[Senate Hearing 117-313]
[From the U.S. Government Publishing Office]


                                                     S. Hrg. 117-313

                            BUSINESS MEETING

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                                MEETING

                                 OF THE

                              COMMITTEE ON
                      ENVIRONMENT AND PUBLIC WORKS

                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             SECOND SESSION

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                              MAY 4, 2022

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  Printed for the use of the Committee on Environment and Public Works
  
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        Available via the World Wide Web: http://www.govinfo.gov

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                    U.S. GOVERNMENT PUBLISHING OFFICE                    
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               COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             SECOND SESSION

                  THOMAS R. CARPER, Delaware, Chairman
BENJAMIN L. CARDIN, Maryland         SHELLEY MOORE CAPITO, West 
BERNARD SANDERS, Vermont                 Virginia, 
SHELDON WHITEHOUSE, Rhode Island         Ranking Member
JEFF MERKLEY, Oregon                 JAMES M. INHOFE, Oklahoma
EDWARD J. MARKEY, Massachusetts      KEVIN CRAMER, North Dakota
TAMMY DUCKWORTH, Illinois            CYNTHIA M. LUMMIS, Wyoming
DEBBIE STABENOW, Michigan            RICHARD SHELBY, Alabama
MARK KELLY, Arizona                  JOHN BOOZMAN, Arkansas
ALEX PADILLA, California             ROGER WICKER, Mississippi
                                     DAN SULLIVAN, Alaska
                                     JONI ERNST, Iowa
                                     LINDSEY O. GRAHAM, South Carolina

             Mary Frances Repko, Democratic Staff Director
               Adam Tomlinson, Republican Staff Director
                           
                           C O N T E N T S

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                                                                   Page

                              MAY 4, 2022
                              
                           OPENING STATEMENTS

Carper, Hon. Thomas R., U.S. Senator from the State of Delaware..     1
Capito, Hon. Shelley Moore, U.S. Senator from the State of West 
  Virginia.......................................................     3
Cardin, Hon. Benjamin L., U.S. Senator from the State of 
  Maryland, prepared statement...................................     8

                              LEGISLATION

Nomination Reference and Report, PN 1250, Benny R. Wagner, of 
  Tennessee, to be Inspector General of the Tennessee Valley 
  Authority......................................................   163
S.__, the ``Water Resources Development Act of 2022''............   164
    Senator Inhofe Amendment No. 2, To provide for improvements 
      to the rivers and harbors of the United States, to provide 
      for the conservation and development of water and related 
      resources, and for other purposes..........................   376
General Services Administration Committee Resolutions............   377

                          ADDITIONAL MATERIAL

Letter to Senator Carper from the:
    Broadkill Beach Preservation Association, March 21, 2022.....    14
    National Audubon Society, April 15, 2022.....................    15
    Town of Slaughter Beach, Delaware, March 18, 2022............    18
    Nature Conservancy, April 15, 2022...........................    20
Letter to Senators Carper and Capito from:
    The American Waterways Operators and the Waterways Council, 
      Inc., May 2, 2022..........................................    21
    The American Association of Port Authorities, April 29, 2022.    22
    ADM, May 3, 2022.............................................    23
    The Associated General Contractors of America, May 3, 2022...    24
    The American Shore and Beach Preservation Association, May 3, 
      2022.......................................................    25
    The American Society of Civil Engineers, May 3, 2022.........    26
    The U.S. Chamber of Commerce, May 4, 2022....................    28
    The National Stone, Sand & Gravel Association, May 2, 2022...    30
    The Healing Our Waters-Great Lakes Coalition, May 4, 2022....    31
    The National Parks Conservation Association, May 4, 2022.....    33
    The National Waterways Conference, May 2, 2022...............    35
    The Portland Cement Association, May 3, 2022.................    37
    The Port of Los Angeles, May 2, 2022.........................    38
    The Port of Long Beach, May 2, 2022..........................    39
    The Transportation Construction Coalition, May 4, 2022.......    40
Letter to Senators Carper and Bill Cassidy from the Coastal 
  States Organization, February 1, 2022..........................    41
Letter to Senator Carper et al. from:
    ACT Engineers, Inc., March 31, 2022..........................    43
    The American Road & Transportation Builders Association, May 
      4, 2022....................................................    45
    The National Grain and Feed Association, May 2, 2022.........    46
    The National Parks Conservation Association, April 5, 2022...    47
    The Pacific Northwest Waterways Association, May 2, 2022.....    49
    The National Governors Association et al., May 4, 2022.......    51
SHORRE Act Delivers Bold Solutions Americans Need to Confront 
  Growing Flood Crisis, Environmental Defense Fund, February 10, 
  2022...........................................................    54
Coastal Effects, Fourth National Climate Assessment, U.S. Global 
  Change Research Program........................................    56
Economics and Demographics, Office for Coastal Management........    72
Global Warming and Hurricanes, An Overview of Current Research 
  Results, Geophysical Fluid Dynamics Laboratory, last revised 
  April 22, 2022.................................................    75
Legislation Provides Army Corps New Tools to Help Address 
  Immense, Intensifying Climate-Fueled Challenges, National 
  Wildlife Federation, February 10, 2022.........................    89
Racial Disparities and Climate Change, August 15, 2020...........    91
U.S. Climate Resilience Toolkit, Coastal Erosion, last modified 
  April 1, 2021..................................................   105
U.S. Climate Resilience Toolkit, Inland Flooding, last modified 
  April 12, 2022.................................................   111
Climate Change Indicators: Sea Level, U.S. Environmental 
  Protection Agency..............................................   115
Climate Change Indicators: River Flooding, U.S. Environmental 
  Protection Agency..............................................   123
2022 Report to Congress on Future Water Resources Development, 
  U.S. Army Corps of Engineers, February 2022....................   130
Value to the Nation Fast Facts, USACE Flood Risk Management 2020 
  National Report, U.S. Army Corps of Engineers..................   145
Value to the Nation Fast Facts, USACE Inland Navigation 2018 
  National Report, U.S. Army Corps of Engineers..................   146
The Value of Coastal Wetlands for Flood Damage Reduction in the 
  Northeastern USA, Scientific Reports, August 31, 2017..........   147
U.S. flooding losses will spike 26 percent by 2050 due to climate 
  change, researchers say, the Washington Post, January 31, 2022.   159
[Due to size constraints the following documents are not included 
  in this hearing record but are available on the Web.]
    Global and Regional Sea Level Rise Scenarios for the United 
      States, National Oceanic and Atmospheric Administration, 
      February 2022, https://
      aambpublicoceanservice.blob.core.windows.net/
      oceanserviceprod/hazards/sealevelrise/noaa-nos-techrpt01-
      global-regional-SLR-scenarios-US.pdf
    2021 Report Card for America's Infrastructure, https://
      infrastructurereportcard.org/wp-content/uploads/2020/12/
      National_IRC_2021-report.pdf
    2021 Report to Congress on Future Water Resources 
      Development, U.S. Army Corps of Engineers, February 2021, 
      https://transportation.house.gov/imo/media/doc/
      2021%20Report%20to%20Congress.pdf

