- LEGISLATIVE HEARING ON H.R. 4219, TO ESTABLISH THE SOUTHWESTERN POWER ADMINISTRATION FUND, AND FOR OTHER PURPOSES, " SOUTHWESTERN POWER ADMINISTRATION FUND ESTABLISHMENT ACT"; H.R. 5770, TO REAUTHORIZE CERTAIN UNITED STATES GEOLOGICAL SURVEY WATER DATA ENHANCEMENT PROGRAMS, "WATER DATA IMPROVEMENT ACT"; H.R. 6107, TO AMEND THE OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009 TO AUTHORIZE CERTAIN EXTRAORDINARY OPERATION AND MAINTENANCE WORK FOR URBAN CANALS OF CONCERN, "URBAN CANAL MODERNIZATION ACT"; AND H.R. 6127, TO PROVIDE FOR THE STANDARDIZATION, CONSOLIDATION, AND PUBLICATION OF DATA RELATING TO PUBLIC OUTDOOR RECREATIONAL USE OF FEDERAL WATERWAYS AMONG FEDERAL LAND AND WATER MANAGEMENT AGENCIES, AND FOR OTHER PURPOSES, "MODERNIZING ACCESS TO OUR PUBLIC WATERS ACT", OR "MAPWATERS ACT"

    [House Hearing, 118 Congress]
    [From the U.S. Government Publishing Office]

                       H.R. 4219, H.R. 5770, H.R. 6107,
                                 AND H.R. 6127

    =======================================================================

                              LEGISLATIVE HEARING

                                   BEFORE THE

                      SUBCOMMITTEE ON WATER, WILDLIFE AND
                                     FISHERIES

                                     OF THE

                         COMMITTEE ON NATURAL RESOURCES
                         U.S. HOUSE OF REPRESENTATIVES

                        ONE HUNDRED EIGHTEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                           Tuesday, November 14, 2023

                                   __________

                               Serial No. 118-78

                                   __________

           Printed for the use of the Committee on Natural Resources

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

            Available via the World Wide Web: http://www.govinfo.gov
                                       or
              Committee address: http://naturalresources.house.gov

                       U.S. GOVERNMENT PUBLISHING OFFICE
    54-103 PDF                  WASHINGTON : 2024

    -----------------------------------------------------------------------------------

                        COMMITTEE ON NATURAL RESOURCES

                         BRUCE WESTERMAN, AR, Chairman
                        DOUG LAMBORN, CO, Vice Chairman
                      RAUL M. GRIJALVA, AZ, Ranking Member

    Doug Lamborn, CO			Grace F. Napolitano, CA
    Robert J. Wittman, VA			Gregorio Kilili Camacho Sablan,
    Tom McClintock, CA			    CNMI
    Paul Gosar, AZ				Jared Huffman, CA
    Garret Graves, LA			Ruben Gallego, AZ
    Aumua Amata C. Radewagen, AS		Joe Neguse, CO
    Doug LaMalfa, CA			Mike Levin, CA
    Daniel Webster, FL			Katie Porter, CA
    Jenniffer Gonzalez-Colon, PR		Teresa Leger Fernandez, NM
    Russ Fulcher, ID			Melanie A. Stansbury, NM
    Pete Stauber, MN			Mary Sattler Peltola, AK
    John R. Curtis, UT			Alexandria Ocasio-Cortez, NY
    Tom Tiffany, WI				Kevin Mullin, CA
    Jerry Carl, AL				Val T. Hoyle, OR
    Matt Rosendale, MT			Sydney Kamlager-Dove, CA
    Lauren Boebert, CO			Seth Magaziner, RI
    Cliff Bentz, OR				Nydia M. Velazquez, NY
    Jen Kiggans, VA				Ed Case, HI
    Jim Moylan, GU				Debbie Dingell, MI
    Wesley P. Hunt, TX			Susie Lee, NV
    Mike Collins, GA
    Anna Paulina Luna, FL
    John Duarte, CA
    Harriet M. Hageman, WY

                        Vivian Moeglein, Staff Director
                          Tom Connally, Chief Counsel
                     Lora Snyder, Democratic Staff Director
                       http://naturalresources.house.gov
                                     ------

                 SUBCOMMITTEE ON WATER, WILDLIFE AND FISHERIES

                           CLIFF BENTZ, OR, Chairman
                          JEN KIGGANS, VA, Vice Chair
                       JARED HUFFMAN, CA, Ranking Member

    Robert J. Wittman, VA                Grace F. Napolitano, CA
    Tom McClintock, CA                   Mike Levin, CA
    Garret Graves, LA                    Mary Sattler Peltola, AK
    Aumua Amata C. Radewagen, AS         Kevin Mullin, CA
    Doug LaMalfa, CA                     Val T. Hoyle, OR
    Daniel Webster, FL                   Seth Magaziner, RI
    Jenniffer Gonzalez-Colon, PR         Debbie Dingell, MI
    Jerry Carl, AL                       Ruben Gallego, AZ
    Lauren Boebert, CO                   Joe Neguse, CO
    Jen Kiggans, VA                      Katie Porter, CA
    Anna Paulina Luna, FL                Ed Case, HI
    John Duarte, CA                      Raul M. Grijalva, AZ, ex officio
    Harriet M. Hageman, WY
    Bruce Westerman, AR, ex officio

                                  -----------

                                    CONTENTS

                                  -----------
                                                                       Page

    Hearing held on Tuesday, November 14, 2023.......................     1

    Statement of Members:

        Bentz, Hon. Cliff, a Representative in Congress from the
          State of Oregon............................................     2

        Panel I:

        Simpson, Hon. Mike, a Representative in Congress from the
          State of Idaho.............................................     3
        Moore, Hon. Blake, a Representative in Congress from the
          State of Utah..............................................     4
        Neguse, Hon. Joe, a Representative in Congress from the State
          of Colorado................................................     8
        Graves, Hon. Sam, a Representative in Congress from the State
          of Missouri................................................     9

    Statement of Witnesses:

        Panel II:

        Wech, Mike, Administrator, Southwestern Power Administration,
          Tulsa, Oklahoma............................................     6
            Prepared statement of....................................     7
        Fuller, Nicki, Executive Director, Southwestern Power
          Resources Association, Tulsa, Oklahoma.....................    10
            Prepared statement of....................................    12
        Shallcross, Amy L., P.E., Board Member and Chair of the Water
          Data and Science Committee for the Interstate Council on
          Water Policy, West Trenton, New Jersey.....................    14
            Prepared statement of....................................    16
        Platt, Ron, Chair of the Long-Range Planning Committee, Boise
          Project Board of Control, Caldwell, Idaho..................    17
            Prepared statement of....................................    19
        Schmitz, Taylor, Director of Government Relations,
          Congressional Sportsmen's Foundation, Washington, DC.......    22
            Prepared statement of....................................    24
            Questions submitted for the record.......................    26

    Additional Materials Submitted for the Record:

        Bureau of Reclamation, Statement for the Record on H.R. 6107.    41

        Department of the Interior, Statement for the Record on H.R.
          6127.......................................................    42

        U.S. Geological Survey, Statement for the Record on H.R. 5770    44

        Submissions for the Record by Representative Bentz
          Letters of Support for H.R. 4219...........................

            Northeast Louisiana Power Co-op..........................    32
            City Water and Light Plant, City of Jonesboro............    33
            American Public Power Assoc./National Rural Electric Co-
              op Assoc...............................................    34
            Paragould Municipal Utilities............................    36
            Sikeston Board of Municipal Utilities....................    37
            Nixa Utilities & Public Works............................    38
            Kansas Electric Power Co-op, Inc.........................    39
            Association of Missouri Electric Cooperatives............    40

        Submissions for the Record by Representative Neguse

            FY2024 USGS Streamgage Program...........................    46

     LEGISLATIVE HEARING ON H.R. 4219, TO ESTABLISH THE SOUTHWESTERN POWER
      ADMINISTRATION FUND, AND FOR OTHER PURPOSES, `` SOUTHWESTERN POWER
      ADMINISTRATION FUND ESTABLISHMENT ACT''; H.R. 5770, TO REAUTHORIZE
        CERTAIN UNITED STATES GEOLOGICAL SURVEY WATER DATA ENHANCEMENT
       PROGRAMS, ``WATER DATA IMPROVEMENT ACT''; H.R. 6107, TO AMEND THE
        OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009 TO AUTHORIZE CERTAIN
       EXTRAORDINARY OPERATION AND MAINTENANCE WORK FOR URBAN CANALS OF
     CONCERN, ``URBAN CANAL MODERNIZATION ACT''; AND H.R. 6127, TO PROVIDE
        FOR THE STANDARDIZATION, CONSOLIDATION, AND PUBLICATION OF DATA
    RELATING TO PUBLIC OUTDOOR RECREATIONAL USE OF FEDERAL WATERWAYS AMONG
      FEDERAL LAND AND WATER MANAGEMENT AGENCIES, AND FOR OTHER PURPOSES,
     ``MODERNIZING ACCESS TO OUR PUBLIC WATERS ACT'', OR ``MAPWATERS ACT''

                                  ----------

                           Tuesday, November 14, 2023

                         U.S. House of Representatives

                 Subcommittee on Water, Wildlife and Fisheries

                         Committee on Natural Resources

                                 Washington, DC

                                  ----------

        The Subcommittee met, pursuant to notice, at 11:19 a.m. in
    Room 1334, Longworth House Office Building, Hon. Cliff Bentz
    [Chairman of the Subcommittee] presiding.
        Present: Representatives Bentz, LaMalfa, Hageman; and
    Neguse.
        Also present: Representatives Graves of Missouri, Simpson,
    and Moore of Utah.

        Mr. Bentz. The Subcommittee on Water, Wildlife and
    Fisheries will come to order.
        Good morning, everyone. I want to welcome Members,
    witnesses, and our guests in the audience to today's hearing.
        Without objection, the Chair is authorized to declare a
    recess of the Subcommittee at any time.
        Under Committee Rule 4(f), any oral opening statements at
    hearings are limited to the Chairman and the Ranking Member. I
    therefore ask unanimous consent that all other Members' opening
    statements may be made part of the hearing record if they are
    submitted in accordance with Committee Rule 3(o).
        Without objection, so ordered.
        I also ask unanimous consent the gentleman from Missouri,
    Mr. Graves; the gentleman from Idaho, Mr. Simpson; and the
    gentleman from Utah, Mr. Moore be allowed to participate in
    today's hearing.
        Without objection, so ordered.
        We are here today to consider four legislative measures:
    H.R. 4219, the Southwestern Power Administration Fund
    Establishment Act, sponsored by Representative Graves of
    Missouri; H.R. 5770, the Water Data Improvement Act, sponsored
    by Representative Neguse of Colorado; H.R. 6107, the Urban
    Canal Modernization Act, sponsored by Representative Simpson of
    Idaho; and H.R. 6127, the Modernizing Access to Our Public
    Waters Act, or MAP Waters Act, sponsored by Representative
    Moore of Utah.
        I now recognize myself for a 5 minute opening statement.

    STATEMENT OF THE HON. CLIFF BENTZ, A REPRESENTATIVE IN CONGRESS
                        FROM THE STATE OF OREGON

        Mr. Bentz. Today, we are meeting to discuss four bills
    addressing regional and national issues.
        H.R. 6127, introduced by Congressman Blake Moore of Utah,
    builds upon the investments made in previous Congresses to help
    ensure that Americans can more easily find information and
    resources to help facilitate access to our waters.
        Unsurprisingly, there are multiple Federal agencies that
    have some degree of jurisdiction and regulatory authority over
    what hunters, anglers, and boaters can or cannot do on
    navigable waters. The MAP Waters Act will direct Federal
    agencies to digitize and make available to the public any
    access or recreational use restrictions on Federal waterways.
        H.R. 5770, introduced by Congressman Neguse, reauthorizes
    two U.S. Geological Survey programs. The first, the Federal
    Priority Stream Gauge Program, helps meet a multitude of
    Federal priorities and responsibilities. These include
    forecasting floods and droughts, supporting water quality
    assessments of major rivers and estuaries, supporting
    interstate and international compacts, court decrees, treaties,
    and other border water agreements. The second program is the
    National Groundwater Resources Monitoring Program. There USGS
    works in collaboration with Federal, state, and local agency
    data providers to monitor groundwater levels.
        H.R. 4219, introduced by Congressman Graves of Missouri,
    would establish the Southwestern Power Administration Fund, a
    permanent, self-financed revolving fund supplied through
    Southwestern's power sales receipts with no annual
    appropriations.
        Lastly, H.R. 6107, introduced by Congressman Simpson of
    Idaho, would help irrigation districts needing to pay for
    extraordinary maintenance needs of Bureau of Reclamation canals
    that pose a potential risk to urban areas.
        I thank the Members for their work on these bills and to
    the witnesses for testifying today.
        I will now introduce our first panel. As is typical with
    legislative hearings, the bills' sponsors are recognized for 5
    minutes each to discuss their bills. With us today are a number
    of Congressmen, and I will begin with Chairman Simpson.
        I recognize Chairman Simpson for his testimony. You have 5
    minutes.

        STATEMENT OF THE HON. MIKE SIMPSON, A REPRESENTATIVE IN
                    CONGRESS FROM THE STATE OF IDAHO

        Mr. Simpson. Thank you, Mr. Chairman. It has been a long
    time since I have been over here. I forgot my passport. I am
    sorry I am late. It is good to be with you. Thank you, Chairman
    Bentz and members of the Subcommittee, for consideration of
    this bill today.
        I am here to introduce H.R. 6107, the Urban Canal
    Modernization Act. This bill authorizes the Bureau of
    Reclamation to provide a 35 percent non-reimbursable cost share
    for certain extraordinary operations and maintenance work on
    urban canals of concern. The Bureau may also provide more funds
    than a 35 percent cost share, though any funds over the 35
    percent would be reimbursable.
        It is important to note that the Urban Canal Modernization
    Act does not appropriate any new money. Rather, it frees up
    existing aging infrastructure funds for work on these canals.
        Many canals in the West were originally built across large
    tracts of undeveloped or agricultural land. However, rapid
    urbanization over the years has built up the areas surrounding
    the canals. This new infrastructure has raised the cost of
    operations and maintenance of these canals, as well as the
    risks of property damage or loss of life in the event of a
    canal failure.
        The Bureau of Reclamation has designated these canals
    ``urban canals of concern''. One such canal is the New York
    Canal in Boise. How it got the name New York Canal in Boise, I
    don't know, but I guess someone here will be able to explain
    that. On part of the New York Canal's run you can stand at an
    elevated edge of the canal and look directly down into
    someone's backyard.
        The operations and maintenance responsibilities for many of
    these canals were previously transferred from the Bureau of
    Reclamation to local project managers made up of irrigation
    districts or other such organizations. The Boise Project Board
    of Control manages the New York Canal. These project managers
    usually have budgets that reflect what operations and
    maintenance costs were before the surrounding area was
    urbanized, not what they are now. Obviously, that has put these
    managers in a tough position when needing to fund repairs to
    these canals, some of which are over 100 years old at this
    point. Access to existing aging infrastructure funds through a
    35 percent non-reimbursable cost share for these repairs will
    go a long way in helping these local managers afford the
    repairs these canals need.
        This legislation also specifies that any reimbursable funds
    provided for these purposes, that funding over 35 percent of
    the project's cost, to be considered a non-Federal source when
    considering cost sharing requirements for other Federal grants.
        The non-reimbursable and reimbursable funds this bill
    authorizes will allow those responsible for the maintenance of
    these canals through what are now urban areas in the West to do
    their job, helping to maintain essential water deliveries, as
    well as protecting the communities that have been built near
    these canals.
        A little later you will hear from Ron Platt, member of the
    Boise Project Board of Control and incoming President of the
    Idaho Water Users Association, to discuss this bill further and
    answer any questions members of the Subcommittee may have.
        Thank you again, Chairman Bentz and the Subcommittee. I
    encourage a favorable report of this bill, and I yield back.

        Mr. Bentz. Thank you, Chairman Simpson, and thank you for
    visiting our humble little hearing room.
        The Chair now recognizes Congressman Blake Moore for 5
    minutes.

