[Senate Hearing 118-748]
[From the U.S. Government Publishing Office]
S. Hrg. 118-748
PERSPECTIVES ON ARMY CORPS OF
ENGINEERS PROJECTS IN SMALL RURAL
AND UNDERSERVED COMMUNITIES
=======================================================================
FIELD HEARING
before the
SUBCOMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
of the
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED EIGHTEENTH CONGRESS
SECOND SESSION
__________
February 15, 2024--Flagstaff, AZ
__________
Printed for the use of the Committee on Environment and Public Works
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
_______
U.S. GOVERNMENT PUBLISHING OFFICE
62-305 WASHINGTON : 2026
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ONE HUNDRED EIGHTEENTH CONGRESS
SECOND SESSION
THOMAS R. CARPER, Delaware, Chairman
SHELLEY MOORE CAPITO, West Virginia, Ranking Member
BENJAMIN L. CARDIN, Maryland KEVIN CRAMER, North Dakota
BERNARD SANDERS, Vermont CYNTHIA M. LUMMIS, Wyoming
SHELDON WHITEHOUSE, Rhode Island MARKWAYNE MULLIN, Oklahoma
JEFF MERKLEY, Oregon PETE RICKETTS, Nebraska
EDWARD J. MARKEY, Massachusetts JOHN BOOZMAN, Arkansas
DEBBIE STABENOW, Michigan ROGER WICKER, Mississippi
MARK KELLY, Arizona DAN SULLIVAN, Alaska
ALEX PADILLA, California LINDSEY O. GRAHAM, South Carolina
JOHN FETTERMAN, Pennsylvania
Courtney Taylor, Democratic Staff Director
Adam Tomlinson, Republican Staff Director
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Subcommittee on Transportation and Infrastructure
MARK KELLY, Arizona, Chairman
KEVIN CRAMER, North Dakota, Ranking Member
BENJAMIN L. CARDIN, Maryland CYNTHIA M. LUMMIS, Wyoming
BERNARD SANDERS, Vermont MARKWAYNE MULLIN, Oklahoma
JEFF MERKLEY, Oregon PETE RICKETTS, Nebraska
EDWARD J. MARKEY, Massachusetts JOHN BOOZMAN, Arkansas
DEBBIE STABENOW, Michigan ROGER WICKER, Mississippi
ALEX PADILLA, California LINDSEY O. GRAHAM, South Carolina
JOHN FETTERMAN, Pennsylvania SHELLEY MOORE CAPITO, West
THOMAS R. CARPER, Delaware (ex Virginia (ex officio)
officio)
C O N T E N T S
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Page
FEBRUARY 15, 2024
OPENING STATEMENT
Kelly, Hon. Mark, U.S. Senator from the State of Arizona......... 1
WITNESSES
Baker, Colonel Andrew, P.E., 64th Commander, Los Angeles
District, U.S. Army Corps of Engineers......................... 4
Prepared statement........................................... 7
Daggett, Hon. Becky, Mayor, City of Flagstaff.................... 19
Prepared statement........................................... 21
Yucupicio, Hon. Peter, Chairman, Pascua Yaqui Tribe Council...... 23
Prepared statement........................................... 25
Peshlakai, Alberto L., Supervisor, District II Supervisor, Navajo
County Board of Supervisor..................................... 31
Prepared statement........................................... 33
ADDITIONAL MATERIALS
Statement of Senator Thomas R. Carper............................ 41
Statement of Roberta "Birdie" Cano, Mayor of Winslow............. 43
PERSPECTIVES ON ARMY CORPS OF ENGINEERS PROJECTS IN SMALL RURAL AND
UNDERSERVED COMMUNITIES
----------
THURSDAY, FEBRUARY 15, 2024
U.S. Senate,
Committee on Environment and Public Works,
Subcommittee on Transportation and Infrastructure
Flagstaff, AZ.
The subcommittee met, pursuant to notice, at 10:30 a.m.
MST, in Flagstaff City Hall, 211 West Aspen Avenue, Flagstaff,
Arizona, 86001, Hon. Mark Kelly (chairman of the subcommittee)
presiding.
Present: Senator Kelly.
OPENING STATEMENT OF HON. MARK KELLY,
U.S. SENATOR FROM THE STATE OF ARIZONA
Senator Kelly. Welcome, everyone, to the first field
hearing of the Transportation and Infrastructure Subcommittee
for the 118th Congress, and the first field hearing the Senate
has held here in Flagstaff in more than 30 years.
I want to thank everybody who made this hearing possible,
including the committee staff, the staff here at the city of
Flagstaff, the staff of the Army Corps Los Angeles District,
and all of our witnesses.
I have had the honor of serving on the Senate Committee on
Environment and Public Works since I was sworn into the Senate
about 3 years ago. Last year, I was named chair of the
Transportation and Infrastructure Subcommittee. This
subcommittee is responsible for considering legislation and
conducting oversight on issues related to Federal
transportation and infrastructure programs, including
overseeing all the civil works projects carried out by the U.S.
Army Corps of Engineers.
Once every 2 years, my subcommittee negotiates and passes a
bill called the Water Infrastructure Development Act, or WRDA,
Water Resources Development Act, for short. In advance of
considering the next Water Infrastructure bill, I wanted to
make sure that this subcommittee left Washington, DC. and came
to Arizona to hear first-hand from local Army Corps officials
and community leaders about how the Corps is working to support
Arizona's water infrastructure.
As everyone here in Arizona knows, water is a critical
issue for our continued prosperity. We have a number of unique
water infrastructure needs here in Arizona, which I hope we
will learn more about at today's hearing.
As everyone knows, Arizona has been in a drought for the
last 20 years. This is the worst drought that this planet has
seen, this part of the planet has seen, for nearly 1,200 years.
Responding to these drought conditions requires an all-hands-
on-deck approach. That means that we need Federal agencies like
the Army Corps working in close partnership with State, local,
and tribal leaders.
I think at today's hearing, we are going to hear a lot of
success stories. I hope we do. For example, I championed the
creation of the Section I-95 Rural Arizona Water Infrastructure
program, along with my colleagues, Congressman Stanton. This
program helped small and underserved communities in Arizona
partner with the Army Corps to build drinking water, water
conservation, flood control, and wastewater infrastructure.
Programs like this are a great example of how the Army
Corps can make investments in Arizona that will respond to
long-term drought conditions. After we created this program,
the first recipient of funding was the Pascua Yaqui Tribe. I am
honored that the Chairman of the Pascua Yaqui Tribe, Peter
Yucupicio, is here today. Thank you, Mr. Chairman, for being
here. I look forward to hearing from him about the tribe's
water conservation project and their work with the Army Corps.
I also look forward to speaking with the District Commander
for the Army Corps Los Angeles District, Colonel Andrew Baker,
whose office has worked hard to make this new program a
success. Thank you for doing that.
The challenges posed by drought conditions do not just
impact our drinking water infrastructure. Prolonged drought
conditions here in northern Arizona have led to some of the
worst wildfire seasons in recent memory. The burn scars that
these fires leave behind, that when it rains during monsoon
season, parts of Flagstaff see significant flooding that
threatens lives and livelihood and damages property.
That is why I am glad to be joined here by Flagstaff Mayor
Becky Daggett, who will talk about how the city's partnership
with the Army Corps on the Rio de Flag project, and this
project is going to significantly reduce the flooding risk
through the central Flagstaff region. Thank you, Mayor, for
being here.
I am also glad that we are joined by Supervisor Alberto
Peshlakai to discuss Navajo County's partnership with the Army
Corps and the Winslow Levee project. I recall getting on the
phone with the Army Corps and the Office of Management and
Budget in December 2021, it was less than a month after the
Bipartisan Infrastructure Law had been signed into law, to
advocate that this Winslow Levee project get fully funded.
We were successful. In fact, the Winslow Levee was the
first project in all of Arizona that got funding from our
Infrastructure Law that we had spent months negotiating. Right
now, the entirety of the city of Winslow lies within a flood
plain. The Winslow Levee project will rebuild the flood control
infrastructure along the Little Colorado River and permanently
protect Winslow from flooding.
I am really looking forward to hearing from all of our
witnesses today about the importance of these projects. Making
sure that the next Water Infrastructure Bill gives the Army
Corps of Engineers the tools it needs to respond to the
challenges we are facing here in Arizona is a priority of mine.