 
                            BUSINESS MEETING

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                         WEDNESDAY, MAY 4, 2022

                                       U.S. Senate,
                 Committee on Environment and Public Works,
                                                    Washington, DC.
    The Committee, met, pursuant to notice, at 9:47 a.m. in 
room 406, Dirksen Senate Office Building, Hon. Thomas R. Carper 
(Chairman of the Committee) presiding.
    Present: Senators Carper, Capito, Cardin, Whitehouse, 
Merkley, Markey, Duckworth, Stabenow, Kelly, Padilla, Inhofe, 
Cramer, Boozman, and Ernst.

          OPENING STATEMENT OF HON. THOMAS R. CARPER, 
            U.S. SENATOR FROM THE STATE OF DELAWARE

    Senator Carper. I am going to go ahead and call the 
Committee to order.
    Good morning, everyone.
    I don't know if anybody ever watched any Star Wars movies. 
My sister and I grew up on them. Somebody reminded me that, 
what is today's date? May the Fourth be with you. My staff, 
they wanted me to wear this. I am not going to wear this, but I 
will hold it up so that I can keep them off of my back.
    [Laughter.]
    Senator Carper. Fortunately, the force is with this 
Committee more often than not. Shelley and I were just talking 
about what a joy it is.
    Today, we have the opportunity to do the people's work, as 
we have been doing for a number of years. I just want to say 
just a really special thank you to our staff. We get the credit 
for legislation like this, but our staffs work very, very hard, 
and together, we are grateful to them on both sides of the 
aisle.
    We don't get to mark up major infrastructure legislation 
every day, and I am glad we could do it this day, although we 
do it a lot.
    This morning, we are going to vote on the nomination of 
Benny Wagner to be Inspector General of the Tennessee Valley 
Authority. We are also going to be voting on six General 
Services Administration Resolutions. We will then markup the 
Water Resources Development Act of 2022, also known as WRDA.
    Before we do, just a few words about our bipartisan work on 
this important piece of water resources legislation. The 2022 
WRDA Bill is a result, literally, of months of bipartisan 
collaboration. I want to take a moment to thank Senators 
Capito, Cardin, Cramer, that is a lot of Cs, other members of 
our Committee, and our staffs as well for the hard work in 
getting this legislation ready for consideration today.
    WRDA 2022 embodies the bipartisan spirit of this Committee 
and reflects our record of delivering critical investments and 
important policies for our country and for all of our States on 
a regular basis. Our bill continues the 2 year cycle for WRDA 
bills, ensuring timely congressional authorization for the Army 
Corps' studies and projects that support our economy, restore 
critical ecosystems, and protect our communities from extreme 
weather like flooding and like drought.
    We are particularly proud that our legislation better 
equips the Army Corps to address the threat that climate change 
poses to our coastal communities. And as I have highlighted for 
this Committee before, more than 128 million people in our 
country live in coastal counties. Think about that; 128 million 
people in our country live in coastal counties. I am told that 
about half the Nation's population lives within 15 miles of one 
of our coasts.
    If our coastal counties were their own nation, they would 
rank third in the world in gross domestic product. Think about 
that; if our coastal counties were their own nation, they would 
rank third in the world in gross domestic product, beaten only 
by China and by the U.S.
    A recent report from the National Oceanic and Atmospheric 
Administration projects that the threat of sea level rise will 
accelerate in the next 30 years without intervention by us and 
others. To address this, our legislation reestablishes the 
protection and restoration of shorelines and riverbanks from 
erosion and other damaging forces as a primary mission of the 
Army Corps.
    Our bill also streamlines the implementation of shoreline 
and riverbank protection and restoration projects to aid the 
communities most vulnerable to climate change impacts, and just 
as significantly, it empowers communities to partner with the 
Corps to develop projects that directly address the impact of 
extreme weather, including drought.
    As Senators Cramer, Lummis, Padilla, and Kelly can attest, 
western States continue to experience severe drought 
conditions. WRDA 2022 helps our western States by authorizing 
the Corps to do significant work to mitigate the impact of 
repetitive droughts and conserve water supplies.
    Last, but certainly not least, WRDA 2022 prioritizes equity 
in the Corps' Civil Works Program. Our legislation establishes 
a new Tribal and Disadvantaged Communities Advisory Committee 
to advise the Corps on ways to more effectively deliver 
projects, programs, and other assistance to tribal and other 
economically disadvantaged communities.
    Our bill also extends the authorization for the Tribal 
Partnership Program through 2033, requires assistance to 
economically disadvantaged communities to be prioritized under 
the Corps' existing Planning Assistance to States Program, and 
authorizes a new Workforce Development and STEM Outreach 
Program at the Corps, with priority given to economically 
disadvantaged communities.
    If you can't tell, I am pretty excited on this May 4th 
about our bipartisan package. I often say that bipartisan 
solutions are lasting solutions. With that in mind, let me say 
again how proud I am to lead this Committee with our Ranking 
Member, Senator Capito. I have worked very closely with 
Senators Cardin and Cramer and their staffs on this 
legislation.
    Your partnerships and leadership, folks, on this 
legislation helped us to get here today. In fact, without you 
and your staff, we wouldn't be here today.
    Our Committee has shown, yet again, that we can come 
together across the aisle to help meet the pressing water 
infrastructure needs of the American people.
    With that having been said, let me turn over to Ranking 
Member Senator Capito for her comments.
    Senator Capito.

        OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO, 
          U.S. SENATOR FROM THE STATE OF WEST VIRGINIA

    Senator Capito. Thank you, Chairman Carper, for calling 
this business meeting and for your commitment to continuing our 
bipartisan efforts. I am very proud that we are here with our 
WRDA legislation today.
    As we know, Congress authorizes water resources projects 
and sets national policies for the Civil Works Program of the 
U.S. Corps of Engineers. The work of the Corps protects the 
lives and livelihoods of millions of Americans and facilitates 
commerce throughout this country and internationally. If you 
look at the different projects, you can see the vastness of our 
Nation just displayed throughout this bill.
    Since 2014, Congress has enacted WRDA legislation every 2 
years. Under our former Chairman, we did this as well, and I am 
thrilled that we reached a bipartisan agreement to continue 
that tradition of addressing our Nation's water resources 
needs.
    In addition to the Chairman, I also want to thank Senators 
Cardin and Cramer; we are the four Cs, which means commitment, 
for their leadership on the Subcommittee on Transportation and 
Infrastructure. Your support and partnership during this 
process was integral to reaching this solid agreement.
    I would also like to thank your staff, Mr. Chairman, and in 
particular, your staff director, Mary Frances. I am just going 
to go through the first names: John, Mayely, Tyler, Jordan, and 
Milo. Thank you all very much. On my side, I would like to 
thank Adam, my staff director, and also Murphy, Kim, Jacob, 
Katherine, and Max for their dedication and their long hours of 
work on this.
    Today proves, again, the ability of this Committee to 
develop bipartisan infrastructure legislation that addresses 
the needs of our members and the communities they represent.
    True to the Corps' tradition, this bill moves forward 
projects that will benefit both local communities and the 
entire country. For example, we are authorizing a significant 
project for coastal storm risk management on the coast of Texas 
that will ensure critical port assets can continue to serve our 
country's shipping and supply chain needs moving forward. This 
project will help mitigate the worst impacts of hurricanes for 
local communities. It will also provide a vital corridor for 
our Nation's energy industry.
    As this Committee has heard during its oversight hearing on 
the Corps' response to Hurricane Ida, when constructed, these 
coastal projects work to prevent the worst effects of storms 
and storm damage.
    While this bill is very much oriented toward advancing 
critical projects in our States, it also includes several 
policy changes that will help the Corps succeed better in its 
mission. At the beginning of the process, I outlined some of 
the areas in which I believe change would be beneficial. I said 
we needed to ensure more effective delivery of projects and 
reduce some confusion that some of our communities have 
experienced in dealing with the Corps.
    This bill includes several provisions that will improve 
flexibility with regard to financial accounting for projects. 
It requires reporting on timelines for the environmental review 
process for projects, and it authorizes, for the first time, a 
dedicated research and development account for the Corps to 
spur innovation and provides contracting flexibility in 
undertaking these activities.
    It opens the black box of the Corps by bolstering the 
agency's technical assistance authorities and providing a new 
advisory committee for non-Federal interests to voice their 
opinions on how the Corps can better meet their water resources 
needs. The input of non-Federal interests of the Corps is 
critical. We have had testimony to that effect. And we preserve 
the integral role of non-Federal cost share partners in the 
project delivery process by avoiding mandates from DC.
    In addition to my role as Ranking Member, I represent the 
great State of West Virginia, and I work to address several of 
the needs of my home State. I would share a few highlights. 
This legislation advances a critical flood control project in 
the city of Milton, West Virginia. Authorized in the 1990s, 
this project is a long time coming, and I am proud to have 
helped forward it. The bill also supports flood control studies 
for the Kanawha River Basin and the city of Huntington, and it 
continues to provide environmental infrastructure assistance to 
communities throughout my State.
    In closing, there is a lot in this bill for both sides of 
the aisle for communities across the country. It is the 
culmination of a true bipartisan effort and represents our 
shared goal of addressing our Nation's water resources needs. I 
urge my colleagues to support this legislation.
    Today we are also voting, as you know, on GSA Resolutions 
and the nomination of Benny Wagner to serve as Inspector 
General of the TVA.
    Thank you for your continued partnership, Chairman Carper, 
as we find ways to work together and get things done for our 
country.
    Senator Carper. Thank you so much.
    Again, as you were calling out the names of the senior 
staff who worked on these bills, I just want to say, again, a 
special thanks to all of you.
    I see that we have a quorum here present today. I want to 
thank everybody for making time to join us.
    The first item of business, I am going to call up 
Presidential Nomination 1250, Benny R. Wagner of Tennessee to 
be the Inspector General of the Tennessee Valley Authority.
    I move to approve and report the nomination favorably to 
the Senate. Is there a second?
    Senator Capito. Second.
    Senator Carper. It has been moved and seconded.
    Any discussion?
    All in favor, say aye.
    [Chorus of ayes.]
    Senator Carper. Opposed, say nay.
    [No audible response.]
    Senator Carper. In the opinion of the Chair, the ayes have 
it, and the nomination is favorably reported. I note for the 
record that a quorum of the Committee is present.
    Next, I want to call up six resolutions relating to the 
General Services Administration. As members of this Committee 
know, we routinely approve GSA prospectuses by Committee 
resolution. The resolutions we consider today are for GSA 
leases throughout our country. Members have had the opportunity 
to review these documents, and I believe them to now be non-
controversial.
    Before we vote, Senator Cardin, would you like to say 
something?
    Senator Cardin. Yes, just very briefly.
    I am going to support all of the resolutions. As you know, 
I have been very concerned about GSA implementing our 
prospectus as it relates to the FBI consolidating facilities in 
the Washington region. I have been assured by GSA that, in 
regard to the Kentucky prospectus that is before us, there is 
no planning to relocate permanent personnel from the National 
Capital region. I have also been advised by the Appropriations 
Committee staff that there is no movement of personnel from the 
National Capital region envisioned in this prospectus, so 
therefore, I will support it.