    STATEMENT OF THE HON. BLAKE MOORE, A REPRESENTATIVE IN CONGRESS
                         FROM THE STATE OF UTAH

        Mr. Moore. Thank you, Chairman Bentz, Ranking Member
    Huffman, as well, for the opportunity to join you today. It is
    always great to be back in such a productive environment here.
    Natural Resources cares about solving problems, and I
    appreciate the work that you do, Chairman.
        I am grateful to testify on behalf of my bipartisan
    legislation, the Modernizing Access to Public Waters Act, or
    the MAP Waters Act, which I have introduced alongside
    Representatives Fulcher, Dingell, and Panetta, who are co-
    leading this important legislation with me.
        Last Congress, as a member of this Committee, I was
    thrilled to work with you and the other colleagues in Congress
    to pass and enact the MAPLand Act with overwhelming bipartisan
    support. That law directed Federal land management agencies to
    digitize and standardize mapping records so that Americans can
    use standard technology to access critically important
    information about how to access our public lands.
        Today, we are working to build on that momentum from
    MAPLand by considering the MAP Waters Act, which will similarly
    digitize critical data to help anglers, boaters, and hunters
    make better sense of the rules and regulations that they must
    abide by while enjoying our Federal waterways.
        Those who live in or have visited my home state of Utah
    know that some of life's best moments can be spent in our
    incredible outdoors, some of Idaho's incredible outdoors, but
    particularly Utah. And across the nation, outdoor recreation
    brings us together. These hobbies, passions, and jobs motivate
    and inspire us while keeping us healthy and happy.
        According to the Utah Office of Outdoor Recreation, the
    outdoor economy contributes more than $6.1 billion to our
    economy and employs more than 66,000 people.
        Our role here in Washington is to promote sound policies
    that enhance the way our government manages these resources so
    they better meet our shared goals that promote access,
    stewardship, and coordination.
        My constituents have made it clear to me that there is a
    dearth of accessible information regarding which waterways are
    available to the public, locations of best access points, and
    other relevant information that would make it so much easier to
    enjoy our public waters.
        Furthermore, thousands of files concerning America's
    waterways exist only in paper form, making would-be excursions
    needlessly difficult. No one wants to make this more difficult,
    and we have these barriers that exist. That was part of the
    success with MAPLand last Congress, and why we are trying to
    build on that.
        The MAP Waters Act, similar to MAPLand, addresses these
    challenges by standardizing publishing data and information
    online so Americans can use standard technology to access
    critical information about public waters. Our aim is to help
    tourists and families understand which waterways are open,
    where propulsion restrictions might be imposed, the types of
    watercraft allowed, the location of fishing restrictions, and
    much more.
        Not only will this information help support our nation's
    nearly $800 billion recreation economy, but it will also
    promote principles of good management and stewardship by
    promoting cooperation and coordination between the Federal
    Government and state natural resource agencies, the technology
    companies that exist in this space, geospatial data companies,
    experts in the fields of data, data science, analytics,
    research, and more.
        Thank you again, Chairman Bentz and Ranking Member Huffman,
    for holding this hearing. I appreciate the opportunity to join
    you today, and I yield back.

        Mr. Bentz. Thank you, Congressman. I thank the Members for
    their testimony.
        I will now introduce our second panel: Mr. Mike Wech,
    Administrator at Southwestern Power Administration in Tulsa,
    Oklahoma; Ms. Nicki Fuller, Executive Director with the
    Southwestern Power Resources Association in Tulsa, Oklahoma;
    Ms. Amy Shallcross, Board Member and Chair of the Water Data
    and Science Committee for the Interstate Council on Water
    Policy in West Trenton, New Jersey; Mr. Ron Platt, Chair of the
    Long-Range Planning Committee with the Boise Project Board of
    Control in Boise, Idaho; and Mr. Taylor Schmitz, Director of
    Government Relations with the Congressional Sportsmen's
    Foundation in Washington, DC.
        Let me remind the witnesses that under Committee Rules,
    they must limit their oral statements to 5 minutes, but their
    entire statement will appear in the hearing record.
        To begin your testimony, please press the ``on'' button on
    the microphone.
        We use timing lights. When you begin, the light will turn
    green. When you have 1 minute remaining, the light will turn
    yellow. At the end of the 5 minutes, the light will turn red,
    and I will ask you to please complete your statement.
        We will also allow all witnesses to testify before Member
    questioning.
        And before we get started, the microphones in this room are
    notoriously bad, so please get within 1 inch of them.
    Otherwise, I will be consistently asking you to speak louder.
        I now recognize Mr. Wech for 5 minutes.

       STATEMENT OF MIKE WECH, ADMINISTRATOR, SOUTHWESTERN POWER
                    ADMINISTRATION, TULSA, OKLAHOMA

        Mr. Wech. Chairman Bentz, Ranking Member Huffman, and
    distinguished members of the Subcommittee, thank you for the
    opportunity to appear before you today to represent
    Southwestern Power Administration and the Department of Energy
    regarding legislation to establish the Southwestern Power
    Administration Fund currently under consideration as H.R. 4219
    by your Subcommittee. I am Mike Wech, Administrator and CEO of
    the Southwestern Power Administration.
        Southwestern is a power marketing administration that
    serves over 10 million end use customers in Arkansas, Kansas,
    Louisiana, Missouri, Oklahoma, and Texas. As a Federal utility
    we have a statutory mission to market and deliver electricity
    from 24 hydroelectric generating plants operated by the U.S.
    Army Corps of Engineers. This year, 2023, marks 80 years of
    service for Southwestern. We now have eight decades of
    experience in providing cost-based, clean, renewable energy to
    our customers. This hydropower keeps farms, factories, and
    homes that are powered by Southwestern's customers running
    smoothly.
        Southwestern also provides voltage support and grid
    stability during times of high electrical demand and weather-
    related outages. Hydroelectric projects have the ability to
    ramp up or down very quickly and respond rapidly to changing
    conditions. And Southwestern has a well-established history of
    responding to energy emergencies to keep the lights on.
        While we take considerable pride in providing a clean,
    cost-based product to our customers and providing reliable
    support to the region, we periodically need to purchase
    replacement power to meet all of the contractual obligations
    Southwestern has entered into. In some cases, due to drought
    conditions, downstream flooding, operational restrictions, or
    other contributing factors, Southwestern's contractual
    obligations to provide power exceed the amount of hydropower
    that may be available. Southwestern is continually balancing
    Federal hydropower needs against the needs of other water users
    and current market conditions when determining whether to
    purchase power to meet our contractual obligations.
        H.R. 4219 authorizes Southwestern Power Administration
    Fund, a permanent, self-financed revolving fund supplied
    through Southwestern's power sales receipts. All receipts,
    collections, and recoveries, including balances, transfers, and
    appropriations, would be deposited into this Fund. These funds
    would be available for operation and maintenance of power
    transmission facilities, marketing, electric power and energy,
    construction and acquisition of transmission lines,
    substations, appurtenant facilities, and administrative
    expenses of the Secretary in carrying out section 5 of the
    Flood Control Act of 1944 and Section 1232 of the Energy Policy
    Act of 2005.
        H.R. 4219 would authorize the Secretary to incur
    obligations for these authorized purposes in advance of
    appropriations to be liquidated by the fund.
        The Administration is continuing to review this bill and
    does not have a position at this time. However, we do note H.R.
    4219 would likely have a budgetary score.
        Mr. Chairman, this concludes my testimony. I would be
    pleased to address any questions that you or members of the
    Subcommittee may have.

        [The prepared statement of Mr. Wech follows:]
      Prepared Statement of Mike Wech, Administrator, Southwestern Power
                                 Administration
                                  on H.R. 4219

        Chairman Bentz, Vice Chair Kiggans, Ranking Member Huffman, and
    distinguished Members of the Subcommittee, thank you for the
    opportunity to appear before you today to represent Southwestern Power
    Administration (Southwestern) and the Department of Energy (DOE)
    regarding legislation to establish the ``Southwestern Power
    Administration Fund,'' currently under consideration as H.R. 4219 by
    your Subcommittee. The Administration has not taken a position on this
    bill.
        Southwestern is a Power Marketing Administration that serves over
    ten million end-use customers in Arkansas, Kansas, Louisiana, Missouri,
    Oklahoma, and Texas. As a Federal utility, we have a statutory mission
    to market and deliver electricity from 24 Federal hydroelectric
    generating plants operated by the U.S. Army Corps of Engineers.
        This year--2023--marks 80 years of service for Southwestern. We now
    have eight decades of experience providing cost-based, clean, and
    renewable energy to our customers. This hydropower helps keep the
    farms, factories, and homes powered by Southwestern's customers running
    smoothly.
        Southwestern also provides voltage support and grid stability
    during times of high electrical demand and weather-related outages.
    Hydroelectric projects have the ability to ramp up or down very quickly
    and respond to rapidly changing conditions, and Southwestern has a
    well-established history of responding to energy emergencies to help
    keep the lights on.
        While we take considerable pride in providing a clean and cost-
    based product to our customers and providing reliable support to the
    region, we periodically need to purchase replacement power to meet all
    of the contractual obligations Southwestern has entered into. In some
    cases, due to drought conditions, downstream flooding, operational
    restrictions, or other contributing factors, Southwestern's contractual
    obligations to provide power exceed the amount of hydropower that is
    available. Southwestern continually balances Federal hydropower needs
    against the needs of other water users and current market conditions
    when determining whether to purchase power to meet contractual
    obligations.
        H.R. 4219 authorizes the Southwestern Power Administration Fund, a
    permanent, self-financed revolving fund supplied through Southwestern's
    power sales receipts. All receipts, collections, and recoveries,
    including balances, transfers, and appropriations would be deposited
    into this fund. These funds would be available for operation and
    maintenance of power transmission facilities, marketing electric power
    and energy, construction and acquisition of transmission lines,
    substations, and appurtenant facilities, and administrative expenses of
    the Secretary in carrying out section 5 of the Flood Control Act of
    1944 and Section 1232 of the Energy Policy Act of 2005. H.R. 4219 would
    authorize the Secretary to incur obligations for these authorized
    purposes in advance of appropriations to be liquidated by the Fund.
        The Administration is continuing to review this bill and does not
    have a position at this time. However, we do note that H.R. 4219 would
    likely have a budgetary score.
        Mr. Chairman, this concludes my testimony. I would be pleased to
    address any questions that you or the Members of the Subcommittee may
    have.

                                     ______

        Mr. Bentz. Thank you for your testimony. We are going to
    return now to Congressman Neguse, who will provide an opening
    statement, and then we will introduce his bill.

    STATEMENT OF THE HON. JOE NEGUSE, A REPRESENTATIVE IN CONGRESS
                       FROM THE STATE OF COLORADO

        Mr. Neguse. Thank you, Mr. Chairman, and good morning.
    Thank you to all the witnesses for being here today and to my
    colleagues on the Committee to participate in this important
    legislative hearing.
        I want to just, on behalf of Ranking Member Huffman, say
    that I am certainly looking forward to discussing the bills on
    today's docket. I would be remiss if I didn't just take a
    moment to speak on the recently-passed Fiscal Year 2024
    Interior, Environment, and related agencies appropriations bill
    and, of course, the incoming threat of a potential government
    shutdown.
        With respect to the Fiscal Year 2024 Interior, Environment,
    and related agencies appropriation bill, I think it is
    important to note that the bill, unfortunately, contains
    draconian cuts that would imperil endangered species, impede
    our climate readiness, and repeal critical funding under the
    Inflation Reduction Act.
        Just by way of background, the bill would cut the National
    Park Service budget by nearly a half billion dollars. It would
    require annual oil and gas lease sales on public lands, and
    would remove Endangered Species Act protections to give away
    more of our public lands and our waters. That, to me, is not
    the approach that Congress should be taking.
        We need to promote climate resilience, restoration, and
    conservation across our public lands and waters. And certainly,
    Democrats remain ready and willing to work with our Republican
    colleagues to find bipartisan solutions to advance legislation.
    And I would certainly hope that we could step back from the
    cliff of these draconian cuts.
        I am encouraged by the plan today to take up legislation to
    fund the government later this afternoon. I hope we can work
    together to avoid a government shutdown.
        And I also want to say that I am very pleased that we are
    considering a number of different bipartisan bills, and I want
    to credit Chairman Bentz for enabling us to consider these
    bills. Of course, one of them includes a bill of my own, H.R.
    5770, the Water Data Improvement Act, as the Chairman
    referenced. And I really want to thank the Chairman for his
    partnership and the swift consideration of this bill, which we
    passed through the Committee last week.
        As I have talked about before in the Subcommittee, the
    Colorado River is at a crisis point. And the Federal
    Government, the states, tribes, and water users are currently
    engaging, as we all know, in negotiations on the future of the
    Colorado River, including the draft proposals recently released
    by the Bureau of Reclamation.
        As we continue to look for ways to support our communities
    and to address the drought crisis both in the West and across
    the nation, it is critical that we provide agencies with the
    resources they need, and that is exactly what the Water Data
    Improvement Act is all about. It would reauthorize three water
    data programs administered by the U.S. Geological Survey for an
    additional 5 years, and that includes the National Groundwater
    Resources Monitoring Network; the Federal Priority Streamgage
    Network, and Improved Water Estimation, Measurement, and
    Monitoring Technologies.
        Each of those programs support efforts by the USGS to
    monitor and assess water resources available across the
    country. They are relied on by state governments, by local
    governments in my state of Colorado, and water users across the
    country, in addition to the Federal Government. I believe these
    programs are integral, they are critical, they are valuable,
    and it is important we get them reauthorized.
        And to that end, I know the USGS has provided a statement
    for the record on H.R. 5770 noting several additional
    provisions of the Secure Water Act, the statute that we are
    reauthorizing provisions of, that they would like to consider
    as amendments to this legislation. And certainly, my staff and
    I are happy to work with the USGS on amendments to the bill.
        Again, I want to thank the Chairman for being willing to
    consider this bill in addition to other bills that I know the
    Committee is considering, including Representative Moore's MAP
    Waters Act, which is, of course, important in terms of
    appropriately addressing and identifying opportunities to
    improve outdoor recreation services, protecting existing
    natural, cultural, and recreational values, something that we
    frequently discuss in the Federal Lands Subcommittee of which I
    serve as Ranking Member. And I certainly look forward to
    hearing more about how this legislation will provide clarity on
    Federal waterway access, navigation, and restrictions through
    increased collaboration across Federal management agencies.
        Finally, I know we just heard testimony on the Southwestern
    Power Administration Fund and will hear testimony on the Urban
    Canal Modernization Act. I know the Department of the Interior
    could not be here this morning. I also understand that they
    have submitted a statement that includes some of their thoughts
    and potential concerns, so I hope that we, as a Subcommittee,
    working across the aisle, Democrats and Republicans together,
    can find a way to address any concerns they may have and, of
    course, be responsive to the needs that our constituents have
    expressed.
        With that, I want to say thank you, Chairman, for the
    indulgence, and I will yield back the balance of my time.

        Mr. Bentz. Thank you, Congresswoman Neguse, and I now
    recognize Chairman Sam Graves for 5 minutes.

    STATEMENT OF THE HON. SAM GRAVES, A REPRESENTATIVE IN CONGRESS
                       FROM THE STATE OF MISSOURI

        Mr. Graves of Missouri. Thank you, Mr. Chairman, and thank
    you for holding this hearing and allowing me to speak today.
        The Southwestern Power Administration, or SWPA, has played
    an important role in delivering affordable hydropower generated
    by Federal dams to rural electric cooperatives and municipal
    utilities.
        Across Arkansas, Missouri, Kansas, Louisiana, Oklahoma, and
    Texas there are nearly 10 million Americans that depend on the
    success of SWPA's partnership with the U.S. Army Corps of
    Engineers and the Bureau of Land Reclamation. While this
    partnership has been highly successful for more than 80 years,
    it is not without its problems. But these are problems that we
    can fix.
        All of SWPA's operations are paid for by ratepayers, not by
    taxpayers. That is a very important distinction, because it is
    the people that benefit from these hydro projects that are
    footing the bill to operate these dams and reservoirs. This
    user fee model, which is similar to how many projects are
    funded under the jurisdiction of the Transportation and
    Infrastructure Committee, is fair and effective.
        But there are also some differences between building roads
    and bridges and marketing electricity. While our states' DOT
    can plan on Highway Trust Fund formula dollars to be available
    for projects well into the future, there is no such certainty
    for SWPA. When SWPA fails to meet contractual obligations for
    power generation, they have to buy electricity on the open
    market, and often at much higher prices.
        Because of the way they are subject to annual
    appropriations, those increased costs for buying electricity
    have to be recouped by the end of the fiscal year. SWPA does
    that through increased fees charged to municipal utilities and
    rural electric co-ops. These aren't for-profit companies, they
    can't just take a hit on the bottom line and move on. They have
    to pass those increased costs along to the ratepayers. That
    creates headaches and heartache for families already struggling
    with high energy bills, especially when hydropower operations
    are disrupted by drought or excessive rainfall.
        My bill, the Southwestern Power Administration Fund
    Establishment Act, seeks to fix these problems. It would create
    a fund at the U.S. Treasury to allow the Southwestern Power
    Administration to retain and spend receipts from power sales
    across multiple years. While adding flexibility, this fund
    would still retain the core principle that the people
    benefiting from these projects are the ones that are going to
    support these projects.
        At the same time, it allows SWPA the authority necessary to
    plan for future projects on a long-term basis and, more
    importantly, avoid unnecessary rate hikes that are going to
    hurt families. Ultimately, this is what this bill is all about,
    is making sure that families in northern Missouri and
    throughout the region have continued access to reliable and
    affordable electricity.
        Again, thank you, Chairman Bentz, for hosting this hearing
    today and for considering my legislation.

        Mr. Bentz. Thank you, Mr. Chairman, and I now return to our
    witness panel. I recognize Ms. Fuller for 5 minutes.

