Legislative Hearing | Water, Wildlife and Fisheries Subcommittee

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 4F, any oral opening statements at hearings are limited to the Chairman and the Ranking Member. I therefore ask you to announce consent that all other members' opening statements be made part of the hearing record if they are submitted in accordance with Committee Rule 3.0. Without objection, so ordered. I also ask you to announce consent that 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 Degoose 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. 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 restriction on federal waterways. H.R. 5770, introduced by Congressman Degoose, 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. Their 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 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 bill's sponsors are recognized for 5 minutes each to discuss their bills. With us today are a number of congressmen, and we'll begin with Chairman Simpson. I thank Chairman Simpson for his testimony. Oh, actually, I recognize Chairman Simpson for his testimony, and you have 5 minutes. Chairman Simpson Thank you, Mr. Chairman. That's on? Yeah. Great. It's been a long time since I've been over here. I forgot my passport. I'm sorry I'm late. It's good to be with you, and thank you, Mr. Chairman Bentz and members of the subcommittee for consideration of this bill today. I'm 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 communities that have been built near these canals. A little later, you'll 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, and I encourage a favorable report of this bill. And I yield back. Thank you, Chairman Simpson, and thank you for visiting our humble little hearing room. So the chair now recognizes Congressman Blake Moore for 5 minutes. Also thank you, Chairman Bentz, Ranking Member Huffman as well, for the opportunity to join you today. It's always great to be back in such a productive environment here, natural resources, and 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 MAP Land Act with overwhelming bipartisan support. That law directed federal land management agencies to digitize and standard 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 MAP land 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 it would-be excursions actually needlessly difficult. No one wants to make this more difficult, and we have these barriers that exist. That was part of such success with Mapland last Congress and why we're trying to build on that. The Mapwaters 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 science, analytics research, and more. Thank you again, Chairman Bentz and Ranking Member Huffman, for holding this hearing, and I appreciate the opportunity to join you today, and I yield back. Thank you, Congressman. I now thank the members for their testimony. I'll now introduce our second panel, Mr. Mike Way, Administrator at Southwestern Power Administration in Tulsa, Oklahoma, Ms. Nikki Fuller, Executive Director with the Southwestern Power Resources Association in Tulsa, Oklahoma, Ms. Amy Shelcross, 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, Mr. Taylor Schmitz, Director of Government Relations with the Congressional Sportsman Foundation in Washington, D.C. Let me remind the witnesses that under committee rules, they must limit their oral statements to five minutes, but their entire statement will appear on the hearing record. To begin your testimony, please press the button on the microphone. We use timing lights. When you begin, the light will turn green. When you have one minute remaining, the light will turn yellow, and at the end of the five minutes, the light will turn red, and I'll ask you to please complete your statement. I will also allow all witnesses to testify before a member questioning, and before we get started, the microphones in this room are notoriously bad, so please get within one inch of them, otherwise I'll be consistently asking you to speak louder. I now recognize Mr. Way for five minutes. Mr. Way. 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 HR 4219 by your subcommittee. I am Mike Way, 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. Electric 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, 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 pertinent 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 know 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 members of the subcommittee may have. Thank you for your testimony. We are going to return now to Congressman Agoose, who will provide an opening statement and then will introduce his bill. 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 24 Interior, Environment and Related Agencies Appropriations Bill and, of course, the incoming threat of a potential government shutdown. With respect to the Fiscal Year 24 Interior, Environment and Related Agencies Appropriations Bill, I think it is important to note that that 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 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 really, 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 five years, and that includes the National Groundwater Resources Monitoring Network, the Federal Priority Streamage 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. 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 Land Subcommittee, of which I serve as a 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 Interior could not be here this morning. I also understand that they've submitted a statement that includes some of their thoughts and potential concerns, and so 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. So with that, I want to say thank you, Chairman, for the indulgence. And I'll yield back the balance of my time. Mr. Blumenauer. Thank you, Councilman Neguse. And I now recognize Chairman Sam Graves for 5 minutes. Mr. Graves. 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's 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's a very important distinction because it's 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's also some differences between building roads and bridges and marketing electricity. While our state's DOT can plan on highway trust fund formula dollars to be available for projects well into the future, there's 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're 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. It 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 Vance, for hosting this hearing today and for considering my legislation. Mr. Vance. Thank you, Mr. Chairman. And I now return to our witness panel. I recognize Ms. Fuller for 5 minutes. Ms. Fuller. Chairman Vance 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 Nikki Fuller, and I serve as the Executive Director of the Southwestern Power Resources Association, or SPRAW. SPRAW 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 interest 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 multipurpose U.S. Army Corps of Engineers dams, and SPRAW members then distribute this environmentally friendly, renewable, and reliable hydropower to its end users. SPRAW is fortunate to have a partner in Southwestern. Our mutual success must be attributed to the intentional transparency and collaboration between our organizations. SPRAW 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 SPRAW 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 prepaid 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. Core-owned dams in SPRAW's region do not have the storage capabilities to sustain a long-term drought. Despite varying water conditions, Southwestern has a contractual obligation to SPRAW'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 SPRAWs 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 and our nation's grid. Beginning in the 1990s, federal power customers noticed increased unscheduled outages at core hydropower plants. These outages were rising cost to SPRAW members due to purchase 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, SPRAW 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 HR-420, which is a new program, will 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 Sangreves. 