    Senator Carper. Thanks, thanks for that.
    Anyone else wish to comment on any of the resolutions? If 
not, I would like to consider these six GSA resolutions en bloc 
and by voice vote.
    I move to report these items favorably. Is there a second?
    Senator Capito. Second.
    Senator Carper. It has been moved and seconded.
    All in favor, say aye.
    [Chorus of ayes.]
    Senator Carper. All opposed, say nay.
    [No audible response.]
    Senator Carper. The ayes have it, in the opinion of the 
chair. The ayes have it, and the resolutions are approved. 
Again, I note for the record that a quorum of the Committee is 
present.
    Next, we are going to turn to consideration of WRDA, the 
Water Resources Development Act of 2022. This original bill has 
been developed with input from all members over the last 5 
months. Let me say that again: With input from all members. Not 
just all members of this Committee, but all members of the U.S. 
Senate.
    I want to thank all members of the Committee especially for 
the constructive engagement. I want to thank our colleagues who 
are not on this Committee for being a part of the team that 
helped put this together. One of my favorite sayings is from 
the King Sisters, when I worked with my staff back in Delaware, 
I will think of it in a second. Teamwork. There we go. Teamwork 
makes the dream work. Isn't that great? Teamwork makes the 
dream work.
    The original bill has been decided, again, with input from 
a lot of folks, including a lot of folks in this room and not 
in this room. I especially want to thank Senator Capito for her 
leadership and her staff.
    I want to thank Senator Cardin, him and his team, and 
Senator Cramer, to you and your team in your role as Ranking 
Member on the Subcommittee.
    I think we have come together on legislation that we can be 
really proud of.
    I understand that two amendments have been filed by Senator 
Inhofe. Ranking Member Capito, Senator Cardin, Senator Cramer, 
and I all agree that Inhofe Amendment No. 2 is acceptable. 
Therefore, I want to call up Senator Inhofe's Amendment No. 2 
and move that we adopt it by a voice vote.
    All in favor, say aye.
    [Chorus of ayes.]
    Senator Carper. All opposed, say nay.
    [No audible response.]
    Senator Carper. The ayes have it. In the Chairman's view, 
the ayes have it, and the amendment is agreed to.
    I now move that the Committee report the Water Resources 
Development Act of 2022 as amended. Before I ask for a second, 
let me just say to Senator Inhofe, you will be afforded the 
opportunity to speak about either of your amendments or both of 
them later on when we finish voting. Yes, when we finish.
    You bet.
    Senator Stabenow.
    Senator Stabenow. Mr. Chairman, I just wanted to say thank 
you to you and our Ranking Member. This is a really important 
bill. I appreciate all the input from the Great Lakes States. I 
just want to tell you that, for those of us who care deeply 
about 95 percent of their freshwater in the country, which is 
in the Great Lakes, this has important policies to support our 
water, so thank you.
    Senator Carper. Yes, thanks so much.
    Senator Whitehouse.
    Senator Whitehouse. Thank you, Chairman, and thank you also 
to the Ranking Member.
    I just wanted to flag that I have been a fairly persistent 
inquirer about the Army Corps so called Coastal and Inland 
Flooding Account, which sometimes puts a dollar into inland 
flooding for every penny it puts into coastal flooding. So, for 
us coastal States, particularly ones looking at sea level rise 
and worse storm surges and all of that, that seems like a 
pretty unfair situation.
    I just want to express my appreciation to the Chair and the 
Ranking Member for the agreement that is not in this bill, but 
that is part of the negotiating process that the Committee will 
ask GAO for a proper report on this discrepancy, which runs 
between 20 to 1 and 100 to 1 year to year. I think it is high 
time we got rid of it.
    Getting a good explanation of it is a good start, and 
getting the Committee's support for that request moves it up 
the priority level at GAO, so that will help us try to address 
this discrepancy. I just wanted to express my gratitude. Thank 
you.
    Senator Carper. Thank you for those words.
    Anyone else want to comment before we get to voting?
    OK. Now, I am pleased to move that the Committee report the 
Water Resources Development Act of 2022 as amended. Is there a 
second?
    Senator Capito. Second.
    Senator Carper. The clerk will now call the roll.
    The Clerk. Mr. Boozman.
    Senator Boozman. Yes.
    The Clerk. Ms. Capito.
    Senator Capito. Aye.
    The Clerk. Mr. Cardin.
    Senator Cardin. Aye.
    The Clerk. Mr. Cramer.
    Senator Cramer. Aye.
    The Clerk. Ms. Duckworth.
    Senator Carper. She votes aye by proxy.
    The Clerk. Ms. Ernst.
    Senator Ernst. Aye.
    The Clerk. Mr. Graham.
    Senator Capito. Aye by proxy.
    The Clerk. Mr. Inhofe.
    Senator Inhofe. Aye.
    The Clerk. Mr. Kelly.
    Senator Kelly. Aye.
    The Clerk. Ms. Lummis.
    Senator Capito. Aye by proxy.
    The Clerk. Mr. Markey.
    Senator Markey. Aye.
    The Clerk. Mr. Merkley.
    Senator Carper. Aye by proxy.
    The Clerk. Mr. Padilla.
    Senator Padilla. Aye.
    The Clerk. Mr. Sanders.
    Senator Carper. Aye by proxy.
    The Clerk. Mr. Shelby.
    Senator Capito. Aye by proxy.
    The Clerk. Ms. Stabenow.
    Senator Stabenow. Aye.
    The Clerk. Mr. Sullivan.
    Senator Capito. Aye by proxy.
    The Clerk. Mr. Whitehouse.
    Senator Whitehouse. Aye.
    The Clerk. Mr. Wicker.
    Senator Capito. Aye by proxy.
    The Clerk. Mr. Chairman.
    Senator Carper. Aye.
    The Clerk. Mr. Chairman, the yeas are 20, the nays are 
zero.
    Senator Carper. The yeas are, say that again, 20 to zero? I 
like that.
    The Clerk. The yeas are 20, the nays are zero.
    Senator Carper. Yes. Senator Duckworth, would you like to 
cast your vote in person?
    Senator Duckworth. I would, Mr. Chairman. Aye.
    Senator Carper. Thanks so much.
    Well, we are united. We are 20 to zero. Twenty yeas, zero 
nays, and the legislation is favorably reported.
    That concludes the Committee's votes as part of the 
business meeting today. Teamwork does make the dream work.
    Mr. Kelly, did you wish? Let me just finish one, and I will 
just yield to you and Senator Inhofe.
    That concludes our meeting today. These votes are a part of 
the business meeting. Again, I thank all the members for your 
participation.
    I now recognize members that would like to speak on any of 
the filed amendments of the items that we have voted on today, 
starting with Senator Inhofe, and then to Senator Kelly.
    Senator Cardin. Mr. Chairman, can I just interrupt for 1 
second?
    Senator Carper. Yes, sir, please.
    Senator Cardin. I was going to give a lengthy statement 
thanking you for your great work, and Senator Capito for her 
great work.
    Senator Carper. The gentleman is recognized.
    [Laughter.]
    Senator Cardin. But I will just put my statement in the 
record with your consent.
    [The prepared statement of Senator Cardin follows:]