      STATEMENT OF NICKI FULLER, EXECUTIVE DIRECTOR, SOUTHWESTERN
              POWER RESOURCES ASSOCIATION, TULSA, OKLAHOMA

        Ms. Fuller. Chairman Bentz and members of the Subcommittee,
    thank you for the opportunity to provide my input on H.R. 4219,
    the Southwestern Power Administration Fund Establishment Act.
    My name is Nicki Fuller, and I serve as the Executive Director
    of the Southwestern Power Resources Association, or SPRA.
        SPRA is a voluntary, not-for-profit organization of rural
    electric cooperatives and public power systems in Arkansas,
    Kansas, Louisiana, Missouri, Oklahoma, and Texas, representing
    the interests of low-cost Federal hydropower for nearly 10
    million people. I represent not-for-profit utilities that are
    customers of the Southwestern Power Administration.
        Southwestern markets hydroelectric power generated at 24
    multi-purpose U.S. Army Corps of Engineers dams, and SPRA
    members then distribute this environmentally friendly,
    renewable, and reliable hydropower to its end users.
        SPRA is fortunate to have a partner in Southwestern. Our
    mutual success must be attributed to the intentional
    transparency and collaboration between our organizations.
        SPRA is also fortunate to help facilitate the delivery of
    hydropower in our region. While not touted as loudly as many
    renewable energy resources, hydropower has long served this
    country, and its attributes are even more important today.
    Unlike most resources, hydropower can energize the grid quickly
    after an outage and address wildly fluctuating peak demands.
    This capability is not dependent on the sun shining or the wind
    blowing.
        Additionally, Federal hydropower is often the most
    economical resource for SPRA's members.
        It is of critical importance to note that the Federal
    hydropower program, unlike many Federal programs, pay its way
    with absolutely no expenses borne to the taxpayer. Every dollar
    spent on the Federal hydropower program is repaid through the
    rates charged to its customers. We are a rare Federal program
    that pays our own way with interest.
        Unlike the giant reservoirs that are familiar sites in
    other regions, the Southwestern system depends on the inflow of
    water. Corps-owned dams in SPRA's region do not have the
    storage capabilities to sustain a long-term drought. Despite
    varying water conditions, Southwestern has a contractual
    obligation to SPRA's members to deliver the power it
    guarantees. For this reason, when the area is in a drought,
    Southwestern must purchase the power necessary to fulfill these
    contractual obligations. As mentioned, Southwestern's customers
    pay all of the costs, and these costs are passed on to them
    through their power rates.
        Additionally, replacement energy may also need to be
    purchased based on hydrology, changing weather patterns, and
    plan outages due to infrastructure investment. To prevent rate
    spikes due to these purchases, Southwestern would need a
    particular type of account at the U.S. Treasury. This type of
    fund is the need that H.R. 4219 seeks to address.
        H.R. 4219 best serves the needs of Southwestern because the
    budget cycle of Congress isn't attuned to prudent utility
    practices. The ratepayers themselves would fund the power
    program directly through retained receipts. This would allow
    Southwestern to hold the reserves and plan for water
    disruptions or extreme weather events. By providing this
    funding mechanism, Southwestern has the needed funds, customers
    avoid sudden surcharges, and, as always, the taxpayers pay
    nothing.
        Financial flexibility tools are essential to Southwestern's
    continued success. As energy and capacity markets become more
    evolved, Southwestern must have the ability to act consistent
    with sound business principles as it is statutorily obligated.
    This financial flexibility not only makes good sense, but is
    also highly desired by SPRA's members, who carry the actual
    burden of expense.
        I want to also inform the Subcommittee about our region's
    successful infrastructure investment program that helped ensure
    the reliability of Federal hydropower in our nation's grid.
    Beginning in the 1990s, Federal power customers noticed
    increased unscheduled outages at core hydropower plants. These
    outages were rising costs to SPRA members due to purchased
    power.
        Further, because of Federal budget cycles, waiting for
    appropriated funding for a crippled plant to be returned to
    service might extend the outage and the cost over multiple
    years, all while the customers pay the bill. By paying up
    front, before the equipment failed, we could save millions of
    dollars and sustain the critical Federal infrastructure.
        With this in mind, SPRA partnered with the Corps and
    Southwestern to develop a formal process where the parties meet
    to determine the needs of infrastructure for the following
    fiscal years. We have already committed to the Corps over $1
    billion, and will continue to work to make sure this Federal
    hydropower program is sustainable.
        Additional financial flexibility for Southwestern through
    H.R. 4219 would help ensure the continued success of this
    program. These dams benefit so many purposes in my region
    including navigation, flood control, water supply,
    environmental programs, and recreation. Without the Federal
    hydropower customers paying the bill, the taxpayer would bear
    more cost of these joint activities.
        I am grateful to the Committee and the sponsor of this
    legislation, Congressman Sam Graves. A revolving fund will help
    continue infrastructure investments and sufficient public
    purchase power.
        Thank you for your efforts, and we look forward to your
    feedback today. Thank you.

        [The prepared statement of Ms. Fuller follows:]
     Prepared Statement of Nicki Fuller, Executive Director, Southwestern
                          Power Resources Association
                                  on H.R. 4219

        Chairman Bentz and Members of the Subcommittee, thank you for the
    opportunity to provide input on H.R. 4219, The Southwestern Power
    Administration Fund Establishment Act. My name is Nicki Fuller, and I
    serve as the Executive Director of the Southwestern Power Resources
    Association (SPRA).
        SPRA is a voluntary, not-for-profit organization of rural electric
    cooperatives and public power systems in Arkansas, Kansas, Louisiana,
    Missouri, Oklahoma, and Texas, serving low-cost federal hydropower to
    nearly 10 million people. The utilities I represent are all not-for-
    profit utilities that are customers of the Southwestern Power
    Administration (SWPA or Southwestern), a Power Marketing Administration
    (PMA) which is part of the Department of Energy (DOE).
        Southwestern markets hydroelectric power generated at 24 multi-
    purpose U.S. Army Corps of Engineers federal dams in the region. SPRA
    members then distribute this environmentally friendly, renewable, and
    reliable hydropower to end users within our six-state footprint.
        SPRA is fortunate to have a federal partner in Southwestern. Our
    mutual success must be attributed to the intentional transparency and
    collaboration between our organizations. Hydropower, the original and
    most reliable renewable energy, has benefited our region for 80 years.
    Through these continued efforts we all look forward to providing this
    vital resource for many years to come.
        SPRA is also fortunate to help facilitate the delivery of
    hydropower to our six-state foot print. While not touted as loudly as
    many renewable energy resources, hydropower has long served this
    Country and its attributes are even more valuable today. Unlike most
    power resources, hydropower can energize the grid quickly after an
    outage because of its black start capabilities. With its quick ramping
    speed, it can address wildly fluctuating peak demands, and maintain
    proper voltage levels and frequencies across the grid. This capability
    is not dependent upon the sun shining or the wind blowing.
    Additionally, federal hydropower is often the resource for SPRA's
    members. In short, federal hydropower marketed by Southwestern is a
    carbon-free energy source that is essential for grid operation support
    with dispatchable generation. Hydropower's flexibility is crucial for
    developing and integrating future energy sources, particularly within
    our six-state footprint. Ensuring hydropower's unique attributes as
    part of a diverse energy portfolio is essential to ensuring our
    nation's grid reliability and affordability.
        It is of critical importance to note that the federal hydropower
    program, unlike many federal programs, pays its way, with absolutely no
    expenses borne by the taxpayer. Every dollar spent on the federal
    hydropower program is repaid through rates charged to customers. This
    includes the construction, operation, maintenance, and transmission
    costs of generating and marketing the hydroelectric energy and capacity
    incurred by the Corps and the PMA, plus interest. In past years,
    Southwestern has received a diminishing amount of appropriations from
    Congress. The direct appropriations plus all other expenses for
    Southwestern and the Corps costs for hydropower, and a percentage of
    joint use expenses are included in the rates that customers pay.
        Unlike the giant reservoirs that are familiar sights along the
    northern Missouri River and across the Pacific Northwest, the
    Southwestern system depends on the flow of water. Most Corps-owned dams
    in SPRA's region do not have the storage capabilities to sustain a
    long-term drought. Despite varying water conditions, Southwestern has a
    contractual obligation to SPRA's members to deliver the power it
    guarantees. For this reason, when the area is in a drought Southwestern
    must purchase the power necessary to fulfill these contractual
    obligations. As mentioned above, because Southwestern's customers pay
    all of its costs, these costs are passed on to them through the power
    rates. Additional replacement energy may need to be purchased and is
    dependent heavily on hydrology, changing weather patterns, planned
    outages due to infrastructure investment, and unplanned outages.
        To prevent an unexpected rate spike, SPRA wanted to make sure there
    was a way to prevent this instability, so these costs aren't so onerous
    when the purchases are needed. To achieve this, Southwestern would need
    a particular type of account at the US Treasury--one with the authority
    to hold funds across fiscal years and the ability access them when
    needed. This type of fund is the need that H.R. 4219 seeks to address:
    establishing a fund to ensure that money exists for needed purchases.
    H.R. 4219 best serves the needs of Southwestern because the budget
    cycle of Congress isn't attuned to prudent utility practices. The
    ratepayers themselves would fund the power program directly through
    retained receipts. This would allow Southwestern to hold reserves and
    plan for water disruptions or extreme weather events. If this
    legislation is enacted, Southwestern could retain its receipts to be
    used for unexpected purchase power needs, and other expenses within its
    statutory mission. By providing this funding mechanism Southwestern has
    needed funds, customers avoid sudden surcharges, and as always
    taxpayers pay nothing.
        Financial flexibility tools are essential to Southwestern's
    continued success. As energy and capacity markets become more evolved,
    Southwestern must have the ability to act ``consistent with sound
    business principles'' as it is statutorily obligated. This financial
    flexibility not only makes good sense, but it is also highly desired by
    Southwestern's customers--who carry the actual complete burden of
    expenses.
        Hydropower resources are worth protecting, but waiting for the
    unpredictable budget cycles often causes complications. I want to
    inform the Subcommittee about our region's long, successful
    infrastructure investment program that has helped ensure the
    reliability of federal hydropower and our nation's grid. Beginning in
    the 1990s, federal power customers began noticing increased unscheduled
    outages at Corps and Bureau of Reclamation hydropower plants. These
    outages were increasing costs to the PMA customers because significant
    outages often make it necessary for PMAs to purchase expensive
    replacement energy to meet their contractual obligations to their
    customers. Further, because of federal budget cycles, waiting for
    appropriated funding for a crippled plant that requires significant
    equipment repair and/or replacement before returning to service might
    extend the outage--and the cost--over multiple years, all while the
    customers pay the bill.
        Even though there was an increase in outages due to maintenance
    issues, SPRA saw significantly decreased appropriations for maintenance
    of this infrastructure. Reduced appropriations to the federal power
    program do not represent savings to the U.S. Treasury. We pay the
    costs, whether we provide the funding directly to the Corps or
    indirectly through appropriations that are subsequently returned to the
    Treasury. By paying up front, before the equipment failed, we could
    save millions of dollars for our utility customers and sustain this
    critical federal infrastructure.
        With this in mind, SPRA in partnership with the Corps and
    Southwestern developed a formal process where the customers meet with
    the Corps and Southwestern to determine the funding needs for the
    following fiscal year. This cooperative process enables the customers,
    who pay the expenses, to have input on how their money is spent and it
    allows the Corps to have a predictable revenue stream to sustain this
    federal infrastructure. We have already committed to the Corps
    identified projects for hydropower infrastructure for over $1 billion
    and will continue to work to make sure this federal hydropower system
    is sustainable.
        Unlike other federal programs, this program and existing
    partnership cost the taxpayer nothing yet benefits millions of citizens
    while investing in federal infrastructure assets. Additional financial
    flexibility for Southwestern, specifically through H.R. 4219, would
    help ensure the continued success of this program and partnership. We
    are proud of the work in our area with Southwestern and the Corps to be
    good stewards of the federal infrastructure and ensure its viability.
    These dams benefit so many purposes in my region, including navigation,
    flood control, water supply, environmental programs, and recreation.
    Without the federal hydropower customers paying the bills, the taxpayer
    would bear the cost of more of these joint activities.
        In addition to being the top legislative priority of SPRA, H.R.
    4219 has been endorsed by all of the region's co-op and public power
    statewide associations. Several national organizations, including the
    National Rural Electric Cooperative Association and the American Public
    Power Association, support H.R. 4219. Kansas Senators Moran and
    Marshall have also introduced companion legislation in the Senate, S.
    1342.
        I am grateful to the Committee and the sponsor of this critical
    legislation. This legislation has been a top legislative priority for
    nearly a decade, and this is the most substantive progress we've
    received in the U.S. House of Representatives. A revolving funding will
    ensure Southwestern will provide improved support for continued
    infrastructure investments and necessary power replacement funding
    levels during these uncertain times. Thank you for your tireless
    efforts to protect the PMAs and ensure this cost-based public power
    continues serving the needs of millions of homes in the Midwest. We
    endeavor to take the feedback from the Committee we receive today as we
    continue to work toward enactment.

                                     ______

        Mr. Bentz. Thank you. The Chair now recognizes Ms.
    Shallcross for 5 minutes.

    STATEMENT OF AMY L. SHALLCROSS, P.E., BOARD MEMBER AND CHAIR OF
    THE WATER DATA AND SCIENCE COMMITTEE FOR THE INTERSTATE COUNCIL
               ON WATER POLICY, WEST TRENTON, NEW JERSEY

        Ms. Shallcross. Chairman Bentz, Ranking Member Huffman, and
    members of the Subcommittee, thank you for the opportunity to
    testify regarding H.R. 5770, the Water Data Improvement Act.
        I am here today representing the Interstate Council on
    Water Policy, ICWP, established in 1959 to promote integrated
    water resource management. ICWP is a national organization that
    provides an opportunity for regional, state, and local water
    resource agencies to inform and shape Federal water policies
    and programs. I serve on the Board of Directors and Chair the
    Water Data and Science Committee. I am also the Manager of
    Water Resource Operations for the Delaware River Basin
    Commission, overseeing programs related to droughts, floods,
    and climate change.
        H.R. 5770 authorizes the U.S. Geological Survey, Federal
    Priority Streamgage Network, the Groundwater Resources
    Monitoring Program, and Improved Water Estimation, Measurement,
    and Monitoring Technologies.
        With the information provided by these programs, critical
    decisions are made every day regarding the protection of public
    health and safety, design and operation of water
    infrastructure, navigation, agriculture, wildlife, personal
    well-being, among others. It is of utmost importance to the
    nation and our members for the USGS to continue the collection
    and dissemination of this vital water data and develop the
    associated science to inform real-time decisions, planning, and
    policy development.
        For more than 25 years, ICWP has advocated for complete
    Federal funding and full implementation of the streamgaging
    program, with letters of support to the House and Senate
    Appropriations Committees and the Administration. Our letter
    for Fiscal Year 2024 is attached to my testimony, and has 96
    signatories representing multiple states, interstates, water
    agencies, and national stakeholder groups.
        While reading the Omnibus Public Land Management Act of
    2009, which H.R. 5770 amends, it occurred to me that for many
    the term ``data'' implies research and science, and bores them
    to death. However, information provided by these programs
    supports so much more. Rather than provide excerpts from our
    letter or go into the specifics of each program, I thought it
    would be more informative to explain how water resource
    professionals and your constituents use and benefit from the
    data made possible by these programs.
        Maybe not, because I am running long.
        Anyway, not all flood forecast locations, but real-time
    information can be used to determine if areas may flood based
    on the water level or how fast the water is rising. Emergency
    managers use flood forecasts to determine when and where to
    mobilize, pre-placing barriers and other equipment prior to a
    flood event. As flooding is occurring, the real-time streamgage
    data are used to determine where to deploy lifesaving emergency
    services.
        For instance, in early summer of 2006, the river forecasts
    indicated widespread major flooding would occur in 3 days due
    to large rainfall in the headwaters of the Delaware River.
    Public officials were able to identify and evacuate a community
    in the low-lying, flood-prone area of Trenton, potentially
    saving the lives of the residents.
        The recreation community also benefits from the
    streamgaging program. The ability to check river conditions in
    real time allows people to make better decisions about
    activities on the river. People who canoe, tube, and boat along
    the river check water levels and know if their boat will float
    or scrape the bottom.
        I was able to teach my dad how to use the USGS website, no
    small task, to check the water level at his favorite fly
    fishing location so he doesn't drive over there only to find
    out that the flow is too high to wade in the stream.
        I also want to mention that the Ogallala Aquifer serves
    eight states in the central United States.
        As developing drought conditions continue to deplete the
    aquifer, groundwater monitoring is needed to help determine the
    impact of continued droughts. You don't see groundwater, so we
    need information to address this.
        Thank you for inviting me to testify. I appreciate the
    opportunity to speak with you about H.R. 5770 and the
    importance of the USGS streamgage programs for the management
    and use of the nation's water resources to the benefit of all.