That is why over the past few months I have been working on
legislation called the Drought Resilient Infrastructure Act
that gives new authorities to the Army Corps so that they can
take on more projects that help Arizona and the west respond
and adapt to drought conditions. I am planning to introduce
this bill when the Senate is next in session.
Making sure that the Army Corps has the tools that they
need to support Arizona communities is a priority of mine.
Today's hearing is an important step forward to making sure
that we are doing just that.
With that, I would like to start out and introduce our
witnesses. Before we begin with witness introductions, I want
to go over some logistics for this hearing today. This hearing
is going to be split into two separate panels, one made up by a
Federal witness, Colonel Baker, and the second made up by three
non-Federal witnesses. I will introduce the four witnesses
before recognizing Colonel Baker as our Federal witness for his
opening remarks and questions. When we are done with that, we
will bring up the three non-Federal witnesses.
Let me start by introducing Colonel Baker. Colonel Andrew
Baker is currently serving as the 64th Commander of the L.A.
District of the U.S. Army Corps of Engineers. In this role,
Colonel Baker leads more than 750 military and civilian
personnel in southern California, Arizona, Nevada, and Utah.
This means that Colonel Baker and his team are responsible
for all the Army Corps projects in Arizona. All these projects
that we are going to discuss today he is responsible for.
Before this assignment, Colonel Baker served as the Chief
of Operations for Joint Task Force Bravo at Soto Cano Air Base
in Honduras. Colonel Baker began his Army career at Fort Hood,
Texas, serving as a platoon leader and company executive
officer in the Eighth Engineer Battalion, First Cavalry
Division. Colonel Baker earned a bachelor's degree in civil
engineering at the U.S. Military Academy and holds master's
degrees from the National Defense University, the University of
Virginia and the Missouri University of Science and Technology.
Mayor Becky Daggett is the Mayor of Flagstaff, Arizona. She
was elected to the Flagstaff City Council in 2020, before being
elected Mayor 2 years later. Mayor Daggett has spent over 20
years protecting open space, enacting growth strategies,
supporting local businesses and strengthening support for the
arts and education throughout, not just here in Flagstaff, but
throughout northern Arizona.
Mayor Daggett holds a master's degree in sustainable
communities and a Bachelor of Science in public relations from
Northern Arizona University.
Supervisor Peshlakai serves as the Navajo County Supervisor
for District II. Supervisor Peshlakai served as the Tribal
Government Relations Director for Navajo County prior to being
elected to the Navajo County Board of Supervisors. He was
elected in November 2020.
Supervisor Peshlakai began working for Navajo County in
2008 as the Public Works Department Planning and Zoning
Secretary, then served as the Transportation Project Manager
for the Office of Public Works. Supervisor Peshlakai has been a
lifelong resident of Navajo County, residing in the Navajo
Nation community of Indian Wells.
Chairman Yucupicio is the Chairman of the Pascua Yaqui
Tribe, which is a federally recognized tribe with a reservation
southwest of Tucson, Arizona, with 22,000 members. The chairman
first ran for tribal council in 2000, and since then he has
served as treasurer, vice chairman, and now four terms as the
chairman of the tribe. The chairman is one of 12 children. He
attended Tucson High School and Pima Community College.
I also want to briefly acknowledge a few other elected
officials from Arizona who are joining us today. The Mayor of
Winslow, Roberta Cano, is in the audience. The Vice Mayor of
Flagstaff, Austin Aslan. Council members Miranda Sweet, Jim
McCarthy, and Deb Harris from the city of Flagstaff. Also
Flagstaff city council member Lori Matthews.
Council members Jim MacLean and Melissa Nelson from the
city of Winslow. Coconino County Supervisor Lena Fowler,
Coconino County Supervisor Patrice Horstman, and Navajo County
Supervisor Fern Benally.
Thank you to our witnesses for joining us today, and thank
you to everybody who showed up for this hearing. I am going to
start this hearing by recognizing Colonel Baker for 5 minutes
of opening remarks. Colonel Baker?
STATEMENT OF COLONEL ANDREW BAKER, P.E., 64TH COMMANDER, LOS
ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS
Colonel Baker. Chairman Kelly, I am honored to testify
before you today at this Arizona field hearing regarding U.S.
Army Corps of Engineers projects in small, rural, and
underserved communities in Arizona.
Through the Army Civil Works program, the Corps works with
other Federal agencies, tribal nations, State agencies, and
local governments, as well as non-governmental organizations,
to develop, manage, restore, and protect water resources,
primarily through the study, construction, and operation and
maintenance of water-related infrastructure projects.
The Corps is helping to advance the Administration's
environmental justice goals by working with Indian tribes and
other underserved and disadvantaged communities to help them
address their water resource challenges. One avenue has been
the Los Angeles District's work to deliver environmental
infrastructure projects to small, rural, and underserved
communities in Arizona through our Water Resources Development
Act Section 595 program.
The Corps has three main mission areas, which are flood and
storm damage reduction, commercial navigation, and aquatic
ecosystem restoration. Some Corps projects also provide
ancillary benefits, such as municipal and industrial water
supply or recreation.
I would like to highlight two specific flood risk
management projects in Arizona that illustrate how the work of
the Corps of Engineers can benefit small, rural, and
disadvantaged communities: the Rio de Flag at Flagstaff and
Little Colorado River at Winslow projects. These projects will
help the Cities of Flagstaff and Winslow manage their flood
risks.
I will also discuss the Pascua Yaqui waterline project near
Tucson, which is an environmental infrastructure project within
our larger 595 program.
The Rio de Flag project is a few steps from these Council
Chambers. This project will benefit the city of Flagstaff and
surrounding communities, to include underserved and
disadvantaged populations. This project includes flood channel
modifications, bridge enhancements, a detention basin, and
floodwalls that will substantially reduce flood risk.
Three features of this project are complete. The Los
Angeles District completed the Butler Tunnel and Clay Avenue
Wash. The city of Flagstaff completed the Thorpe Road Bridge.
Remaining features include additional channels and box culverts
designed to convey floodwaters away from the city. This is a
complex project that the city of Flagstaff is incorporating in
concert with other environmental infrastructure projects.
We expect to complete the initial phase of our design for
the next phase of this project, a reach that extends from Clay
Avenue Wash detention to Butler Tunnel in September 2024. This
project will require the city of Flagstaff to acquire certain
lands and easements and negotiate a construction maintenance
agreement between the City and Burlington Northern Sante Fe
Railroad.
The second effort I would like to highlight is the Little
Colorado River at Winslow flood risk management project. In
2006, due to the condition of a locally constructed levee on
the western bank of the Little Colorado River, FEMA decertified
this levee. This had a dramatic and immediate effect on an
already predominantly underserved and overburdened community,
causing property values within the flood plain to plummet and
stymying economic growth and development for the past 18 years.
In Fiscal Year 2022, Congress appropriated $2.5 billion in
Bipartisan Infrastructure Law funding for inland flood risk
management projects. Of that amount, the Department of the Army
allocated $65 million to this project.
I recently had the opportunity to visit the project area
with some of our partners here today along with other city of
Winslow and County officials. Being there and seeing firsthand
the impact that this project will have on the community is
astounding and I am honored to serve with the team that will
make it a reality.
The first items we will accomplish include an update to the
project topographic survey, a geotechnical survey, and we will
model the hydrologic and hydraulic conditions to refine project
design characteristics to prepare plans and specification. This
brings us one step closer to construction.
With respect to the Pascua Yaqui project, we executed a
Project Partnership Agreement with the Pascua Yaqui Tribe in
September 2021. This tribe has since completed their design,
received Federal reimbursement for this work, and expects to
award a contract for construction in fall 2024. This project
will allow the Tribe to reduce its dependence on water
currently imported from Tucson, reducing costs for an important
cultural hub within the community.
The estimated cost for this project is $1.9 million, which
includes a Federal cost share of $1.47 million. The project
will support the historically underserved tribal community.
The Pascua Yaqui project is an example of a section 595
project. WRDA 2022 amended WRDA 1999 Section 595 for
environmental infrastructure projects, increasing the
authorization of Arizona projects from $150 million to $200
million. This program can help underserved communities in
Arizona to improve efficiencies in water use and stewardship
and to reduce dependence on imported water.
