project to the region and our country. For fiscal year 22, the 
project did not require any funding thanks to the years of support and 
leadership of the Appropriations Subcommittee on Energy and Water 
Development. However, for this coming fiscal year, local leaders tell 
me they will need about $39 million to finish construction of the 
Chickamauga Lock projects.
    Assistant Secretary Connor, does the President's budget request any 
funding to finish the construction of Chickamauga Lock? If so, will 
that funding be sufficient to complete construction of this project?
    Assistant Secretary Connor, can you discuss the importance to the 
region and our nation's broader inland waterway system of completing 
this project on schedule?
    Assistant Secretary Connor, will you be able to discuss delays or 
contracting issues with the construction project? And can you provide 
me with a detailed timeline of the project's completion?
    Question. I was able to visit the Chickamauga Lock construction 
project in May 2021 and see first- hand the size, scope, and importance 
of this project to the region and our country. For fiscal year 22, the 
project did not require any funding thanks to the years of support and 
leadership of the Appropriations Subcommittee on Energy and Water 
Development. However, for this coming fiscal year, local leaders tell 
me they will need about $39 million to finish construction of the 
Chickamauga Lock projects.
    Assistant Secretary Connor, does the President's budget request any 
funding to finish the construction of Chickamauga Lock? If so, will 
that funding be sufficient to complete construction of this project?
    Assistant Secretary Connor, can you discuss the importance to the 
region and our nation's broader inland waterway system of completing 
this project on schedule?
    Assistant Secretary Connor, will you be able to discuss delays or 
contracting issues with the construction project? And can you provide 
me with a detailed timeline of the project's completion?
    Question. Outdoor recreation is a critical economic driver in my 
State of Tennessee and it is estimated that it generates nearly $700 
billion in gross economic output in the U.S. Now more than ever, 
Americans are looking to get outdoors and spend time in our national 
parks and lakes. The U.S. Army Corps of Engineers plays an integral 
role in maintaining and ensuring our Nation's waterways are safe and 
navigable. To that effect, in fiscal year 2022, Congress provided $295 
million for the Corps' recreation programs. However, industry tells me 
your fiscal year 2023 budget request only includes $240 million for 
these activities, which represents a $55 million reduction.
    Assistant Secretary Connor, at a time when the USACE is need of 
increased resources to manage a surge in outdoor recreation 
participation by millions of Americans in the wake of a pandemic, 
please explain the rationale for the Administration's proposal to cut 
this funding.
    Question. Constituents from construction materials producing 
industries tell me that the USACE and EPA are not acting to approve 
water permits that they rely on to supply materials to build 
infrastructure projects and communities. The current permit criteria 
should be based on longstanding practice, however, the recent spate of 
rulemaking has caused the USACE and EPA to slow walk permit approvals. 
These approvals are needed to deliver the infrastructure investments 
Americans need.
    Assistant Secretary Connor, how many 404B permits and JDs have been 
approved in the last 6 months and how many are outstanding in your 
backlog, applied for yet waiting approval?
    Assistant Secretary Connor, what action are you taking to ensure 
permits are being processed even as simultaneous rulemakings and 
judicial reviews by the SCOTUS move forward?
    Assistant Secretary Connor, further what is your plan to ensure 
material producers and other key industries can receive approvals in 
order to effectively supply building materials to markets that are 
suffering significantly from shortages and operational disruptions in 
their supply chain?
                                 ______
                                 
      Questions Submitted to Lieutenant General Scott A. Spellmon
               Questions Submitted by Senator Jon Tester
    Question. I am pleased that the New York District of the Corps has 
undertaken several projects under the authority of section 542 of the 
Water Resources Development Act of 2000 (Public Law 106-541) and 
sections 3158, 3159, and 3160 of the Water Resources Development Act of 
2007 (Public Law 110-114).
    Among these projects is phase 1 of a feasibility study of 
constructing an invasive species barrier in the Champlain canal. The 
importance of this work has been driven home recently by evidence that 
the round goby, a highly invasive fish, is now making its way to the 
canal which will allow it to access Lake Champlain, where it is 
expected to have devastating ecological impacts.
    Progress on the Corps feasibility work has been painfully slow, 
however, due in large part to the need, under section 542, for the 
Corps to work with a local sponsor, requiring cost share contributions, 
agreements and coordination that take months, even years, to get in 
place. This feasibility work, as well as design and ultimately 
construction of this much needed measure is specifically authorized 
section 5146 of WRDA 2007 as a 100 percent Federal project. Working 
under this authority the Corps could accelerate progress and provide a 
solution to invasive species transfer at a much earlier date.
    When will the Corps allocate the needed funds within its work plan 
and undertake the Champlain Canal invasive species barrier project 
under the authority of section 5146 of WRDA 2007 and thereby accelerate 
this important and highly time sensitive project?
                                 ______
                                 
