[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
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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
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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''
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Tuesday, November 14, 2023
U.S. House of Representatives
Subcommittee on Water, Wildlife and Fisheries
Committee on Natural Resources
Washington, DC
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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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