        [The prepared statement of Ms. Shallcross follows:]
        Prepared Statement of Amy L. Shallcross, P.E., representing the
                       Interstate Council on Water Policy
                                  on H.R. 5770

        Chairman Bentz, Ranking Member Huffman, and members of the
    Subcommittee, thank you for the opportunity to testify regarding H.R.
    5770 ``Water Data Improvement Act''. I am here today representing the
    Interstate Council on Water Policy (ICWP), established in 1959 to
    promote integrated water resource management. ICWP is a national
    organization that provides an opportunity for regional, state, and
    local water resource agencies to share experience and inform and shape
    federal water policies and programs. I serve on ICWP's Board of
    Directors and chair of the Water Data and Science Committee. I am also
    the Manager of Water Resource Operations for the Delaware River Basin
    Commission, overseeing programs related to droughts, floods, and
    climate change.
        H.R. 5770 Water Data Improvement Act reauthorizes the United States
    Geological Survey's (USGS) National Streamflow Information (NSIP), the
    Groundwater Resources Monitoring Program, and Improved Water
    Estimation, Measurement, and Monitoring Technologies. With the
    information provided by these programs, critical decisions are made
    every day regarding the protection of public health and safety, design
    and operation of water infrastructure, navigation, agriculture,
    wildlife, personal well-being, among others.
        The NSIP was designed by USGS and authorized by Congress in 2009 to
    be a federal funded network of streamflow gages to provide reliable,
    accurate, and timely data related to river flows, water levels,
    velocity, and other information. It is of utmost importance to the
    nation and our members to continue the collection and dissemination of
    vital water data and develop the associated science to inform real-time
    decisions, planning, and policy development. For decades, ICWP has
    advocated full implementation and sufficient full-federal funding for
    the streamgaging program with letters of support to the House and
    Senate Appropriations Committees and the Administration. Our letter for
    the FY2024 program is attached to my testimony and has 96 signatories
    representing stakeholders nationwide, representing multiple states,
    agencies, and stakeholder groups.
        While rereading the Omnibus Public Land Management Act of 2009,
    which H.R. 5770 amends, it occurred to me that for many, the term
    ``data'' implies research and science, and the information provided by
    the national streamflow information program is so much more. Rather
    than provide excerpts from our letter or go into the specifics of each
    program, I thought it would be more informative to explain how water
    resource managers and we the people use and benefit from the data made
    possible by these programs.
        As a water resource manager, one of my responsibilities is to
    ensure enough freshwater flows into the tidal Delaware River, where
    intakes for the drinking water supplies of Philadelphia and portions of
    southwestern New Jersey are located. Much like New Orleans, these water
    supplies can also be threatened by saltwater moving upstream during
    droughts and periods of low streamflow. To keep saltwater intrusion to
    a minimum, reservoir releases are made to meet a minimum flow
    requirement at Trenton, New Jersey. Higher freshwater flows push the
    saltwater downstream, protecting the drinking water intakes from
    saltwater. Information from more than 34 USGS streamgages along the
    Delaware River Basin is used to determine the amount and timing of
    reservoir releases. If too much water is released over time, enough may
    not be available should conditions become worse.
        The National Weather Service flood forecast locations are co-
    located with USGS streamflow gages because decades of data were
    available to develop and calibrate the river models that predict the
    timing and peak river levels. These long-term continuous streamflow
    records are needed to verify that these models, as well as others, such
    as the National Water Model, remain accurate given changes that occur
    on land and in the river that affect streamflow.
        Not all streamgages are flood forecast locations, but the real-time
    information can be used to determine if areas may flood based on the
    water level or how fast the water is rising. Emergency managers use
    flood forecasts to determine when and where to mobilize, pre-placing
    barriers and other equipment prior to a flood event. As the flood is
    occurring, the real-time streamgage data are used to determine where to
    deploy life-saving emergency services. For instance, on a sunny day in
    the spring of 2006, portions of the non-tidal Delaware River
    experienced the worst flooding since 1955, four days after heavy rains
    occurred in the headwaters of the river. Public officials had enough
    time to evacuate low-lying flood-prone areas, potentially saving the
    lives of the residents.
        The recreation community also benefits from the streamgage program.
    The ability to check river conditions in real-time allows people to
    make better decisions about activities on the river. People who canoe,
    tube, and boat along the river check water levels and know if their
    boat will float or scrape the bottom. I was able to teach my dad how to
    use the USGS website to check the water level at his favorite fly-
    fishing locations, so he does not drive over only to find that the flow
    is too high to wade into the stream.
        On behalf of the members of ICWP, we support enactment of the
    ``Water Data Improvement Act'' to extend and fund these invaluable
    programs for an additional five years. The information provided by
    these programs improves the ability of water resource managers to make
    informed decisions and planning for public safety, land use, and
    economic development. Unfortunately, the federal funds appropriated
    have not covered the costs of the networks, although the original
    intent was for them to be fully funded. The USGS has been able to
    maintain portions of the network with limited funding from state and
    interstate agencies, but not always, and some gages have been
    discontinued due to the lack of alternate funding sources, impacting
    those who depend on the data to make informed decisions. Please
    consider revisiting 9507(a)(5) and 9507(b)(5) to prioritize full
    funding for the national streamgage network.
        Thank you again for inviting me to testify. I appreciate the
    opportunity to speak with you about H.R. 5770 and the importance of the
    USGS streamgage programs for we the people as we use and manager the
    nation's water resources.

                                     ______

        Mr. Bentz. Thank you. The Chair now recognizes Mr. Platt
    for 5 minutes.

       STATEMENT OF RON PLATT, CHAIR OF THE LONG-RANGE PLANNING
       COMMITTEE, BOISE PROJECT BOARD OF CONTROL, CALDWELL, IDAHO

        Mr. Platt. Thank you, Chairman Bentz, Ranking Member
    Huffman, and distinguished members of the Natural Resources
    Water, Wildlife and Fisheries Subcommittee.
        At this time, I would also like to thank Congressman
    Simpson, Congressman Fulcher, and Congressman Newhouse for
    sponsoring this bill.
        My name is Ron Platt, and today I represent the Boise
    Project Board of Control. As the Director, I am also Chairman
    of the Long-Range Planning Committee for Boise Project, and
    serve on the Wild Irrigation District Board. I am here to
    express support for H.R. 6107, a bill that addresses critical
    issues related to the maintenance and improvement of Urban
    Canals of Concern, particularly the New York Canal, as well as
    the use of aging infrastructure loans as a match for Federal
    grant programs.
        The Boise Project Board of Control was founded in 1926
    through agreements with the United States, and manages and
    operates Federal irrigation facilities and water delivery
    systems in Idaho and eastern Oregon. Our primary mission: to
    ensure water reaches the landowners responsible for paying
    assessments on those lands.
        At the heart of our operations lies the New York Canal, a
    vital component that diverts water from the Boise River and
    delivers 167,000 acres of irrigated land. Over the years, urban
    development has increasingly encroached on the New York Canal,
    making timely maintenance and upgrades important for safety of
    the urban residents and protection of the valuable property in
    proximity to the canal. In this context, the Boise Project has
    undertaken the New York Canal Lining Project, a $50 million
    effort to upgrade the aging canal liner over 6 miles surrounded
    by the urban growth.
        Our partners and owners of the canal, the Bureau of
    Reclamation, in a 2021 asset inventory referred to this section
    of canal as an area of significant risk. I believe that
    categorization by any agency admits the need for immediate
    attention and protection from any long-term liability.
        The project is not merely about maintenance, but is about a
    comprehensive rebuilding featuring 21st century technology. The
    cost, understandably, is significantly higher than traditional
    projects. Progress has been slow, and with the timeline
    stretching nearly half a century at the current rate of our
    construction within our already stretched budgets.
        H.R. 6107 offers a much-needed solution to our concerns. It
    proposes amendments to the Omnibus Public Lands Management Act
    of 2009 to provide non-reimbursable funds for extraordinary
    maintenance on Federal Urban Canals of Concern. The funding
    would be instrumental in addressing the unique and unexpected
    challenges presented by urban expansion, allowing for timely
    and efficient repairs and upgrades.
        The bill provides only a share of the costs of upgrading
    these Federal canals, leaving water users to bear most of the
    cost and all the responsibility.
        Moreover, the bill tackles another important issue:
    WaterSMART grant programs that have been a lifeline for water-
    related projects offering a Federal cost share by requiring
    non-Federal matching funds. Unfortunately, Reclamation's
    current policy prevents aging infrastructure loans from being
    used as matching funds for these grants, causing funding
    difficulties for water users like us.
        H.R. 6107 takes a significant step in the right direction
    by allowing aging infrastructure loans to serve as matching
    funds repaid solely with non-Federal funds for Federal grants.
    This change would not only expedite critical projects like
    ours, but also ensure that water delivery entities like Boise
    Project can leverage Federal grant opportunities effectively.
        In conclusion, the Boise Project urges the Subcommittee to
    support H.R. 6107, recognizing its importance in addressing
    extraordinary maintenance needs of Urban Canals of Concern, and
    enabling aging infrastructure loans to serve as matching funds
    for Federal grants. In doing so, we can ensure the safety and
    reliability of our water systems, protect valuable irrigated
    farmland, and secure the well-being of urban residents in a
    rapidly growing region.
        Thank you for your time and consideration. I would stand
    for any questions.

        [The prepared statement of Mr. Platt follows:]
               Prepared Statement of Mr. Ron Platt, Board Member,
                         Boise Project Board of Control
                                  on H.R. 6107

        Chairman Bentz, Ranking Member Huffman, and Members of the House
    Natural Resources Water, Wildlife and Fisheries Subcommittee, on behalf
    of the Boise Project Board of Control (the Boise Project), I am pleased
    to provide this testimony in support of H.R. 6107 the Urban Canal
    Modernization Act. My name is Ron Platt, and I am a Boise Project Board
    member and the current chairman of the Long-Range Planning Committee
    for the Boise Project. I also serve on the Wilder Irrigation District
    Board.

        H.R. 6107 provides the following important amendments to the
    Omnibus Public Lands Management Act of 2009:

      1.  Providing for cost-shared non-reimbursable funding from the
                federal Bureau of Reclamation (Reclamation) Aging
                Infrastructure Account for extraordinary maintenance on
                Reclamation infrastructure to accelerate the repair and
                improvement by transferred work operators of urban canals
                of concern; and

      2.  Allowing reimbursable funds (i.e. loans) provided from the Aging
                Infrastructure Account for loans financing extraordinary
                maintenance on Reclamation infrastructure to be used to
                match federal grants.

        This legislation has broad West-wide support in the irrigation
    community, including support from the Family Farm Alliance and National
    Water Resources Association (NWRA).
    Boise Project

        Formed in 1926 by virtue of contracts between the United States and
    five irrigation districts, the Boise Project is the operating agent for
    Boise-Kuna Irrigation District, Big Bend Irrigation District, Nampa &
    Meridian Irrigation District, New York Irrigation District, and Wilder
    Irrigation District, all of which serve irrigated lands in southwest
    Idaho and southeastern Oregon. The Boise Project's mission is to
    operate and maintain (O&M) the irrigation facilities and other works,
    where such O&M responsibilities (not title) has been transferred by
    Reclamation to these five irrigation districts, and to deliver water to
    these districts' landowners responsible for paying assessments on their
    lands to cover the cost of O&M on the canal. These ``transferred
    works'' include the Reclamation-owned facilities beginning at Diversion
    Dam on the Boise River and include the main delivery canal (the New
    York Canal), approximately 1500 miles of ancillary canals, laterals,
    and drains, and all the appurtenant headgates and other structures
    needed to deliver water to productive irrigated farms and ranches in
    the valley. Even though the Boise Project manages, operates, and
    maintains all these features, the title to the water delivery and
    management facilities remains in the name of the United States. The
    Boise Project delivers water to approximately 167,000 acres of
    irrigated land through these transferred works.
        When early pioneers and settlers moved into Idaho's Treasure
    Valley, along the Boise River in Southern Idaho, they quickly
    recognized the need for infrastructure to carry water from the river to
    the parched lands throughout the valley. As early as the 1860s,
    settlers such as Tom Davis began farming the valley and obtaining water
    rights for their farms. These settlers began constructing canal systems
    to deliver water into the desert. By 1900, over 110,000 acres were
    being irrigated in the valley.
    The New York Canal

        Construction on the New York Canal began in the late 1800s when a
    group of private developers formed the New York Canal Company and
    attempted to attract private investors to fund canal construction.
    These efforts failed. After passage of the 1902 Reclamation Act, in
    1906 the New York Canal Company contracted with the United States for
    Reclamation to take over the New York Canal. With the involvement of
    the United States, the New York Canal was enlarged and extended to
    create the Deer Flat Reservoir some 41 miles away from the Diversion
    Dam. The reservoir and main canal were completed by 1909.
        The United States then issued water contracts to individual
    landowners and assessed liens against their property to recapture
    Reclamation's costs. Reclamation grew weary of dealing with hundreds of
    individuals and the Commissioner of Reclamation insisted that the water
    users form irrigation districts to collect assessments for the
    construction of the project and operational and maintenance costs of
    water delivery. This federal ultimatum led to the formation of the five
    irrigation districts which then contracted with the United States to
    assume the repayment obligations and establish the Boise Project for
    the transferred operation and maintenance of the irrigation works.
        The New York Canal is the central focal point of the Boise Project
    water delivery and is the lifeline of the entire project. All Boise
    Project water deliveries rely on this one canal. The New York Canal
    diverts water from the Boise River just below the U.S. Army Corps of
    Engineers' Lucky Peak Reservoir in southwestern Idaho. From there, the
    Canal takes a 41-mile journey to Lake Lowell. It is common in the
    summer months, during the height of the irrigation season, for the New
    York Canal to carry more water than the flows in the Boise River below
    its diversion. The canal is vital to water delivery and management in
    Idaho's Treasure Valley and is recognized by Reclamation for its role
    in ``water conservation, drought resilience and safe and reliable water
    delivery.'' (https://www.usbr.gov/pn/programs/nycanal/index.html).
        When first constructed, the New York Canal crossed through farm
    fields and desert sagebrush. There was very little urban development
    around the canal. This was important as much of the first six miles
    were built perched along an elevated bench 20-60 feet above the valley
    floor.
        In the 1950s, an upstream segment of the New York Canal along the
    bench breached. Fortunately, at the time, there was very little urban
    development in the area and damage was limited to a dairy and several
    farm fields below the breached section. Equally fortunate, the Boise
    Project was able to act quickly and decisively to restore the canal
    deliveries in a matter of days.
        In the succeeding years, extensive urban development has occurred
    above and below the New York Canal. In fact, in recent years this
    region has been one of the fastest growing urban areas in the country.
    The first six miles of the New York Canal pass through an area that was
    once dotted with farm fields, but is now packed with homes, parks,
    schools, hospitals, and industry. This portion of the New York Canal
    now passes through the heart of urban development in the Treasure
    Valley. Importantly, notwithstanding this development, the canal
    remains vital to the delivery of irrigation water to valuable farmland
    further downstream on the canal.
        With the scope of urban development around the upper six miles of
    the New York Canal, the need to safely and reliably deliver irrigation
    water has never been greater. Today the canal remains the lifeline of
    the Treasure Valley, delivering water to grow a wide variety of
    specialty crops in the Valley. Annual direct crop value is $228
    million, indirect value from business-to-business spending is another
    $128 million, and induced value from spending by the farms and their
    employees adds another $130 million to the annual economic output for a
    total of $486 million each year.
        The New York Canal delivers water to farms that collectively
    provide 2,500 jobs. The indirect and induced employment increases that
    total to over 4,000 jobs. The total labor value is over $190 million.
        In addition, the Boise Project delivers irrigation (non-potable
    water) to thousands of acres of gardens, lawns, parks, and other green
    spaces where the crop land has been converted to other uses. As noted
    above, the New York Canal also delivers water to the Deer Flat
    Reservoir, an irrigation storage reservoir that also serves a National
    Fish and Wildlife Refuge and an important recreation facility.
        Depending on the location of a potential canal break, the direct
    damage to structures below that break ranges from $1.50 million to
    $2.55 billion with an average damage estimate at $502.31 million. These
    estimates do not include consequential economic losses associated with
    the damage to structures or crop losses.
    The New York Canal Lining Project

        Rapid and extensive urban growth has significantly impacted the
    time and expense required for the operation and maintenance of water
    delivery systems which now take more time and money to complete. One
    example of such a maintenance project requiring more time and money is
    the lining of the New York Canal. As stated above, this extraordinary
    maintenance project is part of the Boise Project's ongoing mission to
    ensure the continued safe and reliable delivery of water in the New
    York Canal.
        The Boise Project is completely removing and replacing the existing
    50-year-old canal liner in the areas of the canal that are perched 20-
    60 feet above urban development. In this area, any canal failure would
    result in extensive property damage to homes and businesses and
    possible harm to the health and safety of residents in the area. To
    provide greater protection than existed before, the Boise Project is
    lining the canal with a combination of a 6-inch cement liner poured
    over a synthetic fabric liner.
        This lining process would not be necessary in a normal rural
    agricultural setting, but the extensive urban development near and
    below the canal have made it prudent for the Boise Project to spend the
    additional money and time to reduce even further the risk of a
    potential breach in the canal. More than ordinary or routine
    maintenance, the lining project is truly a rebuilding of the original
    1909 canal using 21st century technological advances in construction
    materials and processes. The result is a cost that is nearly quadruple
    ($1,300/linear foot) that of a traditional irrigation canal lining
    project ($335 /linear foot). In total, the anticipated cost for
    replacing the liner in the 6-miles of most concern is estimated at over
    $50 million--though, given the impacts of inflation, this cost is
    expected to rise.
        Although the Boise Project has dedicated a significant portion of
    its annual budget to this lining project, it is only able to complete
    1/8 mile each year. At this rate, it will take nearly 50 years to
    complete the entire 6-mile project. The Boise Project has been
    proactive in seeking grants and other financial assistance to help
    speed up the project. They have received WaterSMART grants, state-based
    grants and have been approved for a loan under Reclamation's Aging
    Infrastructure loan program. While the Boise Project is committed to
    completing this important upgrade to the infrastructure of the New York
    Canal, our costs are assessed primarily to farmers and ranchers who
    have limited ability to service large amounts of long-term debt to
    complete this project on the more urgent timeline it requires, and who
    were not responsible for the urbanization around the upper canal that
    has led to this accelerated timeline for replacement of the liner.
    Urban Canals of Concern