             Questions Submitted by Senator Mitch McConnell
    Question. Kentucky Lock and Dam is a gateway to more than 700 miles 
of navigable waters, with $10 billion of products passing through it 
annually. Its current average delay is one of the longest delay times 
of any lock in the inland waterway system. Congress authorized the 
Kentucky Lock and Dam addition project in 1996 and has appropriated 
over $1 billion since then. Yet, this project is still ongoing and, as 
we recently learned, is facing even more extension, pushing the 
estimated completion timeline from 2025 to as late as 2030.
    What are the reasons for such a major delay? Based on the latest 
official assessment in 2020 which stated a 2025 completion, why has the 
project doubled in remaining length to 2030?
    Construction of the original lock began in 1935 and took just 6 
years to complete. With vast advancements in modern technology, why has 
this addition project taken over 26 years and counting?
    What are concrete, hard and fast ways to accelerate the timeline 
without compromising the integrity of the project?
    What is an updated timeline for completion, and do you expect 
additional funding needs?
                                 ______
                                 
               Questions Submitted by Senator John Hoeven
    Question. I recently wrote to you about how drought conditions in 
the upper Missouri River basin create challenges around Lake Sakakawea. 
Persistently low water levels create problems for lake access, on top 
of a backlog of deferred maintenance at various recreation areas around 
the lake. We have a history of State and local officials working with 
the Corps to meet these challenges during drought conditions and I hope 
we can do so again.
    Will you support basic investments in things like boat ramps and 
Corps-owned infrastructure at Lake Sakakawea as part of a coordinated 
effort to preserve lake access during drought conditions in the upper 
Missouri basin?
    Question. Last fall, the Corps of Engineers announced that it would 
conduct a special release of water from Fort Peck on the Missouri River 
to support the spawning of the pallid sturgeon. The Corps eventually 
cancelled this plan due to persistent drought conditions that made it 
unworkable, but it raised concerns that conducting this release would 
result in problems downstream. I have heard from many farmers in 
northwest North Dakota who have concerns about negative impacts on 
cropland and processing facilities. It is also my understanding that a 
surge of water could hurt the operation of several municipal water 
intakes.
    Can you ensure that the Corps of Engineers will not conduct such a 
pulse in the future if such a pulse would harm local interests along 
the Missouri River?
                                 ______
                                 