The Corps and the L.A. District, specifically, is excited
and honored to be able to partner with the State of Arizona and
our local sponsors on these great projects.
Thank you, Chairman Kelly. This concludes my statement. I
appreciate the opportunity to testify today and look forward to
answering your questions.
[The prepared statement of Colonel Baker follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Kelly. Thank you, Colonel.
When I first started coming up to Flagstaff as a candidate
in 2019 is when I first learned about Rio de Flag. It has been
one of my top priorities to get this done. It has such an
impact on so many people. Colonel Baker, thank you for your
testimony and your leadership at the L.A. District.
I would like to take some time to go through each of these
projects we are focused on today, and then maybe discuss some
broader Corps projects and priorities in Arizona.
First, let's talk about Rio de Flag. I understand that you
are very close to being able to award a construction contract
and break ground on the project. I want to find out what are
the barriers that remain to beginning construction. In your
testimony you mentioned that you have to update the project
topographic survey, geotechnical survey, hydrologic and
hydraulic.
Do you expect any surprises in those? Does that relate to
when you could begin construction of Phase One?
Colonel Baker. Sir, we do not expect any surprises with
those two efforts. I will say that the two main aspects of the
project that need to be completed before we start construction
are, one is real eState related. This is related to the city of
Flagstaff's requirements to obtain real eState access or
ownership for all property that the contractor needs to access
during construction. Part of this is the negotiation and
execution of a construction and maintenance agreement between
BNSF, Burlington Northern Santa Fe, and the City.
The second part is any change to the plans and
specifications based on working through the real eState issue.
We had a great meeting on January 23d with all parties to
include BNSF, and talked about a way ahead for this. I
personally feel confident that these will not be an issue for
September delivery.
Senator Kelly. Any eminent domain issues, are you going to
have to take control over the property when individuals maybe
do not want to give it up? Is that part of the issue?
Colonel Baker. Sir, that remains to be seen.
Senator Kelly. Can you share a little bit about what the
schedule is going to look like once work begins?
Colonel Baker. Yes, sir. Once work begins, we expect the
first stage of construction to take about 4 years to finish. It
will be about 3 years of construction and then 1 year of a
warranty period.
The second stage of construction will start no later than
finishing the first stage of construction.
Senator Kelly. Stage two would begin potentially in about
2028? Is that a possibility?
Colonel Baker. Sir, I would say no later than 2028.
Senator Kelly. Then when do you expect the entire project
to be finished?
Colonel Baker. Sir, right now we do not have a good feel
for how long construction of phase two will take. I can consult
with my team and get back to you on that more accurately.
Senator Kelly. What is the difference between phase one and
phase two?
Colonel Baker. There are six total phases or segments of
construction. The first three phases are actually complete.
Phase one is the Clay Avenue Wash detention basin. Phase two is
the Butler Tunnel, and phase three is Thorpe Road Bridge. Phase
four, five and six remain to be constructed.
What we are calling stage one includes phase four and phase
six. It is a little bit confusing.
Senator Kelly. OK, stage one is phase four and six.
Colonel Baker. That is correct.
Senator Kelly. Everything before that is already done?
Colonel Baker. Everything before that is already done, yes,
sir, that is correct.
Senator Kelly. Once stage one is completed, what benefits
do we expect the city to see?
Colonel Baker. Sir, the total benefit will be available on
completion of both phases. However, there will be an immediate
benefit upon completely of phase one for the communities that
are adjacent to that part of the construction.
Senator Kelly. Is there a way to quantify how much more
water is Rio de Flag going to be able to handle in a flood? Is
the capacity going to go up by a certain percentage?
Colonel Baker. Sir, I can say that the flood risks of those
communities and businesses within the first phase will be
lower. I do not have a number. I can certainly consult with my
team and provide that for you.
Senator Kelly. That would be great if you can get back with
us, also for stage two and when the entire thing is complete.
What is the plan for bidding out the contracts on each
stage of the process? Is the plan to do a spec and then build
or a design and build with the same contractor?
Colonel Baker. Sir, I will answer the first question first.
We will put out a request for proposal. We will receive
proposals from firms that are interested in doing the work.
Then we will select a firm that meets or exceeds the
qualifications outlined in the contract. Also, a firm that will
deliver the project at the lowest price technically acceptable.
The design work on these two phases is nearing completion,
we have decided to use a design-bid-build approach as opposed
to a design-build approach.
Senator Kelly. Design-bid-build, so they will do the design
first, they will bid on the project, you will select, figure
out who is actually capable of doing the job, and then go with
the lowest bidder?
Colonel Baker. Yes, sir, that is correct.
Senator Kelly. Do you ever do best value to the government
as opposed to lowest bid within the Army Corps? Is that
something that is ever used in a bidding process? I am just
curious. I have flown on spacecraft that was built by the
lowest bidder. I am a little sensitive to that.
Colonel Baker. Yes, sir, I understand that, certainly. Also
as an individual who has jumped out of perfectly good aircraft,
you want to make sure those perfectly good aircraft are
perfectly good.
I can certainly provide more information on that. I do not
have the information to answer that directly.
Senator Kelly. In 2022, the city of Flagstaff received an
INFRA, Infrastructure for Rebuilding America, grant courtesy of
the Bipartisan Infrastructure Law for the Downtown Mile
transportation project. While this funding does not directly go
to the Rio de Flag project, can you share more about how this
funding for related city projects has enabled the entire
project to move forward?
Colonel Baker. Yes, sir. I believe the city can best answer
this. However, I am very aware that there are many projects
involved in the Downtown Mile that require a great bit of
synchronization in order to happen, to include our two. I
imagine it has helped quite a bit.
Senator Kelly. My understanding is that the coordination
with BNSF has been critical throughout the planning process for
Rio de Flag. What challenges has the Corps experienced when
dealing with the railroad? Do you have any unresolved issues
with BNSF?
Colonel Baker. Sir, we feel, at the current time, we have a
great partnership, both with the city of Flagstaff and with
BNSF on these efforts. I mentioned our January 23d meeting a
little bit earlier. We had an executive level personnel to
discuss the challenges that we have in front of us.
Really, the challenges at this point with BNSF are securing
the construction and maintenance agreement, which is tied
directly to the real eState issues we are working through.
However, we feel that we have a way ahead to get this complete
by September.
Senator Kelly. They have to move some of their
infrastructure in order to enable this. Could you describe what
that is?
Colonel Baker. Yes, sir. Really, at this point, the biggest
looming issue is allowing the contractor to gain access to
areas where the contractor needs to work. Some of these lands
belong to BNSF, others belong to private citizens and
businesses and such. That is the biggest issue.
With regard to the construction and maintenance agreement,
there are certain provisions within the agreements that the
Corps has to satisfy the contractor's means and methods of
doing business, such as operating within a specified distance
from a railroad track, these sorts of things.
At this point, it is just coming to an agreement on the
nuances of how to work around BNSF, I would say.
Senator Kelly. OK. You still have some of that we have to
resolve here before moving forward?
Colonel Baker. That is correct, sir.
Senator Kelly. Section 902 of WRDA in 1986 set a
requirement that the Army Corps, that any project where
construction costs exceeded their congressionally authorized
level by more than 25 percent would need to be reauthorized. I
have a couple 902 limit questions for you.
What does it mean when you hit that 902 limit, that 25
percent above the estimate? What does it mean to the Army
Corps? Is it likely that Rio de Flag will hit this 902 limit
any time here in the near future?
Colonel Baker. Sir, as you mentioned, the 902 limit is
basically calculated by inflating the authorized costs of
current dollars and adding another percentage. This amount
represents the 902 limit, which is a limit that the project's
cost cannot exceed, and is set by law.
Regarding the likelihood of Rio de Flag hitting the 902
limit, due to rising construction and real eState costs we
would say that there is a strong chance. We do not know for
sure whether it will, but there is a chance that it will exceed
the current 902 limit. This will require project
reauthorization for a larger amount.
Senator Kelly. If you see it coming and you expect it,
please let our office know. Then we are going to have to go
through and reauthorize whatever the additional amount is.
Let's stay in touch on that topic.
Colonel Baker. Yes, sir.
