[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.
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    \1\ pubs.usgs.gov/publication/ofr20231032
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    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\
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    \2\ pubs.usgs.gov/publication/pp1833
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    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

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