              Questions Submitted by Senator Bill Hagerty
    Question. I recently became aware of a permit application under 
consideration by the Corps of Engineers involving expansion of an 
existing dock structure located in Port Allen, Louisiana. My 
constituents and industry leaders have voice concerns that his project 
could have long-lasting negative consequences for upstream users. Over 
the last several weeks I have had conversations with the various USACE 
Commanders and U.S. Coast Guard leadership. The permit application, if 
approved would permit Panamax-sized vessels at this already dangerously 
constrained point of the Mississippi River and would create a hazard to 
navigation that would limit full utilization of the Mississippi and 
could obstruct free navigation on that river. The U.S. Coast Guard, 
which is responsible for ensuring the Mississippi River is safe an 
navigable, has evaluated this location on prior occasions and found it 
unfeasible because of the increased probability of major marine 
incidents. As I understand it, the final decision whether to approve or 
deny the permit will be made by the New Orleans District Commander.
    Lt. Col. Spellmon, will the effects on the entire Mississippi River 
system be considered as part of this decision?
    Lt. Col. Spellmon, since this decision will have major impacts 
across the entire length of the Mississippi River system, would it be 
more appropriate for this decision to come from Division or Headquarter 
leadership? If not, could you explain the rational?
    Question. I recently became aware of a permit application under 
consideration by the Corps of Engineers involving expansion of an 
existing dock structure located in Port Allen, Louisiana. My 
constituents and industry leaders have voice concerns that his project 
could have long-lasting negative consequences for upstream users. Over 
the last several weeks I have had conversations with the various USACE 
Commanders and U.S. Coast Guard leadership. The permit application, if 
approved would permit Panamax-sized vessels at this already dangerously 
constrained point of the Mississippi River and would create a hazard to 
navigation that would limit full utilization of the Mississippi and 
could obstruct free navigation on that river. The U.S. Coast Guard, 
which is responsible for ensuring the Mississippi River is safe an 
navigable, has evaluated this location on prior occasions and found it 
unfeasible because of the increased probability of major marine 
incidents. As I understand it, the final decision whether to approve or 
deny the permit will be made by the New Orleans District Commander.
    Lt. Col. Spellmon, will the effects on the entire Mississippi River 
system be considered as part of this decision?
    Lt. Col. Spellmon, since this decision will have major impacts 
across the entire length of the Mississippi River system, would it be 
more appropriate for this decision to come from Division or Headquarter 
leadership? If not, could you explain the rational?
                                 ______
                                 
                Questions Submitted to Mr. David Palumbo
            Questions Submitted by Senator Dianne Feinstein
Klamath Basin Drought Response Agency
    Question. The Klamath Basin has suffered back to back drought years 
which is causing considerable hardship to farmers and also harmed 
endangered species and migratory birds. The fiscal year 2023 budget 
request recommends $21 million for endangered species. How do you plan 
to use these funds to meet the needs of fish, tribes and farmers in the 
Basin?
    Last year I worked to provide an additional $9.9 million under the 
Disaster Response Program for the Klamath Drought Response Agency to 
help farmers impacted by the significant lack of irrigation water 
delivered from the Project. We hear from Klamath water users that there 
is a shortfall in the $27 million in funding needed for the Klamath 
drought response agency. What is Reclamation doing to address this 
shortfall?
    The Department has held a series of meetings with the stakeholders 
in the Basin. Are there more meetings scheduled in the future? Will you 
provide more information on these engagements, specifically what are 
your long term goals for this effort?
                                 ______
                                 
               Questions Submitted by Senator Jon Tester
    Question. The Dry-Redwater Regional Water Authority System in 
Montana has been in progress for nearly two decades, and while they've 
made substantial progress, they still need Federal funding to build out 
the project. In 2020, we passed, with bipartisan support, legislation 
to authorize Bureau of Reclamation to conduct a $5 million feasibility 
study for the project, to clear the way for a formal authorization. How 
is Reclamation planning to fund that study, and what timeline can we 
expect to see for completing it?
                                 ______
                                 
               Questions Submitted by Senator John Hoeven
    Question. The Garrison Diversion Unit was initially designed and 
intended to serve irrigation purposes. Since the project was first 
authorized in 1965, the focus and mission of the project has changed 
multiple times, most recently under the Dakota Water Resources Act of 
2000.
    Garrison Diversion and the Bureau of Reclamation are currently 
conducting a basis of negotiation for the cost of water to make good 
use of the McClusky Canal for the Eastern North Dakota Alternate Water 
Supply Project (ENDAWS), which will help secure an affordable and 
reliable water supply for half of North Dakota's population. As part of 
this process, Reclamation is determining repayment costs for use of 
Federal facilities that currently remain under-utilized.
    Do you think Reclamation should be able to share actual proof of 
costs prior to claiming they are legitimate costs?
    Will you work with my office and our state to approve a cost of 
water for ENDAWS that is fair to water users, for what would otherwise 
be a stranded Federal asset providing no benefit U.S. taxpayers?
                                 ______
                                 

                          SUBCOMMITTEE RECESS

    Senator Feinstein. If there is no further business before 
this committee, we will stand adjourned.
    [Whereupon, at 11:21 a.m., Wednesday, April 6, the 
subcommittee was recessed, to reconvene subject to the call of 
the Chair.]