Senator Kelly. Now I want to turn to the Winslow Levee
project. As you know, we provided the Army Corps additional
funding in the Bipartisan Infrastructure Law to begin work on
this project. Since the Army Corps received funding in 2022 for
this and other types of projects, what steps have been taken to
begin work on the Winslow Levee?
Colonel Baker. Sir, we have done quite a bit. We are very
proud of our work that we are doing with our partners on this
project.
We signed a design agreement in July, 2023, and since then
we have used funds to initiate the preconstruction engineering
and design phase. There are several things that we have done in
this effort. We have completed the update to our project
management plan. USACE, United States Army Corps of Engineers,
has finalized the survey scope of work and provide this to
Winslow. They are going to award the prime contractor for this
survey work here sometime soon.
We have initiated the review plan. We have initiated
geotechnical drilling and basic program plan. We have initiated
the recertification of the project costs. That is on schedule
to send to our cost certification team in March.
Senator Kelly. How long do you think, so you do not expect
this all to be done, all that survey work, review plan,
geotechnical drilling, and the reevaluation of the costs done
by March, did you say?
Colonel Baker. No, sir, not the whole package. That was the
cost certification.
Senator Kelly. How long do you think the whole package is
going to take?
Colonel Baker. Sir, we expect the entire effort to take
between 2.5 and 3 years. We still have some big ticket items
remaining. We have our hydraulic and hydrologic modeling and
also culture and environmental coordination. All of these
efforts will feed the final plans and specifications of the
project.
Senator Kelly. Once all of that is done, that two and a
half years, which is essentially the pre-construction,
engineering and design phase, so maybe we would expect here
sometime in 2027, beginning of 2027, to start construction. How
long do you expect the construction to take?
Colonel Baker. Sir, right now our plan for that is for it
to take approximately 4 years from when we award the contract.
Senator Kelly. Then is this going to be a design-build or a
design-bid-build?
Colonel Baker. Sir, for this we are still really in the
process. We have some room to consider different acquisition
strategies, to include design-build, to include design-bid-
build. Yes, sir, we are evaluating design-build as an option to
possibly accelerate the project timeline and to maintain
budget.
Senator Kelly. Are there any opportunities to try to maybe
keep it under budget and get it done early because we are so
early in the design phase?
Colonel Baker. Sir, I can not speak to that specifically. I
can definitely engage my team on that one to give you a better
answer.
Senator Kelly. Yes, since we have time, it would be great
if we could come in under budget on some of these.
Obviously, as we have discussed here, the reason this is so
critical is that much of the city of Winslow and also portions
of the Navajo Nation lie within a flood plain. This means that
anyone who gets a mortgage is required to have flood insurance
on the property. It can mean thousands of dollars a year. In
some cases, the flood insurance payment for some homeowners is
more than their monthly mortgage payment.
Right now, we estimate about 4 years after we start
building, so we are looking at six and a half years from now
that these homeowners could expect their mortgage payments to
come down. That is a long time. I understand; we have to do
this right. We are trying to correct something that wasn't
construction right the first time.
It is important to get this right instead of getting it
early. Just be mindful that this is years of residents here
having these out of pocket costs that for many is really
putting a lot of stress on their budgets.
How have the BNSF issues for the Winslow Levee gone
compared to Rio de Flag?
Colonel Baker. Sir, I would say it is going well. With this
project, it is a crossing. Navajo County has already started
coordination with BNSF. They have completed a preliminary
engineering assessment. This is really going to help our
efforts going forward.
We at the Corps have begun working with our transportation
system center out of the Omaha District on this. We have, as an
enterprise, a lot of experience working with railroads and a
lot of experience working with BNSF specifically. We are
confident on the way ahead.
Senator Kelly. Do you know where their headquarters is,
what State?
Colonel Baker. Yes, sir, it is in Texas.
Senator Kelly. OK. The dreaded salt cedar, one of my
favorite topics. I understand a portion of this work is going
to be removing salt cedars along the bank of the Little
Colorado River. These salt cedars present a problem in so many
areas. It is not only in Arizona. I think New Mexico has issues
as well.
Could you explain for this project why it is so important
to remove salt cedars? How do you do it?
Colonel Baker. Yes, sir. Very simply, salt cedars are a
barrier to conveyance of flood waters. We need to remove then
by any means from the flood channel.
Senator Kelly. They slow the flow of water downstream?
Colonel Baker. That is correct, yes, sir.
Senator Kelly. Then in drought conditions, when we actually
need the water, they also consume a lot of water.
Colonel Baker. Yes, sir.
Senator Kelly. We have two reasons to kill them.
Colonel Baker. Yes, sir. The way we will go about this, we
will remove them via mechanized equipment, we will push them up
to create temporary stockpiles, and then load them in trucks
and take them to a site for offsite disposal.
Senator Kelly. In the method you use to remove them, do
they tend to grow back?
Colonel Baker. Sir, I know it is a very hardy plant. From
what I understand, the way to remove it is, you have to
completely remove it down to the root. There are some steps
that we are going to take in operations and maintenance to
assure that they do not come back, to the best of our ability.
Senator Kelly. I know there is a lot of research into other
methods that are not fully baked yet on how to do this.
Hopefully at some point that will be an option for you as well,
because it will be something that might be easier and more
effective.
The Federal share of this project was fully funded thanks
to the Bipartisan Infrastructure Law. Do you foresee any
additional funding being needed for the project?
Colonel Baker. Sir, at this time, no, but we are updating
our costs this summer. We will continue to do so every 2 years,
now that the project is funded. We will keep you informed as
soon as there is an indication that this might be the case.
Senator Kelly. Colonel, next I want to discuss the Rural
Arizona Water Program, also known as Section 595. WRDA 2022
secure an additional $200 million to carry out this program,
which is Section 595 of the 2022 WRDA. Colonel Baker, can you
explain how the Rural Arizona Water Program is different from
other projects that the Corps has carried out?
Colonel Baker. Yes, sir. The 595 program's primary
objective is to provide design and construction assistance to
non-Federal sponsor interests for carrying out water-related
environmental infrastructure and resource protection and
development projects. These projects include wastewater
treatment and related facilities, water supply and related
facilities, environmental restoration and surface water
protection and development.
Typical Corps projects undergo extensive and comprehensive
evaluation to determine if there is a Federal interest to
implement. They require specific project authority.
The 595 program allows local governments to evaluate the
benefits of a project, and if it complies with the program
requirements and funding is provided, we can build the project.
Also notable is the fact that these projects are done under a
75-25 percent Federal cost share.
Senator Kelly. Have you seen a lot of interest from
communities in Arizona for these?
Colonel Baker. Sir, we have seen a whole lot of interest.
We continue to receive letters and phone inquiries about the
projects. At our last tally, we have exactly 17 funded projects
as part of the 595 program in Arizona. We have signed two
agreements and we have three ready for signature in the next
few weeks, and one more that will happen in the next month.
Senator Kelly. How many of these have begun construction?
Any of them?
Colonel Baker. Sir, Pascua Yaqui Tribe will be our first.
We hope to word a contract this fall for that.
Senator Kelly. Great. We are going to talk a little about
that project later.
Can you describe the process that a local government here
in the State of Arizona that is interested in receiving Section
595 funding should follow?
Colonel Baker. Yes, sir. I would say the first step is to
contact the L.A. District Corps of Engineers. If an interested
party opens up a web browser and types in ``595 projects
Arizona,'' the first search term will be our website, which
describes what the 595 project is, who to contact, and it also
talks to a monthly open house that we hold, a virtual open
house.
Through contacting us, we can provide information on
whether or not the project meets criteria, and also help in
initial stages of gaining authorization for this project.
The next step is to submit an official letter of interest.
After that, we add the project to our list of potential
projects.
The final step is receiving the appropriation from
Congress. After that, we move ahead with our partnership
agreement. That normally takes about seven to 8 months to
execute.
Senator Kelly. From beginning to end, how long do you think
it should take if one gets approved and gets the necessary
funding to begin construction?
Colonel Baker. Sir, is your question to go to construction?
Senator Kelly. Yes, the timeline to get to construction.
Colonel Baker. Sir, it really depends on the projects. I
will tell you that we have become much more efficient in our
delivery of this, really just since we started. There are some
challenges that we were dealing with at the beginning of the
program, challenges kind of on both sides, on the sponsor side
and on our own side.