        Congress has recognized that urban development has changed the
    realities for many canals throughout the West. In the Omnibus Public
    Lands Management Act of 2009 (P.L. 111-11), Congress charged
    Reclamation with identifying and inspecting ``project facilities which
    are in proximity to urbanized areas and which could pose a risk to
    public safety or property damage is such project facilities were to
    fail.'' 43 U.S.C. 510b(a)(1) & (2). These ``urban canals of concern''
    include Idaho's New York Canal.
    H.R. 6107 Provides an Opportunity to Timely Address Extraordinary
            Maintenance Needs for Urban Canals of Concern

        If enacted, H.R. 6107 would address some of these extraordinary
    maintenance needs of urban canals of concern by amending the Omnibus
    Public Lands Management Act of 2009 to provide non-reimbursable funds
    for 35% of the cost of extraordinary maintenance to rebuild and
    rehabilitate urban canals of concern, like the New York Canal. As
    discussed above, there are unique and unexpected challenges that have
    arisen from urban expansion near irrigation water delivery systems.
        Currently, the Omnibus Public Lands Management Act of 2009
    authorizes Reclamation to provide up to 35% non-reimbursable funds for
    ``emergency'' extraordinary maintenance. Unfortunately, Reclamation to
    our knowledge has not used this authority for any major extraordinary
    maintenance on canals unless they have already failed. Urban canals of
    concern cannot afford to wait until they fail before their non-federal
    transferred work operators are eligible to receive such funding.
        When these extraordinary replacement efforts are needed, as in the
    case of the New York Canal, it is typically because of urban
    encroachment and the concomitant need to provide new and more advanced
    construction and design techniques that were not necessary when the
    canals were originally constructed. The cost of addressing many of
    these challenges has quickly outpaced the ability of even the most
    frugal irrigation entities and their landowners. And the cost of not
    completing these important repairs would be many times greater if an
    urban canal should fail. The authority provided in H.R. 6107 would
    allow these water delivery entities to address the unique and costly
    challenges they face. For the New York Canal, such an opportunity would
    allow the lining projects to be completed in five to 6 years.
        The reimbursable and non-reimbursable funds have already been
    appropriated into the Reclamation Aging Infrastructure Account by
    Congress through the Infrastructure Investments and Jobs Act.
    Using Reimbursable Loan Funds as Non-Federal Match for Federal Grants

        Each year, water users throughout Idaho take advantage of the
    WaterSMART grant programs provided by Reclamation. These programs can
    provide much needed financial assistance to cover a portion of the cost
    of water-related projects. Canals have been lined and improved,
    headgates have been replaced, watershed plans have been developed. This
    program has been a lifeline to Idaho's and the entire West's water user
    community.
        These programs do not provide 100% of the cost of a particular
    project. Rather, they provide some ``federal share''--up to 50% and
    sometimes much less--and require that a non-federal ``match'' be
    provided. These non-federal matches can be in the form of state grants,
    private contributions by the water users, or in-kind services. In some
    instances, loans may be required.
        Through the Aging Infrastructure Account established by section
    9603(d)(1) of the Omnibus Public Land Management Act of 2009, as
    amended (43 U.S.C. 510b(d)(1)), and the Infrastructure Investment and
    Jobs Act of 2021 (IIJA), Congress created and funded an aging water
    infrastructure loan program. This program provides long-term, low-
    interest loans to allow water users to address their aging
    infrastructure needs. It is important to emphasize that these are loans
    (i.e., reimbursable funding).
        Unfortunately, absent express authority, Reclamation asserts that
    it is unable to treat these loans as a match for federal grant
    programs. This has created concerns for water users in Idaho and
    throughout the West as these loans are serviced with non-federal funds
    that would qualify as matching funds for these grants. Since aging
    infrastructure loans are repaid with qualifying non-federal funds, we
    believe funding provided by these loans should be allowed to be used as
    a non-federal match for federal grants.
        H.R. 6107 amends the Omnibus Public Lands Management Act of 2009 to
    ensure that reimbursable funding (i.e., aging infrastructure loans) can
    be used to match federal grant programs. This will enable more Western
    water delivery entities operating Reclamation-owned transferred works
    to further leverage these reimbursable funding opportunities provided
    by the Omnibus Public Lands Management Act of 2009 and the IIJA with
    other federal grants to greatly expand these modernization projects and
    improve water conservation on aging water infrastructure facilities in
    the West.
        Thank you for the opportunity to provide testimony on H.R. 6107,
    the Urban Canal Modernization Act. The Boise Project urges the
    Subcommittee to support this legislation and would be happy to answer
    any questions Members of the Subcommittee may have.

                                     ______

        Mr. Bentz. Thank you. The Chair now recognizes Mr. Schmitz
    for 5 minutes.

    STATEMENT OF TAYLOR SCHMITZ, DIRECTOR OF GOVERNMENT RELATIONS,
          CONGRESSIONAL SPORTSMEN'S FOUNDATION, WASHINGTON, DC

        Mr. Schmitz. Chairman Bentz, Congressman Neguse, and
    members of the Subcommittee, my name is Taylor Schmitz, and I
    serve as the Director of Federal Relations for the
    Congressional Sportsmen's Foundation, CSF.
        First, I would like to thank the Subcommittee for holding a
    hearing on the Modernizing Access to Our Public Waters Act, or
    MAP Waters, which is strongly supported by CSF.
        I would also like to thank the Subcommittee, as well as the
    Full Committee, for continuing to prioritize access to our
    nation's public lands and waters.
        While my testimony will primarily focus on the benefits of
    the MAP Waters Act for America's nearly 55 million sportsmen
    and women, it is important to note that this legislation
    benefits all individuals who enjoy our Federal public lands and
    waters.
        Sportsmen and women alone spend roughly $100 billion
    annually, and support more than 1.6 million jobs. Furthermore,
    according to the Outdoor Industry Association, outdoor
    recreation as a whole contributes nearly $887 billion annually
    in consumer spending. To support these economic contributions,
    there needs to be places for sportsmen and women and others to
    recreate.
        Unfortunately, lack of access is often cited as the No. 1
    reason why sportsmen and women no longer participate in our
    time-honored traditions of hunting and fishing. Access is often
    difficult to define, because access means different things to
    different people depending on how you utilize and enjoy our
    public lands and waters. What is certain is that access also
    means the ability to have certainty on when, where, and how you
    can enjoy an outdoor pursuit.
        Digital mapping and GPS technologies have fundamentally
    changed how sportsmen and women and others utilize and enjoy
    our Federal lands and waters. However, inconsistent and
    outdated record-keeping practices amongst Federal agencies
    hinders the abilities of sportsmen and women from fully taking
    advantage of these technologies in their outdoor pursuits.
        Put simply, users of public waters should not be required
    to have a law degree to find information out about boating and
    fishing regulations. There are many opportunities that exist to
    leverage technology to modernize the way in which sportsmen and
    women and others plan and conduct trips on Federal lands and
    waters to make sure that they are in compliance with existing
    regulations and rules for specific areas.
        For example, this summer I visited Yellowstone National
    Park for the first time. Leading up to my visit, I explored the
    Yellowstone Guide on the Park app on my cell phone. Upon
    opening the app and selecting things to do, there were several
    activities listed such as hiking, biking, snowmobiling, among
    others, that included helpful information such as parking
    locations, restrictions, et cetera. When scanning through the
    list, I noticed that fishing and boating was not listed. As an
    avid fisherman that has long desired to fish within Yellowstone
    Park, arguably the best national park for fly fishing in the
    country, I was disappointed to see the exclusion of fishing,
    much less any other information on river access points, open
    streams and rivers, and other important information to have a
    safe and enjoyable trip.
        Thankfully, I knew that fishing was indeed an allowable
    activity within the park, but this experience raised the
    concern in my mind that other visitors may not be aware of the
    fishing opportunities that do exist if they rely solely on the
    park app, as many individuals do.
        The over-arching purpose of the MAP Waters Act is simply to
    modernize and improve outdoor recreation by bringing public
    water mapping information into the 21st century. To accomplish
    this goal, the MAP Waters Act will require the BLM, Bureau of
    Reclamation, Fish and Wildlife Service, the Park Service, and
    the Forest Service to modernize and digitize their respective
    public water mapping information. This information includes,
    but is not limited to, access points, watercraft restrictions,
    decontamination requirements, fishing restrictions, and other
    information that is critical to have a safe and responsible
    time on the water.
        Last Congress, a very similar bill known as the MAPLand
    Act, also led by Congressman Blake Moore, passed the House
    under suspension, passed the Senate under unanimous consent,
    and was quickly signed into law. The impressive vote in both
    chambers of Congress demonstrates that opportunities to invest
    in mapping information with the goal of enhancing outdoor
    recreation are a worthy endeavor.
        To close, CSF would again like to thank the Subcommittee
    for holding a hearing on the MAP Waters Act, and I would be
    happy to answer any questions you may have. Thank you.

        [The prepared statement of Mr. Schmitz follows:]
      Prepared Statement of Taylor Schmitz, Director, Federal Relations,
                      Congressional Sportsmen's Foundation
                                  on H.R. 6127

        Good morning, Chairman Bentz, Ranking Member Huffman, and members
    of the Subcommittee. My name is Taylor Schmitz, and I serve as the
    Director of Federal Relations for the Congressional Sportsmen's
    Foundation (CSF). First, I would like to thank the Chairman, Ranking
    Member, and Members of the Subcommittee for holding a hearing on H.R.
    6127, the Modernizing Access to Our Public Waters (MAPWaters) Act. This
    bipartisan legislation is a common-sense effort to bring public water
    mapping information into the 21st century and is strongly supported by
    CSF. The Congressional Sportsmen's Foundation would also like to thank
    the Subcommittee as well as the full Committee for continuing to
    prioritize access to our public lands and waters.
        While my testimony will primarily focus on the benefits of the
    MAPWaters Act for America's nearly 55 million sportsmen and women, it
    is important to note that this legislation impacts all individuals who
    enjoy federal public waters managed by the Department of the Interior
    (DOI) and the Department of Agriculture (USDA). While states have a
    significant role in supporting anglers, these two Departments also
    provide substantial opportunities for sportsmen and women. For example,
    the U.S. Fish and Wildlife Service alone supports more than 7.1 million
    annual fishing visits. The agencies under the umbrella of these two
    Departments belong to the citizens of this country, and there is an
    expectation that reasonable access to recreate and enjoy the lands and
    waters under their jurisdiction is a condition that is afforded through
    public ownership.
        Established in 1989, CSF is a non-partisan organization that works
    with the bipartisan Congressional Sportsmen's Caucus (CSC), the
    largest, most active caucus on Capitol Hill, and with state legislators
    and governors across the country. The current House CSC Co-Chairs are
    Representatives Bruce Westerman (AR) and Jimmy Panetta (CA), and Vice
    Chairs are Representatives Garret Graves (LA) and Jared Golden (ME).
    For the past seven years, I have served as a liaison from CSF to the
    CSC to provide non-partisan information to help guide policies of
    importance to sportsmen and women. In addition, I currently serve as
    the Vice Chair of the American Wildlife Conservation Partners (AWCP),
    and in January, I will assume the role of AWCP Chairman. AWCP is a
    consortium of 50 organizations that represent the interests of
    America's millions of hunter-conservationists, professional wildlife
    and natural resource managers, outdoor recreation users, conservation
    educators, and wildlife scientists.
        At the outset, it is important to provide an overview of the
    significance of hunting, fishing, and other forms of outdoor recreation
    for the United States economy. Sportsmen and women alone spend roughly
    $100 billion annually on gear, boat fuel, travel, licenses, and other
    trip-related expenditures, and support more than 1.6 million jobs with
    salaries and wages approaching $72 billion. Furthermore, according to
    the Outdoor Industry Association, outdoor recreation contributes $887
    billion annually in consumer spending. To put that in perspective, the
    same report notes the outdoor recreation community contributes nearly
    double that of the pharmaceutical industry ($468 billion) in annual
    consumer spending.
        In order to maintain these robust contributions to the U.S.
    economy, there needs to be places for sportsmen and women and other
    outdoor enthusiasts to recreate. Unfortunately, lack of access is often
    cited as the No. 1 reason sportsmen and women no longer participate in
    our time-honored traditions of hunting and fishing. ``Access'' is often
    a difficult term to define because ``access'' means different things to
    different people, depending on how you hunt, fish, or utilize public
    lands and waters. What is certain is that ``access'' also includes the
    ability to have certainty on when, where, and how you can enjoy an
    outdoor pursuit. To that end, ``access'' may be best defined as ``you
    know it when you see it''. For example, to some, access may mean you
    are clearly able to drive your vehicle through a Forest Service road or
    launch a bass boat directly at a public boat ramp. To others, access
    may mean parking at the Forest Service gate and having the ability to
    hike five miles back to your favorite hunting or fishing location. What
    is not left up to the discretion of each individual is that entry
    itself to open units of land or water is not all there is to ``access''
    in many cases, but also includes the ability to easily understand the
    rules and regulations, including open areas, boat speed and horsepower
    restrictions, gear limitations, etc., of public lands and waters
    factors into the degree of certainty and confidence one needs to enjoy
    those lands and waters.
        In the 21st century, digital mapping and GPS technologies have
    fundamentally changed how sportsmen and women navigate and utilize
    federal lands and waters. However, inconsistent and outdated record
    keeping practices amongst federal agencies hinders the ability of
    sportsmen and women and other recreationists from fully taking
    advantage of these technologies. Additionally, much of the public water
    mapping information that is held by federal agencies is still contained
    in paper format or a format that is not compatible with GPS
    technologies. Moreover, there are many opportunities that exist to
    leverage technology to modernize the way in which sportsmen and women
    plan and conduct trips, as well as ensure they can confidently comply
    with existing rules and regulations for specific areas. Put simply,
    users of public lands and water should not have to have a law degree to
    find information about fishing and boating rules. As an example, the
    Fish and Wildlife Service alone has 42 pages of National Wildlife
    Refuge System specific regulations in the code of federal regulations,
    many of which are tied to waterway navigation, use, and fishing.
        For example, this summer I visited Yellowstone National Park for
    the first time. Leading up to my visit, I explored the Yellowstone
    guide on the National Park Service app on my phone, as almost all of us
    who are accustomed to using our smartphones as guides would do when
    planning a trip to a new area. Upon opening the app and selecting
    ``Things to Do'', there were several activities such as hiking, biking,
    snowmobiling, etc. that included helpful information such as parking
    locations, restrictions, etc. When scanning through the list of
    activities, I noticed that ``fishing'' or ``boating/paddling'' was not
    listed. As an avid trout fisherman that has long desired to fish within
    Yellowstone Park, arguably the best national park for fly fishing, I
    was disappointed to see the exclusion of fishing as a thing to do, much
    less any information on stream access points, which streams or reaches
    of streams were open to fishing, and which fishing gear types or lures
    were permissible. Thankfully, I knew that fishing was indeed an
    allowable activity within the park, but this experience raised the
    concern in my mind that some visitors to the park may not be aware of
    the fishing opportunities that exist if they rely solely on the app as
    many individuals do.
        At the risk of singling out America's first national park, another
    example of how the MAPWaters Act could benefit recreationists in
    Yellowstone is an experience that a friend who guides youth in the park
    for trout encountered this past summer. When leading a guided trip for
    several youths to a backcountry lake in Yellowstone, he came across a
    sign posted at a trailhead indicating that over half of the lake they
    were going to fish was closed to the public to protect nesting
    trumpeter swans. The area in which he had permits to camp and fish was
    within the closed area. Not wanting to break the rule set by
    Yellowstone, or to disturb the nesting swans, he backed out and drove
    30 minutes to call the park ranger service for clarification over the
    closure. When contact with the ranger service was made, the ranger
    informed him that the area had previously been closed, but the closure
    had since been lifted and that the signs were outdated, adding that
    someone was supposed to have taken them down the previous week and that
    the trip could continue unimpeded.
        I highlight these two very recent and real experiences in
    Yellowstone Park to demonstrate how the MAPWaters Act can benefit and
    simplify things for not only anglers in this case, but also federal
    land and water management officials themselves.
        To improve digital water mapping and to modernize public access,
    CSC Member Rep. Blake Moore introduced the bipartisan MAPWaters Act.
    The overarching purpose of the MAPWaters Act is simply to modernize,
    improve, and encourage outdoor recreation for anglers, hunters,
    boaters, and other outdoor enthusiasts by simplifying public water
    mapping information. To accomplish this goal, the MAPWaters Act will
    require the Bureau of Land Management (BLM), Bureau of Reclamation
    (BoR), U.S. Fish and Wildlife Service (FWS), National Park Service
    (NPS), and the U.S. Forest Service (USFS) to modernize and digitize
    their respective public water mapping information. The MAPWaters Act
    will uncover new recreation opportunities and help people have their
    best days outdoors, while making people aware of the rules and reducing
    conflict and violations. This legislation does not alter, enhance, or
    diminish any authorities, but rather it simply directs agencies to map
    existing water recreation rules so that they are clear and available to
    the public.
        Specifically, the MAPWaters Act requires these federal agencies to
    work through their respective Secretaries to jointly develop and adopt
    consistent standards to ensure interagency compatibility and
    applicability among Federal databases within 30 months. Once a
    consistent standard has been agreed upon, the respective Secretaries
    will have up to four years to digitize and make publicly available
    online geographic information system (GIS) data that captures important
    information for those using public lands and waters. This information
    includes, but is not limited to, access points, watercraft
    restrictions, decontamination restrictions to prevent the spread of
    aquatic invasive species, horsepower and engine restrictions, fishing
    restrictions and closures, and other information that is critical to
    have a safe and responsible time on the water. In order to help
    facilitate the successful implementation of the MAPWaters Act, this
    legislation authorizes a total of $21 million for the Department of the
    Interior from Fiscal Year 24 through 27, and a total of $14 million for
    the Department of Agriculture from Fiscal Year 24 through 27.
        Importantly, CSF appreciates the inclusion of language in Section 5
    of the MAPWaters Act that allows for coordination and cooperation with
    non-federal partners. If this legislation is enacted, CSF would
    strongly encourage the responsible federal agencies in this bill to
    take advantage of the flexibility provided under Section 5 to
    coordinate with non-governmental organizations, state natural resource
    agencies, geospatial and technology companies, among others, to ensure
    a digestible and well-functioning system of information that truly
    addresses the needs of hunters, anglers, boaters, and other
    recreationists visiting our federally-managed waters.
        Last Congress, a very similar bill known as the MAPLand Act, also
    led by CSC Member Rep. Moore, passed the House under suspension on a
    vote of 414-9, passed the Senate under unanimous consent, and was
    quickly signed into law by President Biden. The MAPLand Act sought to
    improve GIS and digital mapping for certain federal land management
    agencies. To complement this effort, the MAPWaters Act will apply the
    same general concept of the MAPLand Act to waterways to benefit
    anglers, boaters, and other users of public waters. The impressive vote
    in both Chambers of Congress demonstrates that investments to improve
    mapping information and enhance outdoor recreation opportunities are a
    worthy endeavor, and we ask that Congress follow the track record of
    the MAPLand Act with the MAPWaters Act.
        In summary, CSF would again like to thank the Subcommittee for
    holding a hearing on the MAPWaters Act and would like to thank CSC
    Member Rep. Moore for his efforts on this common-sense legislation that
    will bring our public water mapping information into the 21st century.
    I would be happy to answer any questions you may have. Thank you.