                 Statement of Hon. Benjamin L. Cardin, 
                U.S. Senator from the State of Maryland

    Chairman Carper and Ranking Member Capito, thank you for 
your leadership in crafting this year's Water Resources 
Development Act. I also want to thank Senator Cramer, my 
counterpart on the Transportation and Infrastructure 
Subcommittee, for his work on this bill as well as all of my 
colleagues on the Committee on Environment and Public Works. 
With a strong bipartisan effort in developing this bill, with 
contributions from every Senate office, and a bipartisan vote 
today, we are on a path to deliver a WRDA bill this year and 
maintain our recent track record of a WRDA bill every 2 years. 
This consistency helps us provide timely direction and critical 
authorizations for the Army Corps of Engineers.
    This year's bill reflects the importance of the Army Corps 
of Engineers' missions and the growing demand for its efforts 
and expertise around the country. Climate change is clearly a 
major driver of this demand. The climate crisis is forcing us 
to act with new urgency to protect our communities from a range 
of impacts that our country is experiencing with increasing 
frequency and severity, including storms and sea level rise and 
the associated erosion and flooding that these events bring. It 
is also forcing us to prioritize the restoration of ecosystems 
that are impacted by climate change but that can also play a 
role in building resilience.
    This year's WRDA bill reflects the realities of climate 
change impacts by, for example, authorizing a major new project 
for protecting the coast of Texas and elevating the importance 
of shoreline and riverbank erosion in the Army Corps' studies 
and projects.
    This bill also takes important steps to push the Army 
Corps' assistance and activities to reach more disadvantaged 
communities and communities that may have longstanding needs 
that have not yet had the opportunity for a partnership with 
the Corps. I am especially proud of a new program designed to 
address the needs of ``underserved harbors.'' Maryland has many 
such harbors along the Chesapeake Bay and its tributaries. They 
may be small in size, but they are central to the livelihoods 
and identities of the communities they serve. Without the 
resources for maintenance over many years, their functionality 
and safety for navigation have deteriorated. We want to give 
these communities a chance to work with the Corps to address 
the needs they have for safe navigation while finding ``win-
win'' situations for the environment and navigation by linking 
more maintenance projects to beneficial use projects.
    This year's WRDA bill also signals a strong interest in the 
assistance that the Army Corps can provide cities, counties, 
and regions on environmental infrastructure projects--upgrading 
our drinking water and wastewater systems and improving our 
stormwater management. Among the authorizations for 
environmental infrastructure assistance is a new statewide 
authorization for Maryland, which can help communities 
throughout our State design and construct critical repairs and 
upgrades to our water infrastructure.
    These are just some of the important pieces of this year's 
WRDA bill, which I am proud to support along with my colleagues 
in this Committee. Again, I thank you for working together to 
craft this bipartisan legislation, and I look forward to 
working with you in the days and weeks ahead to advance the 
bill toward full Senate approval and enactment.