On the sponsor side, I would say many of the sponsors that
we were working with just did not have the experience of
working with the Corps and did not necessarily understand the
processes and procedures to get to an authorized project.
From our own side, when we started, we didn't necessarily
have the expertise to provide this to the prospective sponsors.
We have come quite a long way and we have built a lot of
momentum with each new project. We feel good about accelerating
this timeline.
Senator Kelly. Why do not we have the Chairman of the
Pascua Yaqui Tribe, Chairman Yucupicio, join us here. Actually,
give me a second. The Pascua Yaqui Tribe, can you give some
updates on that project specifically?
Colonel Baker. Yes, sir. This is a water line project. It
was our first 595 project in Arizona. We signed a PPA on this
in 2021. The design is complete, and we expect the Pascua Yaqui
to award construction for construction in the fall of 2024.
Senator Kelly. Do you have any lessons learned from working
with the tribe that you could apply to other projects?
Colonel Baker. Yes, sir, absolutely. As I mentioned, we
have had some challenges getting this program started. We built
a lot of momentum. I think misunderstanding the amount of time
that is involved in educating our own staff and the sponsors on
the requirements for the 595 program and successfully
negotiating many 595 agreements concurrently, it was an issue
at the beginning. As I mentioned, we have gained a lot of
momentum in delivering this program.
Senator Kelly. Please let my office know if there is
anything we can do to help you effectively implement the
program.
Finally, I want to talk a little bi about flood control.
Flood control curves was a topic of a hearing we had in
Washington. Can you explain what role the Army Corps plays in
setting flood control curves for certain federally regulated
reservoirs?
For the folks in the audience who are watching, the amount
of, we have to keep a lot of extra space in reservoirs in order
to accommodate floodwaters, so we do not get flooding, so
reservoirs do not overflow and flood communities. We have been
in this drought for 20 years, and those flood control curves
are rather old. We potentially need to update them.
Can you talk about the Army Corps' role here in flood
control curves?
Colonel Baker. Yes, sir. USACE is mandated to develop water
control plans for all federally funded built dams that were
purpose built for flood control. These include dams like
Painted Rock, Alamo, and Roosevelt here in Arizona.
Senator Kelly. Talk about what happens when water enters
into the flood control space.
Colonel Baker. Yes, sir. When water enters into the flood
control space, we work with downstream communities and water
districts to release the water whenever possible in a way to
maximize capture. Our first priority is flood risk management,
always. Very often, we are able to release it in a way that
maximizes capture.
Senator Kelly. How often are flood control curves updated
for any particular reservoir?
Colonel Baker. Sir, every 10 years at a minimum or when
there is a modification to the flood control structure.
Senator Kelly. When you do that, do you ever take into
consideration drought or water conservation conditions?
Colonel Baker. Sir, yes, we do. Water control plans, we
have to consider the impacts of drought and what else can be
done to support increased water conservation, if the project is
capable of providing such support. As I mentioned, flood risk
management is our No. 1 priority. The extent to which water
conservation, we do evaluate it, depends on the original
authorized purpose of the project and whether that includes
water conservation.
Senator Kelly. One example I think of note here is
Roosevelt Dam stores water for Phoenix, Phoenix metro area.
Last year, due to increased snow melt, which is good, we got a
lot of extra snow pack in the mountains, which is where the
water comes from to go into the Colorado River. That was a
really positive thing.
Last year, due to increased snow melt, which we wanted,
SRP, Salt River Project, had to release more than 300,000 acre-
feet of water unexpectedly out of Roosevelt Dam because it got
into the flood control space, and we have to make sure we do
not put Phoenix at risk.
That is a lot of water, 300,000 acre-feet. To put it in
perspective, we get about 2.8 million acre-feet from the
Colorado River every year. It is not all of Arizona's water,
but it is a lot of it. Three hundred thousand of it just had to
be released. This is water that could have been used for
drinking water but instead just flowed downriver. Eventually a
lot of it just ends up in Mexico, and we do not ever benefit
from it.
Colonel, I understand the Corps is working with SRP to
update the flood control manual for Roosevelt Dam. What can you
share about the work with SRP to get these curves updated?
Colonel Baker. Yes, sir, we are. Right now we are working
with SRP to process what is called a minor deviation request
through our South Pacific Division. This is one level up in the
chain of command. What this will allow us to do is to allow for
water encroachment, extra water in the flood control space late
in flood season, when the flood risk is low. Then gradually
drive down in order to allow for downstream communities and
water districts to catch it without compromising flood control
operations.
We will implement this from three to 5 years. During this
time we will gather data to best allow us to improve water
conservation without compromising flood risk management. We
will have the secondary benefit of providing additional
opportunities for water capture.
We will use this information to complete, to update the
water control manual. This is the testing phase for eventually
updating the water control manual.
Senator Kelly. When do you think the manual will be
finalized? What is your hope here?
Colonel Baker. Sir, normally, it takes about 3 years, and
this runs concurrently with the minor deviation. It could be
anywhere from, I would say from about three to 5 years.
Senator Kelly. Let me just say one thing I am hoping my
legislation will do, is to give you clear authority to take and
consider the drought conditions when we update the flood
control curves. If we can find ways to save drinking water,
make sure we are not wasting water in the wet years like we had
last year, this is going to help us have water for when we come
back to a drier year, which is actually what we expect this
year. Usually when we have a big snow pack in the Rockies, like
we did last year, historically the following year has been just
extra dry.
There is no real science behind that, this is the history.
Hopefully that will change here in the later part of February
and in March.
Now what I would like to do is bring up the second panel.
Thank you, Colonel. I really appreciate your testimony. Thank
you for making the trip, and thank you for all the hard work
you do for our western States that are suffering from a
climate-driven event that we have not seen in nearly 1,200
years. Thank you for your work in helping us.
Colonel Baker. It is my privilege. Thank you.
Senator Kelly. Thank you.
Mayor Daggett, Supervisor Peshlakai, and Mr. Chairman, why
do not you join us?
We will start with opening remarks for each of you. Mayor
Daggett?
STATEMENT OF HON. BECKY DAGGETT, MAYOR,
CITY OF FLAGSTAFF, ARIZONA
Ms. Daggett. Chairman Kelly, first and foremost, welcome
back to Flagstaff. We are proud to host you here at Flagstaff
City Hall once again.
We appreciate your service on the Senate Environment and
Public Works Committee and especially as the Chairman of the
Transportation and Infrastructure Subcommittee that has
jurisdiction over the Water Resources Development Act, which is
so important to our community and many others in Arizona.
We are also thankful to you for chairing this important
field hearing today to hear perspectives on Army Corps of
Engineers projects in small, rural, and underserved
communities.
We also want to thank Army Corps Regional Commander,
Colonel James Handura, and District Commander, Colonel Andy
Baker, for being here today. We have been working closely with
the Army Corps of Engineers since 2001 on the Rio de Flag Flood
Control Project and we continue to push to complete what will
be the most transformational infrastructure project in the
City's history.
Although it has been a long road to today, we are making
considerable progress and have passed many important
milestones. Three major project components have been
constructed to date, including a large detention basin on the
Clay Wash reach, a bridge structure in the upper reach, and a
large culvert under Butler Avenue. We are approaching final
plans and specs that will allow the project to be advertised
for bid.
We are working toward acquiring the real eState from
property owners and businesses to construct the project, and
BNSF Railway is also a large landowner in the project
footprint. We are engaged in complicated negotiations with the
railroad on several construction maintenance agreements for
project approval and property rights. Our goal is to have this
project out to bid in early 2025 and have shovels in the ground
by the spring of 2025.
We received the final $52 million of Federal funding for
construction in Fiscal Year 2020. Thus far, $84 million in
Federal funds have been committed to this project. To date, the
City has contributed $22 million as part of its cost share.
When this project is completed, it will have a
transformational effect on our town. First, it will remove over
half of our residents and over 1,500 structures from the flood
plain including Northern Arizona University and, yes, City Hall
where we are sitting right now.
Second, it will allow for the first time in many people's
lifetimes, including our former esteemed Mayor and your current
northern Arizona Director, Coral Evans, to make improvements to
their houses and businesses in the Southside neighborhood that
they have not been able to make in decades because of the
simple fact that they lie in the flood plain. Third, it will
eliminate costly flood insurance requirements for many
residents.