                                     ______

     Questions Submitted for the Record to Mr. Taylor Schmitz, Director of
             Federal Relations, Congressional Sportmen's Foundation

                  Questions Submitted by Representative Moore

        Question 1. Mr. Schmitz, thank you for joining us today. In your
    testimony, you mentioned the challenges with outdated and inconsistent
    record-keeping practices among federal agencies. How will the
    digitization and modernization of public water mapping information
    through the MAPWaters Act improve the overall experience for those who
    engage in activities like fishing and boating.

        Answer. Access is often thought of only as lines on a map or
    spatial areas that are open to a particular activity, such as fishing
    and boating. However, access often includes the ability to have
    certainty on when, where, and how you can enjoy an activity.
    Unfortunately, it is often difficult with antiquated record keeping
    practices to have this degree of certainty. By digitizing not only
    geospatial data but also any regulatory restrictions within specific
    boundaries, the MAPWaters Act will alleviate this by facilitating 21st
    century methods to have more certainty while on the water. The
    MAPWaters Act will improve pre-trip planning and day-of decision-
    making, which will make it easier for anglers and boaters to get on the
    water.

        Question 2. Mr. Schmitz, you highlighted the significant economic
    contribution of outdoor recreation. Could you discuss how the MAPWaters
    Act could potentially boost this economic impact, especially in terms
    of encouraging more participation in outdoor activities?

        Answer. Access is often cited as the number one reason why
    sportsmen and women no longer participate in a particular activity. As
    mentioned in the answer above, access includes the ability to have
    certainty on when, where, and how you can enjoy an outdoor pursuit.
    Unfortunately, this information can often be challenging to find.
    Because of the challenges associated with finding access information,
    such as closures, restrictions, available outdoor pursuits, etc., the
    public may be unaware or even deterred from engaging in an activity for
    the first time or exploring a new activity, which hinders future
    economic contributions.
        For example, as I mentioned in my testimony, during my trip to
    Yellowstone National Park this past summer, I noticed that fishing was
    not listed as an activity on the National Park Service (NPS) app on my
    phone. If visitors to Yellowstone National Park were new or interested
    in fishing, they may not be aware of the fishing opportunities that
    exist within the park because of lack of information on the app. If NPS
    was to incorporate the requirements of the MAPWaters Act, this could
    lead to increased fishing opportunities, and therefore enhanced
    economic contributions.
        As a regular user of public lands and waters, I can attest to the
    fact that exploring new areas, especially for hunting and fishing
    opportunities, can be intimidating. Due to the lack of readily
    accessible information about our public lands and waters, I find myself
    hesitant to explore new areas out of fear that I may unknowingly commit
    a violation simply because the regulations and restrictions were
    inconsistent, unclear, or outdated. With access information readily
    available, I and thousands of other hunters and anglers would be more
    likely to explore new areas in new states or locations, expanding our
    economic footprint.

        Question 3. Mr. Schmitz, given the strong bipartisan support and
    the success of the similar MAPLand Act, how do you see the MAPWaters
    Act furthering bipartisan collaboration in Congress, particularly in
    supporting outdoor recreation and conservation efforts.

        Answer. First, the Congressional Sportsmen's Foundation would like
    to thank Rep. Moore for his leadership on the bipartisan and innovative
    MAPLand Act, which passed Congress with near unanimous support.
        When you examine the track record of Congress for the last five
    years, you will notice that this period has been one of the most
    successful and meaningful for sportsmen and women and conservation
    across the country in terms of seeing legislation signed into law. The
    MAPWaters Act represents another bill that could and should be added to
    the list of meaningful victories for sportsmen and women and other
    conservationists in recent years. Hunting, fishing, and other forms of
    outdoor recreation have a unique ability to transcend partisan lines.
    One of the primary reasons for this from the perspective of the
    Congressional Sportsmen's Foundation is that these activities offer
    something to everyone regardless of political affiliation. These
    activities resonate in all areas and Congressional districts across the
    country, which means that Members of Congress often take pride in
    efforts to bolster outdoor opportunities for their constituents. With
    that in mind, this is the reason the Congressional Sportsmen's Caucus
    is one of the largest, most active bipartisan caucuses on Capitol Hill,
    which you know as an active member yourself.

        Question 4. Mr. Schmitz, can you elaborate on how the MAPWaters Act
    will directly contribute to increasing outdoor recreational
    opportunities for America's nearly 55 million sportsmen and women?

        Answer. More access, both spatial and informational access, leads
    to more opportunities for sportsmen and women. As noted in the answer
    to question 2, lack of access is often the number one deterrent to
    hunting and fishing. The MAPWaters Act will alleviate this by providing
    certainty to sportsmen and women while they are on the water.
        Furthermore, sportsmen and women are the greatest stewards of
    conservation across the country. Hunting and fishing are largely self-
    regulated activities because sportsmen and women inherently seek to
    find unpressured, out of sight locations. Providing increased certainty
    to sportsmen and women as to regulations, closures, restrictions, etc.
    will improve the overall experience of sportsmen and women and enhance
    the comfort level of sportsmen and women to explore new areas.
    Increased participation equals increased conservation funding through
    excise taxes on fishing and hunting equipment through the American
    System of Conservation Funding.

        Question 5. Mr. Schmitz, the MAPWaters Act involves collaboration
    with non-federal partners. Can you speak to the importance of this
    aspect in terms of good governance and how it might enhance public
    engagement and stewardship of our nation's waterways.

        Answer. There are a number of non-federal partners that have years
    and sometimes decades of experience with translating water mapping
    information into a digestible and usable format for users of our
    nation's waterways. Sportsmen and women and other recreationists know
    and trust these partners. Because of this, the Congressional
    Sportsmen's Foundation believes it is important for our federal
    agencies to collaborate with non-federal partners to leverage their
    years of experience and trust with sportsmen and women and other
    recreationists.
        Furthermore, federal waters cross multiple federal agency
    jurisdictions, making it difficult to collect information for all
    agencies in one location that is easy for the public to access. Non-
    federal partners, like smartphone application developers and marine
    electronic companies, have the expertise, technology, and experience
    needed to take standardized digital data and incorporate it in a
    useable format, regardless of the agency responsible for managing any
    given waters.

                                     ______

        Mr. Bentz. Thank you. The time is now for questions, and
    the Chair recognizes Ms. Hageman for 5 minutes.
        Ms. Hageman. Thank you, Mr. Chairman, and special thanks to
    each of the witnesses for being here today.
        Mr. Platt, given the facts about projects like the New York
    Canal in your state, I fully support the idea of having the
    Bureau of Reclamation be more proactive, rather than reactive,
    when it comes to providing financial support for fixing
    projects that are either at high risk of failure or put the
    public at risk if they were to fail. You state in your
    testimony that if H.R. 6107 were enacted, it would help your
    district correct deficiencies in the project on an accelerated
    timeline and lessen the risk of failure through such financial
    support.
        In my home state of Wyoming, we had a tunnel collapse a
    couple of years ago that cut off water to tens of thousands of
    acres of productive farms and ranches during the growing season
    in both Nebraska and Wyoming, and a disaster that possibly
    could have been prevented if such an approach was used by
    Reclamation prior to that collapse.
        Just last summer, we had a failure of a portion of the
    Interstate Canal flooding area fields and shutting down the
    canal during the irrigation season, again affecting farmers and
    landowners in both Wyoming and Nebraska.
        Public law contains similar authority for Reclamation to
    use in these emergency situations, providing up to 35 percent
    non-reimbursable funding from the aging infrastructure account
    to prevent failures. Mr. Platt, do you believe that Reclamation
    should be more proactive with the emergency extraordinary
    maintenance provisions that are currently in law to prevent
    such disasters from happening?
        Mr. Platt. Chairman Bentz, Congressman Hageman, I
    absolutely agree with that. And what we believe is the bill
    will offer the opportunity to sort of untie the Bureau's hands
    on some of this.
        We have been visiting with them about it, and what they
    tell us is the way the law is written, it is extremely hard
    without some of these amendments to be able to distribute those
    monies. And in our minds, it is better to get ahead of some of
    these. We call them extraordinary maintenance, but get ahead of
    these things in a non-emergency situation so that we don't
    create the opportunity to have huge liability down the road.
        Ms. Hageman. Well, I agree with that. I am a water lawyer,
    and have been practicing in Wyoming and Nebraska for many
    years, so understand the importance of the USBR infrastructure,
    as well as the need to make sure we are getting the water to
    the right place at the right time.
        Has your district talked to Reclamation about using these
    existing emergency provisions to provide that 35 percent in
    funding?
        Mr. Platt. We have talked to them all the way from the
    local level to the national level, and Department of the
    Interior. We have been going back and forth for a number of
    years, but we have discussed with them whether or not this was
    available. We would have to make these amendments in order to
    make that money available.
        Ms. Hageman. So, their position is that right now they are
    unable to use that money?
        Mr. Platt. Their position right now is that they question
    whether or not they have the authority to use that money. This
    would free that up.
        Ms. Hageman. Shifting gears a bit, I would like to ask Mr.
    Schmitz a few questions about H.R. 6127, the MAP Waters Act.
        According to a recent study by the Wyoming Office of
    Outdoor Recreation through the University of Wyoming, more
    people are visiting and recreating in Wyoming's open spaces
    than ever before, even though some people say that Wyoming
    doesn't exist, which is a message I would like to get out there
    more. Just kidding.
        Increased outdoor recreation, including the use of Wyoming
    waters for rafting, kayaking, and angling has led to major
    economic benefits and improved quality of life. And in 2021,
    boating and fishing contributed $43.7 million to the state's
    economy. Hunters, anglers, and wildlife watchers bring around
    $1 billion into the state each year. All this is to say that
    converting existing navigation tools into a usable format for
    visitors is very important to me and my state.
        Mr. Schmitz, what limitations do the manufacturers of these
    navigation tools and marine electronics currently experience in
    accessing Federal mapping data and regulatory information?
        Mr. Schmitz. Congresswoman, thank you for the question.
        The challenge for the manufacturers of these apps or
    platforms is that the information simply doesn't exist in a GIS
    or GPS-compatible platform. For example, much of the mapping
    information that is controlled by the Federal agencies or
    managed by the agencies is often held in a paper format. And
    when it is held in a PDF format, it is often not compatible
    with GPS or GIS technologies, making it difficult for the
    manufacturers to incorporate this information.
        Ms. Hageman. So, then how would this digitized information
    translate into a usable format for the average angler, boater,
    hunter, or visitor?
        Mr. Schmitz. Congresswoman, the simple answer is being able
    to have this information at your fingertips and in your palm
    when you are in the field or in the water, being able to pull
    up your smart device and leverage this technology and know
    exactly where you are roughly within 9 feet or so of where you
    are standing in a body of water or on your boat. But the
    important part is just having this information in real time and
    up-to-date formats.
        Ms. Hageman. Thank you, I appreciate that information.
        I yield back, and I welcome people coming to Wyoming and
    recreating. Thank you.
        Mr. Bentz. Thank you. I am happy you set the record
    straight regarding Wyoming. The Chair recognizes himself for 5
    minutes.
        I am interested in Chair Simpson's question about the New
    York Canal and where the name came from, since I live over in
    Ontario and I have driven by that canal many times. So, perhaps
    you can put that burning question to rest.
        Mr. Platt. Congressman Bentz, I want to add this. Actually,
    the water from the New York Canal ends up with some of your
    constituents in eastern Oregon, so down in the Big Bend area.
        The reason it is the New York Canal in Boise, Idaho is
    because they felt like, if they had a name like that, they
    could get investors out of New York to be involved in the
    project when it was first built back right after the turn of
    the century. And it was taken over after that because of a
    number of issues by the Federal Government in 1926.
        Mr. Bentz. In my law practice out in the eastern part of
    the state, we had different canals give way and flood different
    small cities, Baker City, for example, and Little Nyssa. I am
    familiar with what happens when one of those canals fails.
        Do you, as an organization, then purchase insurance for
    that purpose? Would these investments drive down that cost for
    you?
        Mr. Platt. It would help. Our limit on insurance is
    actually $500,000. So, any failure, anything in excess of that
    would become the liability of the Federal Government. That is
    why we are trying to get this thing fixed to limit that
    liability.
        Mr. Bentz. Right, the growth of the Boise Valley has been
    astounding, close to 800,000 people out there now, or maybe
    more. You were there way before they were. But nonetheless, the
    liability is upon you, is it not, for water rushing down the
    hill? You are liable.
        Mr. Platt. Yes, Chairman, for the first $500,000. But
    ICRMP, who is our insurer, limits us to that amount of
    liability. We do try to do a great job of delivering water, but
    you never know what is going to happen.
        Mr. Bentz. You sure don't.
        Ms. Fuller, the challenge for your organization in sending
    the money to Washington, DC was designed long ago, was it not?
    The idea was that you send the money to DC, and we carefully
    check to see if you are spending it right, and then we give you
    authorization to keep spending. Was that the original concept?
        Ms. Fuller. Yes, sir. That is actually what Southwestern
    does. We are just the customers. So, we send the money to
    Southwestern, and they send the money, as they should have. But
    yes, that was the original design back in the day.
        Mr. Bentz. Would it be better that I ask your colleague the
    question about why we should now be comfortable with the fact
    that we just let you guys stack up the money and then spend it?
        I know there has to be an oversight function, but perhaps
    you can explain it.
        Ms. Fuller. Sure, I will tackle it, and then I am sure, if
    I miss something, Mr. Wech will let me know.
        Yes, sir, I think that that is a very valid question. And
    the way that H.R. 4219 works is it doesn't change any of the
    statutory obligations on how Southwestern must operate. The
    only thing it changes is the way the money is handled. They
    will still submit a budget for transparency, like they always
    have with Congress.
        And I think a vital note here is that they also work very
    closely with the customers, who are the ones that pay the bill
    on what their budget looks like to make sure that they are
    meeting all of the needs of not only their own organization,
    but the customers who pay the bill.
        Mr. Wech. And Chairman Bentz, I would just add on to that
    that not only would we submit the budget to the Department of
    Energy, but it would certainly be under oversight from both the
    Senate and the House. We are very transparent with our budget.
    We have testified on behalf of that for years. We would
    continue to do so, and answer any questions.
        And then last, but certainly not least, in those six states
    that we operate in, we have over 102 individual customers that
    Ms. Fuller represents. So, I have 102 bosses, if you will, to
    answer to in terms of rates.
        Mr. Bentz. Thank you. And you can tell from the dearth of
    folks asking you questions that the bills aren't generating
    opposition. So, I think you can take solace in that today, and
    I really appreciate your being here. That exhausts my
    questions. I want to thank you for your testimony and the
    Members for their questions.
        The members of the Committee may have some additional
    questions for the witnesses, and we will ask you to respond to
    these in writing. Under Committee Rule 3, members of the
    Committee must submit questions to the Subcommittee Clerk by 5
    p.m. Eastern Time on Friday, November 17. The hearing record
    will be held open for 10 business days for these responses.
        I ask unanimous consent to enter into the hearing record
    eight documents received by the Committee in support of H.R.
    4219, the Southwestern Power Administration Fund Establishment
    Act. These are from Northeast Louisiana Power Cooperative,
    Jonesboro City Water and Light in Arkansas, American Public
    Power Association and the National Rural Electric Cooperative
    Association, Paragould Municipal Utilities in Arkansas,
    Sikeston Board of Municipal Utilities in Missouri, Nixa
    Utilities and Public Works in Missouri, Kansas Electric Power
    Cooperative, and Association of Missouri Electric Cooperatives.
        Without objection, so ordered.