    Senator Carper. Thank you so much, Ben. Thank you.
    Senator Inhofe, please. Former Chairman of our Committee. 
You have done a lot of these, haven't you?
    Senator Inhofe. I am sorry?
    Senator Carper. You have done a lot of these WRDA bills, 
haven't you?
    Senator Inhofe. Yes. I do want to comment on my Amendment 
No. 1, which is the Altus Project. If I can just, I need to get 
this in the record, I would appreciate the attention of our 
members.
    I thank you, Chairman Carper, and Ranking Member Capito, 
for your leadership on this Committee and for your work on the 
2022 WRDA Bill. Good job. It kind of demonstrates that we have 
been doing this for a lot of years now, working together, as 
opposed to working apart. I appreciate it.
    I am proud to support the legislation which makes important 
investments into civil works projects across Oklahoma and the 
Nation. I offered an amendment that mirrors legislation that I 
have introduced this Congress that amends the provision of the 
2018 WRDA bill that directly affects Oklahoma. I might add, it 
affects only Oklahoma.
    In 2015, the Bureau of Reclamation identified costly 
repairs needed to prevent the probability of failure and the 
2018 WRDA bill included a provision that was intended to ensure 
the dam and dike safety modifications cost be completely at the 
cost of the Federal Government. My amendment clarifies 
congressional intent to ensure that the approximately $40 
million in dam and dike safety, modernizations, repairs 
required by the Bureau of Reclamation at the WC Austin Project 
in Altus are entirely Federal as Congress intended in the 2018 
WRDA Bill.
    At that time, I believe, I might have been the Chairman of 
this Committee. I recognize my amendment is outside of EPA's 
jurisdiction, and I remain committed to continuing to work with 
ENR, that is Energy and Natural Resources, the Chairman 
mentioned, and the Ranking Member Barrasso, to advance this 
legislation before their committee. Because it has to go 
through their committee where the jurisdiction is to make this 
a reality.
    My request to the Chair and the Ranking Member of this 
Committee is that, as I work with the leadership of the ENR 
Committee to advance this legislation, that you both work with 
me to get this needed provision into law, Mr. Chairman.
    Senator Carper. Happy to do it. We understand the amendment 
is outside the jurisdiction of this Committee, but it is 
appropriately before Energy and Natural Resources, and we will 
be pleased to try to be an enabler in that.
    Senator Inhofe. Very good. Thank you.
    Senator Carper. Thanks.
    Before I turn, Senator Inhofe has shared with all of us 
that he is going to be moving on toward the end of the year. 
Well, we have got a lot of time between now and the end of the 
year.
    Senator Inhofe. We do.
    Senator Carper. A lot of good work to do. This is just one 
piece of it.
    Senator Inhofe. Actually, until the third of January, so we 
have three extra days you don't know about.
    [Laughter.]
    Senator Carper. We will make every one of them count.
    Senator Inhofe. Very good, very good. Thank you.
    Senator Carper. All right.
    Senator Kelly.
    Senator Kelly. Thank you, Mr. Chairman, and thank you for 
all the hard work on this bill. It is incredibly important for 
the State of Arizona. I do want to discuss a little bit about 
what is in here with regards to WRDA 2022.
    As many folks know, Arizona is facing the worst drought 
conditions experienced along the Colorado River in more than 
1,200 years. Last year, we saw a tier one shortage declared on 
the river prompting water cuts for users throughout the State. 
And this year, we are in a real risk of water levels in Lake 
Powell falling so low that hydropower cannot be produced, 
risking not just water deliveries for the lower Colorado River 
Basin, but also depriving communities throughout the western 
United States of a reliable source of renewable energy.
    If we don't act, we could see even more dire outcomes in 
years to come. It is critical that we have a whole of 
government response to the drought conditions in Arizona and 
throughout the western United States.
    We are taking a step forward with today's bill that ensures 
the Army Corps of Engineers can play a more significant role in 
responding to drought conditions and support several Arizona 
projects for the first time in their history, first time. Our 
bill gives the Army Corps the authority to address drought risk 
management and water supply conservation needs when planning, 
constructing, and operating water resources development 
projects and programs.
    This is a big deal for Arizona. While the Army Corps 
already operates dams, reservoirs, and flood control structures 
in the State, the Corps does not have a permanent authority to 
plan or construct projects for the purpose of reducing drought 
risk.
    Our bipartisan bill changes that. It is going to allow the 
Corps to ensure projects built or operated in Arizona help 
conserve our scarce water resources. And these changes will 