Finally, it will allow for more than $1 billion in economic
development that will be a boon for residents and visitors
alike. In short, this project will transform this great City.
Regarding this project, we have one final request. It is
our understanding that you have once again inserted a provision
in WRDA 2024 that will waive the 902 limit, or the maximum cost
cap, for this project. We ask that you fight for inclusion of
this provision as we may be bumping up against our limit due to
inflation and the high cost of materials and real eState
acquisition. Expediting this process greatly benefits these
projects that are overdue for delivery and can not afford any
additional delay.
I would also like to highlight another important Army Corps
program that you were instrumental in bringing to Arizona, the
Section 595 or Arizona Environmental Infrastructure program.
The City was one of the first in the State to send a letter of
interest to the Corps and be placed on the priority list for
this program.
In early 2021, we were awarded two 595 projects known as
the Downtown Flood Lateral Tunnel and W.F. Killip Elementary
School regional flood detention basin. We are excited to
announce that we have signed our first Project Partnership
Agreement with the Corps on January 23d for the Downtown
Lateral Project and we expect to sign the Killip Basin PPA,
power purchase agreement, very soon.
We ask that you work to increase the authorization for the
595 program to $400 million in WRDA 2024 to help communities
such as ours.
In conclusion, Mr. Chairman, we have a long and very
important relationship with the Army Corps of Engineers. We are
currently working with them on three important projects that
will benefit the City, the $122 million Rio de Flag Flood
Control Project, the $1.2 million Downtown Lateral Project and
the $1.5 million Killip Detention Basin Project. We value our
relationship with the Corps and they have been very responsive
to our needs.
Is everything perfect? Certainly not. We would like to move
these projects from inception to completion in a much more
expeditious manner. However, many of these projects, especially
the Rio de Flag, are very complex and complicated.
Despite these setbacks in our partnership with the Corps,
we have always been able to figure out a way to move city
projects forward together.
Senator Kelly, thank you again for holding this important
hearing in Flagstaff to discuss Army Corps projects. We thank
you for your leadership on this committee and the work you have
done in the U.S. Senate that benefits our amazing and diverse
community here in Flagstaff. I am happy to answer any questions
you may have.
[The prepared statement of Ms. Daggett follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Kelly. Thank you, Mayor.
We will now recognize Mr. Chairman for 5 minutes.
STATEMENT OF HON. PETER YUCUPICIO, CHAIRMAN, PASCUA YAQUI TRIBE
COUNCIL
Mr. Yucupicio. Thank you, members. I am honored to be here
with our humble tribe. We also thank the Mayor and the tribes
from the north and the other 22 tribes that live in the great
State of Arizona.
My name is Peter Yucupicio, and I am the Chairman of the
Pascua Yaqui Tribe. I am here to testify about our work with
the U.S. Army Corps of Engineers on our Water Resource
Development Act Section 595 environmental infrastructure
project. Thank you for this opportunity.
My tribe is a federally recognized tribe with a small
reservation near Tucson, Arizona. Even though we have been
around for a very long time, we were officially recognized in
1978. Today, we have more than 21,000 tribal members who live
on our reservation and in our tribally recognized communities
across Arizona.
Our main focus as a tribal government is providing housing,
public services, and economic opportunities. Our tribal
members, like many other tribes here in the west, has limited
access to potable water supplies. Our reservations do not have
any surface water and access to groundwater is extremely
limited.
Our tribe receives potable water service from our neighbor,
the city of Tucson through an intergovernmental agreement we
entered in 2011. Tucson caps the amount f water it delivers to
our reservation at 900 acre-feet per year. It is not enough
water.
With the development of much-needed housing for our tribal
members and other tribal facilities, we are on a course to
exceed our water delivery limit from Tucson in only a few
years. As a result, we are doing everything we can to manage
the water sources we currently have in the best way possible.
The Section 595 program is helping us do that.
As you know, the Pascua Yaqui Tribe was the first entity in
Arizona to receive 595 program funding from the Army Corps. We
are using this funding to construct a non-potable water line to
provide water to our tribal wellness center, and we will
irrigate our ballfields and public park. This encourages
healthy lifestyles for our tribal members.
Currently, our tribe is using potable water from the city
of Tucson to irrigate the wellness center and the it directly
reduces the amount of water we have available to meet our other
water needs on the reservation. However, once the water line
project is built, we will be using non-potable water for this
outdoor irrigation, and this will conserve about 50 acre-feet,
or 60 million gallons of potable water each year. Freeing up
this amount of potable water will allow us then to build
another maybe 375 homes on the reservation for our Yaqui
people.
The implementation of our 595 has not been without
challenges. We hope that by illuminating these, it will help
inform the committee and the Corps about improvements to the
595 program which will be helpful. The tribe recognizes that
administering the 595 program in Arizona is a new
responsibility for the Army Corps, and it has had to work on
developing the necessary administrative infrastructure and
facilitate the efficient and timely completion of the 595
projects.
We have had delays working with the Corps on our 595
project over the past few years, but we are happy to know that
Colonel Baker is working hard at the Los Angeles District to
establish the administrative foundation that is needed to move
these projects forward.
Currently, we are preparing our bid documents for
construction of the project, and we hope to break ground in
September of this year. However, inflation has significantly
increased our construction costs and our initial 595 funding
amount is now insufficient to complete the project. We will be
requesting additional funding from the Corps to hopefully help
us make up the cost difference.
We are also facing a challenge in securing the water
filtration systems we need to due to the war in Israel where
the systems are made. We also know that it will be difficult to
secure contractors who are already working on so many other
federally funded infrastructure projects. As a disadvantaged
community with a small 595 project, our tribe is
disproportionately affected when the challenges occur as they
drive up our overall project costs. This then reduces our
ability to deliver our important tribal environmental services
to our Yaqui people.
Given our experience in the 595 program over the past few
years, we have some observations and recommendations for
Congress and the Corps. My written testimony submitted for the
record has much more detail about these recommendations. Here
are a handful.
The Army Corps should keep working to improve its
administrative operations to be responsive to the needs of a
595 program guarantee in order to avoid long project delays.
For transparency, we recommend that the Corps provide regular
notices of funding opportunities on the grants.gov website so
that small and disadvantaged communities become more aware of
the programs.
No. 3, the 25 percent cost share requirements for Indian
tribes should be eliminated or at a minimum, the tribes should
be allowed to combine other sources of Federal funding to meet
the cost share requirement, such as the Bureau of Indian
Affairs and the Bureau of Reclamation.
No. 4, the overall charge by the Corps for each project
should be allowed to be reduced to the amount of funds
available for actual construction of the project. Our overhead
should be added on top of the actual project cost and should be
100 percent funded by the Corps in the 595 program. Otherwise,
small, rural disadvantaged communities will have difficulty
bearing these additional costs.
Those are some of the few, and we thank you very much. Many
blessings for your efforts in trying to help all our tribes and
all our towns and cities.
[The prepared statement of Mr. Yucupicio follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Kelly. Thank you, Mr. Chairman.
Supervisor Peshlakai?
STATEMENT OF SUPERVISOR ALBERTO L. PESHLAKAI, DISTRICT II
SUPERVISOR, NAVAJO COUNTY BOARD OF SUPERVISORS
Mr. Peshlakai. Good morning, Senator. I am Supervisor
Peshlakai, representing the Rural District II on the Navajo
County Board of Supervisors. On behalf of Navajo County, the
city of Winslow, and the State of Arizona I deeply appreciate
the opportunity to provide you and the subcommittee testimony
on the County's perspective as the non-Federal sponsor for the
Army Corps of Engineers' Lower Colorado River and Winslow flood
mitigation project, or the Winslow Levee project as it is known
in Navajo County.
While the Winslow Levee was constructed decades ago, the
critically important need to repair it dates to the mid-2000's.
The year 2008 was a defining year in the early life of the
project: the Federal Emergency Management Agency decertified
the levee, which financially impacted residents, businesses and
property owners in the area, more on that in a moment, and
Navajo County and the Army Corps of Engineers signed a
Feasibility Cost Share Agreement that initiated a 10 year-long
feasibility study which culminated in the recommended plan that
is moving ahead today.