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 Chair recognizes Ms. Shellcross for 5 minutes. Ms. Shellcross. Chairman Bents, Ranking Member Huffman, and members of the subcommittee, thank you for the opportunity to test 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 Stream Gauge 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 stream gauging program with letters of support to the House and Senate Appropriation 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 we're reading the Omnibus Public Land Manage 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. Oops, maybe not, because I'm 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 manors 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 stream gauge data are used to determine where to deploy life-saving emergency services. For instance, in early summer of 2006, the river forecast indicated widespread major flooding would occur in three 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 area of trend, potentially saving the lives of the residents. The recreation community also benefits from the stream gauging program. The ability to check river conditions in real-time allows people to make better decisions about activities on the river. People who canoed, 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 Agalala Aquifer serves eight communities, I'm sorry, 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. We 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 stream gauge programs for the management and use of the nation's water resources, to the benefit of all. Thank you. The Chair now recognizes Mr. Platt for five minutes. Thank you, Mr. Chairman. Chairman Bentz, Ranking Member Huffman, and Distinguished Members of the National Resources, Water, Wildlife, and Fisheries Subcommittee. I'd also like to thank at this time Congressman Simpson, Congressman Fulcher, Congressman Newhouse for sponsoring this bill. My name is Ron Platt, and today I represent the Boise Project Board of Control. As a director, I'm also chairman of the Long-Range Planning Committee for Boise Project and serve on the Wild Irrigation District Board. I'm 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 the 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 the New York Canal, making timely maintenance and upgrades important for safety of the urban residents and the environment. 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 six miles surrounded by the urban growth. Our partners and owners of the canal, the Bureau of Reclamation, and a 2021 asset inventory referred to this section of the canal as an area of significant risk. I believe that categorization by any agency admits the need for a new section of the canal 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 cost 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, water smart grant programs that have been a lifeline for water-related projects offering a federal cost share but 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'd stand for any questions. Thank you. The Chair now recognizes Mr. Schmitz for 5 minutes. 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 need to be places for sportsmen and women and others to recreate. Unfortunately, lack of access is often cited as the number one reason why 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 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 overarching 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 Chair recognizes Ms. Hagelman for five minutes. Ms. Hagelman. 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, producting 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 and the extraordinary maintenance provisions that are currently in law to prevent such disasters from happening? Chairman Bentz, Congressman Eggman, 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've 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's 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 we don't create the opportunity to have huge liability down the road. Well, I agree with that. I'm a water lawyer, and I've been practicing in Wyoming and Nebraska for many years, so understand the importance of the USPR infrastructure as well as the need to make sure we're 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? We have talked to them over all the way from the local level to the national level and Department of Interior. We've been going back and forth for a number of years, but we have discussed with them whether or not this is available. We would have to make these amendments in order to make that money available. So their position is that right now they're unable to use that money? Their position right now is that they question whether or not they have the authority to use that money. This would free that up. Shifting gears a bit, I'd like to ask Mr. Schmitz a few questions about H.R. 6127, the Mount 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'd 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? 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's 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's often not compatible with GPS or GIS technologies, making it difficult for the manufacturers to incorporate this information. So then how would this digitized information translate into a usable format for the average angler, boater, hunter, or visitor? Congresswoman, the simple answer is being able to have this information at your fingertips and in your palm when you're 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 nine feet or so where you're 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. Okay. Well, thank you. I appreciate that information, and I yield back. And I will invite other—I welcome people coming to Wyoming and recreating. Thank you. I'm happy you set the record straight regarding Wyoming. So the Chair recognizes himself for five minutes. I'm interested in Sheriff Simpson's question about the New York Canal and where the name came from, since I live over in Ontario and I've been driven by that canal many times, so perhaps you can put that burning question to rest. Congressman Bents, 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's 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. There's a—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 mean, I'm familiar with what happens when one of those canals fails. Do you, as an organization, purchase that insurance for that purpose? And would these investments drive down that cost for you? 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. So that's why we're trying to get this thing fixed, to limit that liability. 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 on you, is it not? For water rushing down the hill, you're liable. 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's going to happen. Sure don't. So, Ms. Fuller, the challenge for your organization in sending the money to Washington, D.C., was designed long ago, was it not? The idea was that you send the money to D.C., and we carefully check to see if you're spending it right, and then we give you authorization to keep spending. Was that the original concept? Yes, sir. That's 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. So would it be better that I ask your colleague the question about why we should be now comfortable with the fact that we just let you guys stack up the money and then spend it? I know there's got to be an oversight function, but perhaps you can explain it. Sure. I'll tackle it, and then I'm sure if I miss something, Mr. Way will let me know. Yes, sir. I think that that's 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're meeting all of the needs of not only their own organization, but the customers who pay the bill. And Chairman Bents, 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're very transparent with our budget. We've 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. Thank you. And you can tell from the dearth of folks asking 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. And 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'll 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 on Friday, November 17th. 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, Perigold Municipal Utilities in Arkansas, Sykestan 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. If there's no further business, without objection, the subcommittee stands adjourned.