allow the Army Corps to work alongside local sponsors in 
Arizona to construct new projects that will help Arizona store 
more of our scarce water. It will also help us improve our 
water conveyance infrastructure to find more ways to reduce 
water loss.
    Importantly, the bill also reauthorizes the Tribal 
Partnership Program through 2033. This is used by the Corps to 
help fund water infrastructure improvements in Arizona's tribal 
communities.
    It also establishes a new, dedicated program focused on 
helping improve water storage and conservation efforts at dams 
and reservoirs in the western United States. And it increases 
funding available for the Western Water Infrastructure program, 
which allows the Corps to support water infrastructure projects 
for small and rural communities throughout Arizona.
    Since this program was created in the last WRDA, the Corps 
has already backed 20 projects across the State of Arizona, and 
this additional support will help us complete at least 75 
additional projects.
    This bill also honors our commitment to Arizona tribal 
communities by ensuring Tribes can participate in the Corps' 
Abandoned and Inactive Non-Coal Mine Restoration Program 
without needing to meet a burdensome cost share. This will be a 
game changer for efforts to clean up the more than 500 
abandoned uranium mines on the Navajo Nation.
    Finally, the bill cuts through the red tape to ensure that 
the Army Corps projects in Flagstaff and along the Rio Salado 
in Phoenix can continue work without needing additional 
budgetary approvals. And I was able to secure some language to 
make sure that the Corps expedites its completion of projects 
in the West Valley, in Cave Creek, in Winslow, Eloy, Globe, 
Douglas, and where Gabby and I live in Tucson.
    In closing, this bill delivers meaningful and important 
wins for Arizona, and I am grateful to you, Mr. Chairman and to 
Ranking Member Capito and all the members of the Committee, for 
your leadership and partnership in crafting this important 
bipartisan bill.
    I yield back. Thank you.
    Senator Carper. Thank you for that. That is an impressive 
list of accomplishments in this one bill for your State.
    I just want to make sure I heard correctly what you said at 
the beginning of your comments. I wrote down, ``the worst 
drought conditions in 1,200 years.'' For what part of your 
State, again?
    Senator Kelly. So, for the western Part of the United 
States, so 1,200 years, we have not seen. The way we know this, 
Mr. Chairman, is we can look at tree rings. You can tell from 
taking a section of a tree. Some trees that we have, they might 
not be standing anymore, but you can go back 1,200 years, and 
you can tell using the science what the moisture content of the 
ground was at the time.
    This is the worst drought in 1,200 years. It has been going 
on for about 20 years, and it presents serious challenges. I 
don't know if you saw the latest on Lake Mead and Lake Powell 
levels, but we are potentially going to have to face some more 
serious cuts.
    Now, this bill and the Bipartisan Infrastructure Bill that 
has $8 billion for western water infrastructure, goes a long 
way toward getting us to solve this problem. And I do believe 
we will engineer ourselves out of this. We have got the best 
engineers and scientists in the world, and we can address this. 
Thank you.
    Senator Carper. You bet. A lot of times, we focus on, a lot 
of us are from coastal States on this Committee and in the 
Senate, and we focus on sea level rise, which is a huge concern 
for us and for Delaware and throughout the East Coast, West 
Coast, the Gulf Coast. Senator Cassidy was saying just the 
other day in a meeting that you may have been a part of, that 
the State of Louisiana, they lose a piece of land the size of a 
football field every 100 minutes.
    Senator Kelly. I believe he said they have also lost land 
the size of Delaware so far, due to sea level rise.
    Senator Carper. That is huge. It is a timely reminder that 
it is not just the coastal States that have this concern, and 
that it is important that we need to not just address the 
symptoms of these problems, but also the root causes. Thank you 
for your standing up for Arizona.
    We yield to Senator Cramer, please.
    Thank you so much for all your work and that of your staff. 
We are grateful.
    Senator Cramer. Thank you, Chairman.
    It was interesting to listen to Senator Kelly's description 
of things in Arizona. I have learned a lot about the coastal 
States and your challenges from you, of course, Senator 
Whitehouse, who I thought was very modest when he said 
something like, some of you know I tend to question, I think he 
was----
    Senator Carper. He was understating.
    [Laughter.]
    Senator Cramer. He was understating. I have learned a lot 
from you all.
    But I think the whole bill and this Committee are an 
example of the diversity of our great country. It is a joy to 
work with you, Chairman Carper and Ranking Member Capito and 
Senator Cardin and the entire Committee. And this bill does 
serve as an exemplary example of what can be done when we work 