Before providing an update on where the project stands, I
want to touch very briefly on the significance of this project
and its importance to the community of Winslow and the
northeastern region of the State of Arizona. First, locally,
once the levee is repaired and certified and accredited by
FEMA, residents will realize financial relief from the
approximately $15 million in costly flood insurance premiums
they have been forced to endure since the decertification of
the levee in 2008.
Relatedly, without this essential life safety
infrastructure project nearly every one of Winslow's homes,
businesses, schools and key services are in harm's way from
dangerous flood events.
Regionally, completion of the Winslow Levee project is a
key to unlocking economic growth in northeastern Arizona. The
area is primed for development and construction once the flood
mitigation concerns are greatly reduced, as I-40 and the BNSF
railroad provide robust transportation infrastructure
throughout the region.
You will find more specific project impact information in
your handout. Today, the project's technical pre-construction,
engineering, and design work is underway. A joint project
development team of our non-Federal and Army Corps partners has
been meeting regularly and reports that the initial survey,
topography, and geotechnical analysis is moving forward as
planned.
Relatedly, another team is working through a process that
will determine the most efficient acquisition strategy,
design--build and design-bid-build, for constructing the
project.
The Army Corps and Navajo County are acutely aware that the
project has received 100 percent Federal funding for design and
construction, and that expectations are high for delivering a
completed project expeditiously. While we understand the Corps
has its traditional chain of command processes and strict
public engineering requirements and the regulations to follow,
in every interaction we have had with the Los Angeles District
Command, both the County and the Corps have expressed a strong
commitment to meet or exceed those expectations.
I am confident that as the preliminary engineering design
and construction phases progresses, should significant project
challenges arise, our teams will work to solve them at the
level nearest the problem. Should that not be enough, my
expectation is that both sides will work in good faith to
escalate issues for quick a chain of command resolution, draw
on appropriate resources and expertise at the local, State and
Federal level, and collaborate with our State and Federal
congressional leadership as necessary.
With that, I will conclude my remarks and thank you again
for the opportunity to provide testimony to the Transportation
and Infrastructure Subcommittee on the Senate Committee on
Environment and Public Works as it relates to our essential
life safety infrastructure project in Winslow, and the
importance of optimizing our partnership with the Army Corps
which is so necessary for delivering a project that means so
much to the Winslow community and northeastern Arizona.
Thank you.
[The prepared statement of Mr. Peshlakai follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Kelly. Thank you.
Let me start with a few questions for Mayor Daggett, then I
am going to go to Chairman Yucupicio, then to Supervisor
Peshlakai.
Mayor Daggett, as you discussed in your testimony, the Rio
de Flag project has the potential to be transformative for
downtown Flagstaff. Can you explain how Rio de Flag will fit in
with other projects the city is working on, like the Downtown
Mile Project or the upgrades to the downtown transit center?
Ms. Daggett. Thank you, sir. The common element with these
community projects is the proximity to the main line of BNSF
and trying to alleviate the barrier that the rail corridor
poses for transportation, multimodal and flood control needs.
As our community has grown, packaging these projects together
has allowed us to leverage our Federal funding for grant
opportunities like the INFRA grant we were awarded for the
Downtown Mile in 2022. Thank you, Senator Kelly, for your
support in this grant application.
It also allows for a more streamlined process to design and
construct these projects together to reduce impact on BNSF and
Amtrak operations. Reconstruction of so many points across the
corridor enabled us to attract BNSF into a partnership so they
could also plan improvements of a third main line track during
construction, which incentivized them to become a substantial
funding partner.
When we started the Rio de Flag, that project stood on its
own in trying to get under the rail corridor and the financial
burden was too great on that single project. Spreading the
effort across so many beneficial community projects like the
Downtown Mile and the Lone Tree Overpass has really been the
key to our success in managing funding and the ultimate
delivery of the Rio.
Senator Kelly. As I said in the beginning of my statement,
Rio de Flag has been one of my highest priorities for northern
Arizona, for the Flagstaff area. Mayor, before I go to the
chairman, what are some things that Congress and my committee,
EPW, Environment and Public Works, in particular should know?
Is there anything else we should know about Rio de Flag? Are
there any ways that we can help you help the Army Corps make
sure this project is a success?
Ms. Daggett. Mr. Chair, thank you so much for that
question. We are often focused on engineering costs and
schedule. This is a project that is helping real families and
businesses, families that have been in our community for
generations and have always known flooding inside their homes.
With your support, we are very humbled that we get to do
something in our lifetime that makes these conditions better
for our community.
In terms of what you can do to make sure this project is a
success, 902 limit waiver support, 595 project program support,
and future grant funding support would be the three things we
would ask for.
Senator Kelly. I have one question about something you said
in your testimony. You said it will remove over half of our
residents and over 1,500 structures from the flood plain.
Depending on how you read that, is it half of the residents of
Flagstaff will no longer be in a flood plain. Are there other
half still in a flood plain or were they never in a flood
plain?
Ms. Daggett. Big, big, difference. I am looking for that in
my comments.
Senator Kelly. Does it help everybody who is currently in a
flood plain get out of a flood plain? I see some nods in the
audience.
Ms. Daggett. Along the Rio de Flag, the flood control
project, those residents that are in that project area.
Senator Kelly. Which is half of the residents of Flagstaff?
Sounds like it is.
Ms. Daggett. Christine, is that correct?
Senator Kelly. That is correct.
Ms. Daggett. Yes, sir.
Senator Kelly. Thank you. I wanted to see if we have more
work to do when this is done. It sounds like this is going to
go a long way toward fixing this flooding problem.
Ms. Daggett. Absolutely, sir.
Senator Kelly. Chairman Yucupicio, I want to start by
asking you about your work with the Army Corps on the Rural
Arizona Water Program, what you were talking about in your
statement. Can you explain how the project you are working on
with the Army Corps fits into the broader goals of water
conservation on tribal land, and how does it fit into broader
water conservation goals that we have here in Arizona?
Mr. Yucupicio. That is correct. I have lived in southern
Arizona all the way to Mexico. We have lived around the Santa
Cruz River Basin for a long time. We actually helped
Scottsdale, we were some of the tribes that helped build all
the canals and all that. We are pretty good at water harvesting
and moving water around, just like the other tribes.
Particularly in this project, the CAP water line is right
next to us. You can not access it because it belongs to CAP.
This will enable us to tap into that and water our wellness,
our fields, and stuff like that.
We are also looking at water conservation efforts as far as
gray water and utilizing that for other areas in residential.
What we are doing right now is we are sort of leasing water
from other tribes, then we also have an IGA with the city of
Tucson, to provide potable drinking water.
That would help cut the costs of that, which would then for
more than maybe 1,500 tribal members that are looking for
housing, it would allow us to build a few more houses to house
them in affordable housing. We have a few projects down the
road that we are looking at. We have two-thirds of all Yaqui
members living off the reservation. When they decide to come in
and live on the reservation, then we would be able to provide a
home for them.
For us, I think the average nationally is like 1.5 kids or
something like that, we are at about four. We are going to grow
no matter what. You have to start planning not only with BOR,
with the city of Tucson, with everybody, the drought
contingency plan, we go to those meetings and are aware of
priority waters and everything.
We are on board with trying to figure out how do we survive
and use as little water as we can that is potable and use other
water resources. That is where we are as a nation and as a
tribe.
Senator Kelly. In your testimony, you said the amount of 16
million gallons, I believe, of potable water will be saved
because now you will take non-potable water, use it for
irrigation, and will be able to save. That 16 million, which is
probably about on the order of maybe about 50 acre-feet or so a
year. That is a year. We can save that water, and if we wind up
in a more challenging situation, we will have that water
banked.
Mr. Yucupicio. One of the biggest epidemics that we have on
the Pascua Yaqui reservation, many tribes have the same that we
do, is diabetes. We created wellness centers so they can go and
check their glucose. We went to the Freestyle Libre now, that I
have, that monitors you. All this is to try to keep people
healthy.
The wellness problem, we have more than 1,200 kids playing
softball, baseball, and the whole effort is to try to keep them
moving and healthy and live longer. Instead of having like an
HMO and all that stuff, start early with them and start them
going on healthy living, healthy eating. There is also a
kitchen in that wellness center that shows them how to eat a
lot healthier and all that. All this is part of that whole
feeling of helping each other out.