        [The information follows:]

              Northeast Louisiana Power Cooperative, Inc. (NELPCO)

                                                  November 14, 2023

    Hon. Cliff Bentz, Chairman
    Hon. Jared Huffman, Ranking Member
    House Natural Resources Committee
    Subcommittee on Water, Wildlife and Fisheries
    1324 Longworth House Office Building
    Washington, DC 20515

    Re: Letter of Support for H.R. 4219, the Southwestern Power
            Administration Fund Establishment Act

        Dear Chairman Bentz and Ranking Member Huffman:

        Northeast Louisiana Power Cooperative, Inc. (NELPCO) writes to
    provide a letter of support for H.R. 4219, the Southwestern Power
    Administration Fund Establishment Act. NELPCO serves its 11,800
    residential members through power purchased from SPA.
        NELPCO strongly supports H.R. 4219, the Southwestern Power Fund
    Establishment Act (Act). Not only does this Act more fully allow
    Southwestern to operate at the ``lowest possible rate consistent with
    sounds business principles'', but it also costs the taxpayers nothing.
    Unlike Southwestern's current funding model that relies on
    appropriations which are repaid every year through power sales rates,
    the Act allows Southwestern to operate like a utility. With increased
    funding certainty to anticipate and plan for weather events and other
    impacting issues, Southwestern would not only save its customers money
    it would ensure enhanced grid reliability across the Midwest.
        As a proud federal hydropower customer, I appreciate your
    consideration of this Bill and offer my strong support. This is a time
    that Congress can help cut the unnecessary red tape and make the
    program better.

                Thank you,

                                               Jeff Churchwell,
                                                        General Manager

                                     ______

           City Water and Light Plant of the City of Jonesboro (CWL)

                              Jonesboro, Arkansas

                                                  November 14, 2023

    Hon. Cliff Bentz, Chairman
    Hon. Jared Huffman, Ranking Member
    House Natural Resources Committee
    Subcommittee on Water, Wildlife and Fisheries
    1324 Longworth House Office Building
    Washington, DC 20515

    Re: Letter of Support for H.R. 4219, the Southwestern Power
            Administration Fund Establishment Act

        Dear Chairman Bentz and Ranking Member Huffman:

        City Water and Light Plant of the City of Jonesboro (CWL) writes to
    provide a letter of support for H.R. 4219 the Southwestern Power
    Administration Fund Establishment Act. CWL is a municipal improvement
    district operating as a consolidated utility district. Formed in 1906,
    CWL provides water, wastewater, and electricity to the citizens of
    Jonesboro, AR. CWL currently serves 40,271 electric meters, 38,807
    water meters, and 26,084 wastewater customers. Approximately 7,000 of
    CWL's water meters lie outside the city limits in the counties of
    Craighead, Greene, and Poinsett.
        CWL strongly supports H.R. 4219, the Southwestern Power Fund
    Establishment Act (Act). Not only does this Act more fully allow
    Southwestern to operate at the ``lowest possible rate consistent with
    sounds business principles'', but it also costs the taxpayers nothing.
    Unlike Southwestern's current funding model that relies on
    appropriations which are repaid every year through power sales rates,
    the Act allows Southwestern to operate like a utility. With increased
    funding certainty to anticipate and plan for weather events and other
    impacting issues, Southwestern would not only save its customers money
    it would ensure enhanced grid reliability across the Midwest.
        As a proud federal hydropower customer, I appreciate your
    consideration of this Bill and offer my strong support. This is a time
    that Congress can help cut the unnecessary red tape and make the
    program better.

                Thank you,

                                                 Jake Rice III,
                                                                Manager

                                     ______

                    American Public Power Association (APPA)

            National Rural Electric Cooperative Association (NRECA)

                                                  November 14, 2023

    Hon. Cliff Bentz, Chairman
    Hon. Jared Huffman, Ranking Member
    House Natural Resources Committee
    Subcommittee on Water, Wildlife and Fisheries
    1324 Longworth House Office Building
    Washington, DC 20515

        Dear Chairman Bentz and Ranking Member Huffman:

        The American Public Power Association (APPA) and National Rural
    Electric Cooperative Association (NRECA) appreciate the opportunity to
    submit a statement for the record for the House Natural Resources
    Committee's Subcommittee on Water, Wildlife and Fisheries hearing on
    H.R. 4219, the Southwestern Power Administration Fund Establishment
    Act. APPA and NRECA support the testimony of Nicki Fuller, Executive
    Director of the Southwestern Power Resources Association. APPA and
    NRECA strongly support H.R. 4219, which would allow the Southwestern
    Power Administration (SWPA or Southwestern) to better plan for and
    respond to drought, avoid rate spikes, and support long-term capital
    investments in energy infrastructure. SWPA is one of four Power
    Marketing Administrations (PMAs) that market federally generated
    hydropower to public power utilities and rural electric cooperatives at
    rates set to cover all the costs of generating and transmitting
    electricity. No costs are borne by taxpayers and this legislation would
    not change that.
        The American Public Power Association is the voice of not-for-
    profit, community-owned utilities that power 2,000 towns and cities
    nationwide. APPA represents public power before the federal government
    to protect the interests of the more than 49 million people that public
    power utilities serve, and the 96,000 people they employ. NRECA is the
    national service organization representing the interests of electric
    cooperatives and the member-consumers they serve. More than 900 not-
    for-profit rural electric utilities provide electricity to over 42
    million people in 48 states, or one in eight electric customers
    nationwide.
    Background
    Hydropower Benefits

        Making full use of the nation's hydropower resource is key to
    ensuring that the nation's grid remains reliable and resilient, and
    that utilities can meet emission reduction goals. Hydropower is a
    source of emissions-free, base-load power. Furthermore, hydroelectric
    generators can be started or stopped quickly, which makes them more
    responsive than most other energy sources for meeting demand for
    electricity at its ``peak'' or highest volume. Hydropower's ``black
    start'' capability makes it especially valuable in restoring power when
    there are widespread outages or disruptions on the system--this
    capability allows the generating units to cycle back on quickly if they
    have been tripped off in a power outage.
    Federal Hydropower

        The PMAs \1\ provide millions of Americans served by not-for-profit
    public power and rural cooperative electric utilities with cost-based
    hydroelectric power produced at federal dams operated by the U.S. Army
    Corps of Engineers (Corps) and Bureau of Reclamation (Reclamation).
    Federal hydropower and the PMAs are critical, though often overlooked,
    elements of the nation's power supply.
    ---------------------------------------------------------------------------
        \1\ The four PMAs are: the Bonneville Power Administration (BPA),
    Western Area Power Administration (WAPA), Southwestern Area Power
    Administration (SWPA) and Southeastern Power Administration (SEPA).
    ---------------------------------------------------------------------------
        The Corps and Reclamation are the largest and second largest
    (respectively) generators of hydropower in the country. The PMAs market
    federally generated hydropower, with a statutory right of first refusal
    granted to not-for-profit entities, including public power utilities
    and rural electric cooperatives (called ``preference customers''), at
    rates set to cover all the costs of generating and transmitting the
    electricity, as well as repayment, with interest, of the federal
    investment in these hydropower projects.
        The PMAs annually review their rates to ensure full cost recovery.
    None of the costs are borne by taxpayers. Power rates also help to
    cover the costs of other activities authorized by these multipurpose
    projects such as navigation, flood control, water supply, environmental
    programs, and recreation.
    H.R. 4219, the Southwestern Power Administration Fund Establishment Act

        APPA and NRECA strongly support H.R. 4219, the Southwestern Power
    Administration Fund Establishment Act. The Southwestern Power
    Administration markets hydroelectric power produced at 24 Army Corps
    multipurpose dams to over 100 public power and rural electric
    cooperatives in Arkansas, Kansas, Louisiana, Missouri, Oklahoma, and
    Texas that provide power to over 10 million end-use customers.
        While customers pay all PMA costs through their power rates, as
    mentioned above, for the Southwestern Power Administration, Western
    Area Power Administration, and the Southeastern Power Administration,
    those monies flow back to the U.S. Treasury and then must be
    appropriated by Congress.\2\ In addition, the PMAs must receive yearly
    funding levels from Congress for purchasing and wheeling (transmitting)
    power in a drought situation or when the water at the dams is used for
    purposes other than for electricity production (i.e., recreation and
    environmental mitigation). This money for ``purchase power and
    wheeling'' will then be paid for by the PMA customers through their
    rates.
    ---------------------------------------------------------------------------
        \2\ The Bonneville Power Administration's governing statute was
    amended in the 1980s to establish a ``revolving fund'' model so that
    ratepayer money goes directly to Bonneville rather than to the
    Treasury.
    ---------------------------------------------------------------------------
        Unfortunately, the current funding process for SWPA has
    increasingly failed to provide the financial certainty necessary to
    ensure steady power rates to customers during drought and other extreme
    weather events. When purchase power and wheeling funds (which, again,
    are always fully paid back by customers) are not appropriated in
    sufficient amounts or in a timely manner, SWPA is forced to use
    emergency funding mechanisms that require same year cost recovery,
    which cause rate spikes. These rate spikes cause unnecessary economic
    hardship for communities served by public power utilities and rural
    electric cooperatives.
        H.R. 4219 would move SWPA to a ``revolving fund'' model where
    receipts from power sales would be deposited into a permanent mandatory
    Treasury revolving fund and retained across fiscal years to fund future
    expenses as necessary. Future annual discretionary appropriations would
    no longer be needed. This change will provide SWPA and its not-for-
    profit customers funding certainty for purchase power and wheeling and
    other costs. This is a proven model of success for federal utility
    programs with business-like functions.
        It must be noted that while Congressional Budget Office rules will
    result in a ``score'' for the new SWPA Fund, there is no taxpayer
    burden--public power utilities and rural electric cooperative customers
    will continue to repay 100 percent of all costs associated with the
    generation and transmission of hydropower produced at Corps dams.
    Moreover, each PMA (and the region it serves) is different and while a
    revolving fund is necessary and appropriate for SWPA and its customers,
    it may not be for other PMAs.
    Conclusion

        Public power utilities and rural electric cooperatives in Arkansas,
    Kansas, Louisiana, Missouri, Oklahoma, and Texas are proud of their
    long and successful partnership with the SWPA and the Army Corps. H.R.
    4219 will allow this partnership to continue for decades to come by
    giving SWPA and its customers the financial tools to avoid rate spikes
    while continuing to invest in infrastructure.

                                     ______

                         PARAGOULD MUNICIPAL UTILITIES

                              Paragould, Arkansas

                                                  November 14, 2023

    Hon. Cliff Bentz, Chairman
    Hon. Jared Huffman, Ranking Member
    House Natural Resources Committee
    Subcommittee on Water, Wildlife and Fisheries
    1324 Longworth House Office Building
    Washington, DC 20515

    Re: Letter of Support for H.R. 4219, the Southwestern Power
            Administration Fund Establishment Act

        Dear Chairman Bentz and Ranking Member Huffman:

        Paragould Municipal Utilities (PMU) writes to provide a letter of
    support for H.R. 4219 the Southwestern Power Administration Fund
    Establishment Act. PMU has been providing the highest quality utility
    and internet services year after year for our community.
        Paragould Municipal Utilities (PMU) strongly supports H.R. 4219,
    the Southwestern Power Fund Establishment Act (Act). Not only does this
    Act more fully allow Southwestern to operate at the ``lowest possible
    rate consistent with sounds business principles'', but it also costs
    the taxpayers nothing. Unlike Southwestern's current funding model that
    relies on appropriations which are repaid every year through power
    sales rates, the Act allows Southwestern to operate like a utility.
    With increased funding certainty to anticipate and plan for weather
    events and other impacting issues, Southwestern would not only save its
    customers money it would ensure enhanced grid reliability across the
    Midwest.
        As a proud federal hydropower customer, I appreciate your
    consideration of this Bill and offer my strong support. This is a time
    that Congress can help cut the unnecessary red tape and make the
    program better.

                Thank you,

                                                Brett Bradford,
                                                    General Manager/CEO

                                     ______

                     Sikeston Board of Municipal Utilities

                               Sikeston, Missouri

                                                  November 13, 2023

    Hon. Cliff Bentz, Chairman
    Hon. Jared Huffman, Ranking Member
    House Natural Resources Committee
    Subcommittee on Water, Wildlife and Fisheries
    1324 Longworth House Office Building
    Washington, DC 20515

    Re: Letter of Support for H.R. 4219, the Southwestern Power
            Administration Fund Establishment Act

        Dear Chairman Bentz and Ranking Member Huffman:

        Sikeston Board of Municipal Utilities writes to provide a letter of
    support for H.R. 4219 the Southwestern Power Administration Fund
    Establishment Act. The Sikeston Board of Municipal Utilities provides
    electric, sewer, and water services to the City of Sikeston, Mo. In
    providing electric services to our customers, the federal hydropower
    has been an important part of our power supply. As we move towards more
    carbon free supply solutions, maintaining the hydropower in our
    resource mix becomes more important.
        The Sikeston Board of Municipal Utilities strongly supports H.R.
    4219, the Southwestern Power Fund Establishment Act (Act). Not only
    does this Act more fully allow Southwestern to operate at the ``lowest
    possible rate consistent with sounds business principles'', but it also
    costs the taxpayers nothing. Unlike Southwestern's current funding
    model that relies on appropriations which are repaid every year through
    power sales rates, the Act allows Southwestern to operate like a
    utility. With increased funding certainty to anticipate and plan for
    weather events and other impacting issues, Southwestern would not only
    save its customers money it would ensure enhanced grid reliability
    across the Midwest.
        As a proud federal hydropower customer, I appreciate your
    consideration of this Bill and offer my strong support. This is a time
    that Congress can help cut the unnecessary red tape and make the
    program better.

                Thank you,

                                                  Rick Landers,
                                                        General Manager

                                     ______

                         Nixa Utilities & Public Works

                                 Nixa, Missouri

                                                  November 14, 2023

    Hon. Cliff Bentz, Chairman
    Hon. Jared Huffman, Ranking Member
    House Natural Resources Committee
    Subcommittee on Water, Wildlife and Fisheries
    1324 Longworth House Office Building
    Washington, DC 20515

    Re: Letter of Support for H.R. 4219, the Southwestern Power
            Administration Fund Establishment Act

        Dear Chairman Bentz and Ranking Member Huffman:

        The City of Nixa writes to provide a letter of support for H.R.
    4219 the Southwestern Power Administration Fund Establishment Act. The
    City of Nixa is proud to own, operate, and maintain its own municipal
    electric system. Nixa Utilities is a small hometown electric provider
    that strives to maintain the lowest rates possible while maintaining
    the highest quality for our customers. As a customer and partner with
    Southwestern Power Administration, H.R. 4219 will provide a necessary
    tool to ensure that our customers are delivered the best, most cost
    effective service available.
        The City of Nixa strongly supports H.R. 4219, the Southwestern
    Power Fund Establishment Act (Act). Not only does this Act more fully
    allow Southwestern to operate at the ``lowest possible rate consistent
    with sounds business principles'', but it also costs the taxpayers
    nothing. Unlike Southwestern's current funding model that relies on
    appropriations which are repaid every year through power sales rates,
    the Act allows Southwestern to operate like a utility. With increased
    funding certainty to anticipate and plan for weather events and other
    impacting issues, Southwestern would not only save its customers money
    it would ensure enhanced grid reliability across the Midwest.
        As a proud federal hydropower customer, I appreciate your
    consideration of this Bill and offer my strong support. This is a time
    that Congress can help cut the unnecessary red tape and make the
    program better.

                Thank you,

                                                 Travis Cossey,
                                                         Asst. Director

                                     ______

                    Kansas Electric Power Cooperative, Inc.