together, when we collaborate, and when we care about our 
Nation's water infrastructure and our land.
    This legislation, for those of us in the West, prioritizes 
western States' water rights, and works toward better 
cooperation and better cooperative federalism with the Corps of 
Engineers that was envisioned by our Nation's founders, of 
course, and the authors of the Flood Control Act of 1944.
    It also focuses on recreation. The Corps doesn't oftentimes 
get credit for this, but the Corps is a significant Federal 
land management agency often overlooked to provide greater 
recreational opportunities for our constituents. This bill 
gives the flexibility to the local jurisdictions for the Corps 
to make repairs quicker, to provide improved recreational 
access while requiring the Corps to outline a plan for future 
use of these resources.
    It also provides increased funding levels for water and 
wastewater programs utilized and sought after by the small 
towns throughout North Dakota and throughout the entire 
country. In a number of instances, I, along with a number of 
you all and my colleagues, I take this once every 2 year 
opportunity to provide the Corps congressional direction on 
matters that are important to our constituents, including 
entering into an agreement with the Red River Valley Water 
Supply Project manager to ensure that water supply from the 
projects reaches its beneficial users and providing the 
necessary hydrologic analysis to protect our flood control 
interests in the Souris River Basin.
    I want to extend my gratitude to the North Dakota Attorney 
General's Office, and the North Dakota Department of Water 
Resources, and other stakeholders for their invaluable input 
throughout this process helping deliver wins for our State and 
for all of our States.
    Thank you again, Mr. Chairman, and congratulations on 
another job well done.
    Senator Carper. Thank you so much, and thanks again for 
your invaluable help.
    As my colleagues know, I go back and forth to Delaware 
almost every night on the train. I come back in the morning. 
This morning, I was running a little bit late and made a train 
and got on the train, and somebody said to me, do you go back 
and forth every night? I said, well, just about. This person 
said to me, I wouldn't want your job for all the tea in China.
    I said, believe it or not, I really love what I do. He 
said, why? You guys just fight and never get anything done. And 
I said, I wish you could come with me today and see what a 
Committee where people work together, members, staff, what we 
can get done for 50 States with input from all 50 States. It 
would be a refreshing and encouraging thing to watch.
    I am just glad that we have the opportunity to set a good 
example. We have done that with the Bipartisan Infrastructure 
Bill. We do it with all kinds of legislation. The idea of 
reporting out something this expansive, this beneficial, again, 
with a bipartisan unanimous vote, is just, for me, it is very 
rewarding and satisfying.
    I want to say again to Mary Frances Repko, our Staff 
Director, to Adam, every member of our team, especially John 
Kane, who leads our Water Team on the Democrat side, just great 
work, great work. It is not done, but we are well on our way, 
and look forward to getting this ball not just in the red zone, 
but in the end zone.
    Anybody else?
    With that, some final housekeeping.
    Thanks, Mary Frances.
    I want to ask unanimous consent to submit for the record 
letters of support and other items considering the Water 
Resources Development Act of 2022. I also ask unanimous consent 
that the staff have authority to make technical and conforming 
changes to each of the matters approved today.
    [The referenced information follows. Due to size 
constraints the following documents are not included in this 
hearing record but are available on the Web.]
     Global and Regional Sea Level Rise Scenarios for the 
United States, National Oceanic and Atmospheric Administration, 
February 2022, https://
aambpublicoceanservice.blob.core.windows.net/oceanserviceprod/
hazards/sealevelrise/noaa-nos-techrpt01-global-regional-SLR-
scenarios-US.pdf
     2021 Report Card for America's Infrastructure, https://
infrastructurereportcard.org/wp-content/uploads/2020/12/
National_IRC_2021-report.pdf
     2021 Report to Congress on Future Water Resources 
Development, U.S. Army Corps of Engineers, February 2021, 
https://transportation.house.gov/imo/media/doc/
2021%20Report%20to%20Congress.pdf
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    Senator Carper. Again, my thanks to everyone for your 
participation in this business meeting. And in the spirit of 
Star Wars, may the fourth and the force be with you. And in the 
words of the King Sisters, teamwork does make the dream work.
    I think, with that, are we done? Is it a wrap? It is a 
wrap. Thanks, everyone.
    [Whereupon, at 10:21 a.m., the business meeting was 
concluded.]
    [The referenced legislation follows:]
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