We also have a lot of non-tribals that work for us. They
also use all our fields, our facilities, when we start looking
at gyms, basketball, everything. We also have the Boys and
Girls Club that is located there. This would enhance all of
that, and kids want to go there and exercise and be part of
something.
It is not just the way you are looking at, well, they are
going to water a field. No, it is not. It is all connected to
healthy living. The average Yaqui male lives about maybe 58
years, 60. That is it. Substance abuse, all kinds of other
things, alcoholism, everything. We are trying to extend that.
The women in our reservation live to about 15 to 20 years
longer than we do. They are doing something right. That is why
the women are always stronger than we are, guys, sorry about
that.
It is trying to keep the healthy family going. That is what
this would do.
Senator Kelly. My wife, Gabby Giffords, always says, strong
women get things done.
Mr. Yucupicio. Yes, sir.
Senator Kelly. Mr. Chairman, you noted, I wrote down four
different things I think we could focus on, certainly the Army
Corps can focus on advertising opportunities. That is easy.
Regular funding opportunities. We will looking into, for
tribes, you mentioned maybe eliminating the 25 percent cost
share. We can certainly take a look at that. Also allowing
parts of other Federal sources of money to be used,
intermingled, to be part of the 25 percent cost share.
We could take a look at it, can not give you any promises.
We will circle back with the committee and with my colleagues
in the Senate and see what we can do there.
My final questions are for Supervisor Peshlakai about the
Winslow Levee Project. We touched on this before. Can you give
a bit more of an explanation of how the decertification of the
existing levees that were protecting Winslow have harmed the
city of Winslow and surrounding communities? If you have any
stories about property owners and costs with flood insurance, I
would appreciate it if you could share them in our final time
here.
Mr. Peshlakai. Thank you, Senator. Yes, we have heard from
many homeowners and property owners who reside and do business
in the flood plain about the burdensome costs brought about by
the failing existing levee. Blighted homes are unable to be
renovated due to FEMA's 50-50 rule. Any renovations over 50
percent of the value and of the structure would be required to
be raised out of the flood plain.
This type of additional cost construction is cost
prohibitive to homeowners. In addition to that, many homeowners
are required to obtain flood insurance that nearly doubles
their existing mortgage. As I have touched on in my testimony,
these residents have endured approximately $15 million in
costly flood insurance premiums since the decertification of
the levee in 2008.
Senator Kelly. What percentage of, if you know, what
percentage of downtown Winslow is in a flood plain? Is it all
of it? If you are standing on any corner in Winslow, Arizona,
are you in a flood plain?
Mr. Peshlakai. Based on the meetings that I have been on
and commentary that was rendered, if you are standing on a
corner in Winslow, Arizona, about half of that would be in a
flood zone. I would consider over half of the city of Winslow
would be within that flood plain.
Senator Kelly. Parts of the Navajo Nation are also affected
by this Winslow Levee project. What benefits do you see the
Navajo community will have when this is completed?
Mr. Peshlakai. Thank you again, Senator. Yes, and
particularly, the Birdsprings Chapter outside of Winslow has
been historically affected by the flood events, especially when
the river overtops the roads, making them impassable into the
city of Winslow. With a rehabilitated levee system and flood
reduction benefits that go with it, tribal residents will have
a more dependable access to health services, emergency
services, groceries and other necessities.
In addition to that, considering the most recent, with the
visits that we had with the current Colonel and past Colonels
and other administrators and past congressional leaders, as a
result of the movement that this project has received, we were
able to coordinate with our department of emergency management
at the County to connect them with members of the Army Corps of
Engineers that they met back on May 18th and 19th of last year,
along with agency recommendations for short, medium, and long
term solutions for the community. That was also known as the
Arizona and Northwest Silver Jackets Coordinator, Mr. Stan, who
provided that technical assistance.
As a result of that, the Army Corps project with the Navajo
Nation Department of Water Resources and the Birdsprings are
developing an emergency action plan focusing on flood response
as a result of the movement of this project to help the Nation
on that part, too. That is additional commentary I would like
to add. Thank you.
Senator Kelly. Is it fair to say that this project has
helped you maybe change the way that you have worked with the
Army Corps and built a stronger relationship?
Mr. Peshlakai. Yes. We have maintained a strong partnership
with the Army Corps and continued communication is key with
that. Also invitation and staying up to date, especially with
meetings, virtually or onsite visits as well.
Senator Kelly. I think it is important that we point out
that Governor Hobbs and the Arizona State legislative has also
stepped in here to ensure that this project is completed. Is
that your sense?
Mr. Peshlakai. Yes, that is correct. We are so grateful for
Governor Hobbs and other members of the State legislature and
the city of Winslow for their proactive support in advocating
and lobbying to ensure that the funding we had received last
year helps fulfill that 100 percent contribution.
Senator Kelly. Thank you. This is a team effort, getting
all of this stuff done.
From any of the three of you, we only have about three or 4
minutes, and I have to close this hearing out. Is there
anything else you wanted to let us know that you didn't have an
opportunity to say? Mr. Chairman?
Mr. Yucupicio. Everybody is having flooding problems; so do
we. Our whole reservation sits on the 100-year flood plain,
along the Brawley Wash. There are many days that our children
cannot attend school or go to school. We are supposed to have
infrastructure and design of the south end of our reservation
with detention basins. We have never gotten there, or the right
amount of funding for anything.
The tapping into this water or not using potable water is
good. Also, we have a bunch of flooding that comes from the
Black Mountain of Tohono O'odham Nation, and it all floods into
our reservation. Every single year, you are talking about how
it drives up costs, well, because we live in the flood plain.
Construction costs are higher to build an average three-bedroom
home just to make sure it is not flooded when the rain starts,
the monsoons.
Senator Kelly. Mr. Chairman, let's work together on trying
to resolve that issue as well.
Mr. Yucupicio. Thank you.
Senator Kelly. Mayor?
Ms. Daggett. I would just like to point out that the Rio de
Flag is but one watershed that is being improved for post
wildfire flooding mitigation. In addition to the Spruce Wash
and the work that the county has done east of town in Doney
Park and all of these projects complement each other to provide
flood mitigation to many areas of our community that are
impacted or that could see future flooding, and spread the
benefit across the region.
That is to say, to express gratitude to our Federal
partners, our State partners, our county partners, for all of
this work to make these projects work well together and protect
our communities.
Senator Kelly. Thank you, Mayor.
Supervisor Peshlakai, anything else we need to know?
Mr. Peshlakai. Yes, Senator. First, I would like to extend
appreciation to you and other Members of the congressional
leadership at the Federal level as well as your staff, not only
your staff but other staffers, and with your predecessors as
well that have continued to support our efforts with the city
of Winslow. Also appreciation to the city of Winslow for their
continued advocacy and support for this project.
Again, thank you very much on behalf of the Navajo County
Board of Supervisors, the residents of Winslow as well as the
region as a whole. Thank you.
Senator Kelly. Thank you.
In closing, I would like to thank our witnesses for
appearing before us today and sharing their perspectives on the
Army Corps Water Management Authorities. I also want to thank
Colonel Baker as well. I want to thank my staff for all the
hard work they put into this, Joe Russell here, who knows these
issues much better than I do.
I want to say a special note of thanks to the staff here at
the city of Flagstaff for all of their assistance in making
today's hearing run smoothly. Thank you for that.
Before we adjourn, I have some official housekeeping I have
to do. I would like to ask unanimous consent to enter into the
hearing record two things: a statement by Senator Tom Carper,
Chairman of the Senate Committee on Environment and Public
Works, and a statement for the record from Mayor Roberta Cano
of the city of Winslow.
Without objection, those will be entered into the record.
[The referenced information follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Kelly. Senators will be allowed to submit written
questions for the record by February 29th, 2024, which is 2
weeks from today. If any questions are submitted, we will
compile those questions and send them to our witnesses, who we
will ask to reply by March 14th, 2024.
With that, noting the time at 12 noon exactly, that is the
former Navy attack pilot in me, the hearing is adjourned.
[Whereupon, at 12 p.m. MST, the hearing was adjourned.]
[all]