                                 Topeka, Kansas

                                                  November 14, 2023

    Hon. Cliff Bentz, Chairman
    Hon. Jared Huffman, Ranking Member
    House Natural Resources Committee
    Subcommittee on Water, Wildlife and Fisheries
    1324 Longworth House Office Building
    Washington, DC 20515

    Re: Letter of Support for H.R. 4219, the Southwestern Power
            Administration Fund Establishment Act

        Dear Chairman Bentz and Ranking Member Huffman:

        Kansas Electric Power Cooperative, Inc. (``KEPCo'') writes to
    provide a letter of support for H.R. 4219, the Southwestern Power
    Administration Fund Establishment Act (the ``Act''). Headquartered in
    Topeka, Kansas, KEPCo is a not-for-profit generation and transmission
    electric cooperative supplier that provides power and energy to 16
    member distribution cooperatives in the state of Kansas pursuant to
    all-requirements wholesale electric power agreements. KEPCo's members
    collectively serve more than 75,000 retail consumer-members in the
    eastern two-thirds of Kansas, which equates to nearly 200,000 rural
    Kansans. In addition to its owned and co-owned generation resources and
    power purchase agreements, KEPCo has contractual entitlements to
    hydropower from federal power marketing administrations, including a
    100 MW allocation of peaking and supplemental hydropower from the
    Southwestern Power Administration (``SWPA'').
        KEPCo's hydro allocations are an important part of KEPCo's power
    supply strategy to maintain a diversified and balanced generation
    resource mix. Proudly, KEPCo's current generation portfolio, consisting
    of nuclear, hydro, coal, wind, natural gas, diesel, and solar
    resources, minimizes greenhouse gas emissions with approximately 65% of
    its supply generated from non-greenhouse gas emitting sources.
        KEPCo strongly supports the Act. Not only does this Act more fully
    allow SWPA to operate at the ``lowest possible rate consistent with
    sound business principles,'' but it also costs the taxpayers nothing.
    Unlike SWPA's current funding model that relies on appropriations,
    which are repaid every year through power sales rates, the Act allows
    SWPA to operate like a utility. With increased funding certainty to
    anticipate and plan for weather events, maintenance activities, long-
    term capital investments, and other significant issues, SWPA would not
    only save its customers money, it would ensure enhanced grid
    reliability across the Midwest.
        This is a time that Congress can help cut the unnecessary red tape
    and make the program better. In short, the Act would provide long-term
    funding certainty for better planning and risk management, help
    stabilize SWPA's power rates in times of severe and/or unanticipated
    weather events, and ensure continued capital investments supporting
    power delivery and grid resiliency for the existing transmission and
    hydropower systems.
        As a proud federal hydropower customer, KEPCo appreciates your
    consideration of this Bill and offers our strong support.

                Thank you,

                                                  Suzanne Lane,
                       Exec. Vice President and Chief Executive Officer

                                     ______

              Association of Missouri Electric Cooperatives (AMEC)

                            Jefferson City, Missouri

                                                  November 14, 2023

    Hon. Cliff Bentz, Chairman
    Hon. Jared Huffman, Ranking Member
    House Natural Resources Committee
    Subcommittee on Water, Wildlife and Fisheries
    1324 Longworth House Office Building
    Washington, DC 20515

    Re: Letter of Support for H.R. 4219, the Southwestern Power
            Administration Fund Establishment Act

        Dear Chairman Bentz and Ranking Member Huffman:

        The Association of Missouri Electric Cooperatives (AMEC) supports
    passage of H.R. 4219 the Southwestern Power Administration Fund
    Establishment Act. AMEC is a statewide association working on behalf of
    Missouri's 47 electric cooperatives. Our members rely on a diverse
    array of power sources which includes the Southwestern Power
    Administration.
        AMEC strongly supports H.R. 4219, the Southwestern Power Fund
    Establishment Act (Act). Not only does this Act more fully allow
    Southwestern to operate at the ``lowest possible rate consistent with
    sounds business principles'', but it also costs the taxpayers nothing.
    Unlike Southwestern's current funding model that relies on
    appropriations which are repaid every year through power sales rates,
    the Act allows Southwestern to operate like a utility. With increased
    funding certainty to anticipate and plan for weather events and other
    impacting issues, Southwestern would not only save its customers money
    it would ensure enhanced grid reliability across the Midwest.
        On behalf of our 47 member cooperatives which are federal
    hydropower customers, I appreciate your consideration of this Bill and
    offer my strong support. This is a time that Congress can help cut the
    unnecessary red tape and make the program better.

                Sincerely,

                                                   Caleb Jones,
                                      Executive Vice President and CEO

                                     ______

        Mr. Bentz. If there is no further business, without
    objection, the Subcommittee stands adjourned.

        [Whereupon, at 12:13 p.m., the Subcommittee was adjourned.]

                [ADDITIONAL MATERIALS SUBMITTED FOR THE RECORD]

                            Statement for the Record
                             Bureau of Reclamation
                        U.S. Department of the Interior
                on H.R. 6107, the Urban Canal Modernization Act

        The Department of the Interior (Department) through the Bureau of
    Reclamation (Reclamation) appreciates the opportunity to provide this
    statement for the record on H.R. 6107, the Urban Canal Modernization
    Act. The Department generally supports the intent of the bill to help
    our operating partners with costs associated with maintenance of urban
    canals.
        Reclamation's canals were originally constructed through relatively
    unpopulated areas in the Western United States. Today, some of
    Reclamation's canals are subject to the spread of urban development and
    could pose a potential risk to populated areas in the event of a
    failure. Reclamation currently classifies and monitors approximately
    880 miles of canals in its Urban Canal Hazard Program.
        If enacted, H.R. 6107 would recategorize any extraordinary
    maintenance work on an urban canal of concern as emergency
    extraordinary maintenance work, thereby allowing the Secretary to
    provide non-reimbursable funds to cover 35% of project costs. This
    would reduce operating partners' maintenance costs for these urban
    canals, passing on costs to Reclamation for extraordinary maintenance
    work that would have otherwise been funded by Reclamation project
    beneficiaries.
        Additionally, Section 2(f) would allow any reimbursable funds
    provided under H.R. 6107 to serve as a non-federal source of funds for
    the purposes of any cost-sharing requirement for a federal grant.
    Reclamation believes that this language may lead to some confusion with
    water managers as funding made available under Section 9603 of the
    SECURE Water Act is intended to carry out extraordinary operations and
    maintenance work to ensure the structural safety of facilities. In
    contrast, Reclamation's grant programs have their own specific
    statutory requirements that may not be consistent with the requirements
    and goals of funding made available under Section 9603. In order to
    make use of the funding under this section as a non-federal match, the
    submitted project would need to be consistent with the requirements and
    goals of each program (e.g., repair of aging infrastructure as compared
    to new investments in water conservation). For example, Reclamation has
    provided funding for canal lining projects that were both deemed
    extraordinary maintenance, and eligible in part under the WaterSMART
    program. However, in most cases, canal lining projects funded under the
    WaterSMART project would include costs beyond the maintenance needs
    fundable under Section 9603. As such, if enacted as proposed, the
    amount of funding under the SECURE Water Act that could be applied as a
    non-federal match may be limited.
        As an agency, Reclamation works collaboratively with our partners
    to ensure the safe and exceptional stewardship of our aging and urban
    infrastructure. Reclamation recognizes the additional risk that canals
    can pose to populated areas and supports the intent of the bill.

                                     ______

                            Statement for the Record
                           Department of the Interior
         on H.R. 6127, the Modernizing Access to Our Public Waters Act

        The Department of the Interior (Department) appreciates the
    opportunity to provide this statement for the record on H.R. 6127, the
    Modernizing Access to Our Public Waters (MAPWaters) Act.
        The Department generally supports the goals of the bill to
    consolidate, standardize, and simplify information related to outdoor
    recreation on public waters. However, the Department has implementation
    concerns informed by experiences implementing the MAPLands Act (P.L.
    117-114) which serves as the model for the MAPWaters Act. In
    particular, the Department has concerns related to exclusion of certain
    Federal agencies with jurisdiction over public waters, potential
    overlap with existing mandates, and challenges regarding agencies'
    unique missions and mandates. The Department continues to review the
    text of the bill to fully understand the legislation's technical
    implications.
        Additionally, we believe the legislation would benefit from
    discussion with key stakeholders including other Federal agencies,
    State and local governments, Tribes, non-profits, private-sector
    groups, and members of our communities who must be included in any
    discussions about the future of recreation. The bill contains mandates
    for both the Department of the Interior and the U.S. Department of
    Agriculture (Agriculture), and as such we defer to Agriculture for
    perspectives unique to their agency mission. We would also like to help
    avoid implementation challenges whereby two land and water-management
    entities, but not others, are required to make changes in the
    information associated with managing Federal lands and waterways, which
    could result in unintended consequences and confusion.
    Section-by-Section Analysis

        Section 3 of the bill requires that within 30 months, the
    Secretaries of Agriculture and Interior jointly develop and adopt
    interagency standards among applicable Federal databases that handle
    geospatial data relating to public outdoor recreational use of Federal
    waterways and Federal fishing restrictions. The Department notes that
    each agency and/or bureau uses standards that have been developed in
    coordination with each entity's unique set of stakeholders and
    situations. Selecting a new format may result in unintended
    consequences that will require additional time and resources to work
    through. Also, non-conflicting State regulations are also adopted as
    Federal regulations beyond what are listed in 36 CFR 2.3. This could
    result in the Department being responsible for data from States that
    are modified frequently and are unique to specific water bodies. The
    Department recommends that any standards are coordinated through the
    Federal Geographic Data Committee, which is the lead entity in the
    executive branch for the development, implementation, and review of
    policies, practices, and standards relating to geospatial data. In
    addition, the Department would like to work with the bill sponsors to
    define the scope of the bill more clearly.
        Section 4 requires within four years to the extent practicable that
    the Secretaries of Agriculture and Interior shall digitize and make
    publicly available various data related to Federal waterway
    restrictions and Federal waterway access and navigation. The Department
    notes that the bill requests detailed information on many different
    areas including access points, restrictions, boat ramps, wake zones,
    and direction of various uses of watercraft. Given both man-made and
    natural changes, such as water levels, and ambulatory boundaries
    occurring in general and at specific locations, this is a very large
    undertaking that will likely require additional staff to implement. The
    Department would like to work with the bill sponsors to clarify what
    could be accomplished at the authorized funding level. Based on
    experiences implementing the MAPLands Act, the Department recommends
    extending this period to five years from four. In addition, the
    Department notes that digitizing and publishing some of this
    information is already required under the MAPLands Act and FLAIR Act.
    We would like to work with the bill sponsors to address duplication
    with existing mandates in this section.
        Section 5(b) states that the Secretaries may work with the Director
    of the United States Geological Survey to collect, aggregate, digitize,
    standardize, and publish data on behalf of the Secretaries to meet the
    requirements of this Act. The Department notes that the United States
    Geological Survey and the United States Fish and Wildlife Service shall
    provide interdepartmental leadership and coordination as the designated
    co-leads of the Office of Management and Budget Circular A-16 Waters-
    Inland Theme. The involvement of these bureaus for their advice and
    guidance on foundational geospatial datasets is critical for
    implementation plans. The Department notes that other Federal agencies
    that manage significant portions of Federal waterways, including the
    U.S. Army Corps of Engineers, the National Oceanic and Atmospheric
    Administration, the U.S. Coast Guard, and the Bureau of Indian Affairs,
    as well as Tribal governments, are not mentioned in this bill.
        Section 6 requires that the Secretaries of Agriculture and Interior
    submit an annual progress report through March 1, 2033, to the relevant
    Senate and House Committees. The Department would like to work with the
    bill sponsors to better understand what information should be provided
    in each annual update.
    Conclusion

        While the Department generally supports the intent of the bill, we
    would appreciate the opportunity to work with the bill sponsors to
    provide technical assistance to make sure the above concerns are
    addressed and lessons learned from previous implementation of similar
    bills are incorporated into our approach.

                                     ______

                            Statement for the Record
                             U.S. Geological Survey
                           Department of the Interior
                    on H.R. 5770, Water Data Improvement Act

        Chairman Bentz and Ranking Member Huffman, thank you for the
    opportunity to provide this statement on H.R. 5770, Water Data
    Improvement Act, a bill to reauthorize certain U.S. Geological Survey
    (USGS) water research activities through the SECURE Water Act (P.L.
    111-11, Title IX, Subtitle F of the Omnibus Public Land Management Act
    of 2009).
    Background

        Floods, droughts, and other extreme weather events present hazards
    for human lives and property. In the past five years, there have been
    29 floods, tropical cyclones, and droughts each causing more than $1
    billion in damages and altogether accounting for more than $390 billion
    in damages and nearly one thousand deaths. Climate change, growing
    populations in the drought-impacted western U.S., sea-level rise, and
    aging water infrastructure add to the pressures on limited water
    resources. For more than a century, USGS national water-monitoring
    networks have formed the backbone of observations on current conditions
    and trends in surface water and groundwater. These observations inform
    real-time decision making and long-term planning. USGS water data are
    fundamental to national and local economies, protection of life and
    property, and effective management of the Nation's water resources.
        The Federal Priority Streamgage (FPS) Network, previously known as
    the National Streamflow Information Program, was established in 1999 in
    response to Congressional concern about the decline in long-term
    streamflow monitoring across the Nation. The FPS Network is a core,
    federally funded network of streamgages that are designated to meet the
    priorities of the Nation. In 2009, FPS (as the National Streamflow
    Information Program) was included in Section 9507 of the SECURE Water
    Act (42 U.S.C. 10367). The current network design includes 4,760
    eligible sites that are strategically positioned across the country to
    address long-term Federal information needs. These needs include
    informing flood and drought forecasts, implementing interstate,
    international, and Tribal water compacts and decrees, and tracking
    trends in undisturbed watersheds. There are approximately active 3,500
    FPS sites. About one quarter of these sites are fully funded through
    USGS appropriations, the remainder through a combination of funding
    from the USGS and from partners such as the U.S. Army Corps of
    Engineers and the Bureau of Reclamation. USGS is in the process of
    updating the design of the FPS Network, using feedback from Federal
    agency partners, which will likely result in an increase in the number
    of eligible sites. This increase will likely be driven by an expanded
    list of flood-forecast locations identified by the National Oceanic and
    Atmospheric Administration (NOAA) National Weather Service since 1999
    and increasing demands for water information associated with population
    growth and extreme weather events and climate change.
        The National Groundwater Monitoring Network (NGWMN) was designed in
    2009 in response to passage of the SECURE Water Act. It is authorized
    as a collaborative groundwater network among intergovernmental agency
    data providers. Since initial appropriations were provided in 2015, the
    NGWMN provides access to water-level and/or water-quality data from
    nearly 20,000 groundwater wells that are supported by more than 45
    Federal, State, local, and Tribal agencies. As part of the NGWMN, the
    USGS supports 695 Climate Response Network groundwater monitoring wells
    which represent 292 of the 370 NOAA climate divisions in the
    continental U.S. These monitoring wells are supported by a combination
    of USGS and partner funding. The NGWMN serves as a critical measure of
    current and long-term groundwater conditions and provides groundwater-
    level data that are beneficial to Federal, State, and local agencies
    and other stakeholders who use the data to monitor for drought and
    drought recovery, issue permits for groundwater withdrawals, and
    establish triggers for water conservation and/or pumping reductions.
    The data from the NGWMN are also foundational for decisions regarding
    the sustainable management of groundwater supplies, which are the
    source of drinking water for more than 130 million Americans each day
    and provide more than 40% of the Nation's irrigation water.
    H.R. 5770, Water Data Improvement Act

        H.R. 5770 reauthorizes Section 9507 of the SECURE Water Act through
    Fiscal Year 2028. This includes authorities for the FPS Network, as
    well as the NGWMN. The USGS recommends additional amendments to Section
    9507 of the SECURE Water Act, which the USGS feels would significantly
    improve its authorities.
        At paragraph (a), we recommend that ``National Streamflow
    Information Program'' be updated with the current name of the system,
    ``Federal Priority Streamgages Network.'' At paragraph (a)(4)(A)(ii) we
    recommend adding ``precipitation'' in addition to ``water-quality'' as
    types of sensors to be included at FPS sites, because this was
    identified as the highest need from a 2022 Federal users survey. The
    USGS also recommends that ``temperature'' be added as an important
    aspect of water-quality monitoring, based on the same survey.
        Paragraph (a)(4)(B) indicates that each streamgage should conform
    with the National Streamflow Information Plan as reviewed by the
    National Research Council in 2004. The USGS recommends the reference to
    that report be replaced with the USGS report titled Re-Prioritization
    of the U.S. Geological Survey Federal Priority Streamgage Network, 2022
    (Open-file Report 2023-1032).\1\ This will reflect the most current
    design standards for USGS streamgages.
    ---------------------------------------------------------------------------
        \1\ pubs.usgs.gov/publication/ofr20231032
    ---------------------------------------------------------------------------
        At paragraph (b), authorizing the NGWMN, The USGS recommends adding
    Tribes as one of the entities with which the USGS can coordinate and
    partner.
        The USGS recommends that paragraph (c), authorizing a brackish
    groundwater assessment, be stricken. This work was completed in 2017
    with the publication of the report titled Brackish Groundwater in the
    United States (USGS Professional Paper 1833).\2\
    ---------------------------------------------------------------------------
        \2\ pubs.usgs.gov/publication/pp1833
    ---------------------------------------------------------------------------
        The USGS also notes that reauthorization of Section 9507 of the
    SECURE Water Act, including the authorities for improved technologies
    at paragraph (d), will support the latest USGS innovations in water
    research such as the Next Generation Water Observing System.
        The USGS appreciates Congressional interest in reauthorization of
    Section 9507 of the SECURE Water Act. The USGS notes that other USGS
    water-research activities are authorized at Section 9508 and should
    also be considered, as well as important authorities, throughout the
    SECURE Water Act, undertaken by the Bureau of Reclamation. The USGS
    would fully support H.R. 5770 with the recommendations provided here.
    The USGS would be happy, at your request, to provide briefings with our
    subject-matter experts on the water research undertaken through the
    SECURE Water Act authorities.

                                     ______

    Submission for the Record by Rep. Neguse

                         FY2024 USGS Streamgage Program

    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

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