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53–679 PDF 2009

PROPOSALS FOR A 

WATER RESOURCES 

DEVELOPMENT ACT OF 2010 

(111–77) 

HEARING 

BEFORE THE

SUBCOMMITTEE ON 

WATER RESOURCES AND ENVIRONMENT 

OF THE

COMMITTEE ON 

TRANSPORTATION AND 

INFRASTRUCTURE 

HOUSE OF REPRESENTATIVES 

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

November 18, 2009 

Printed for the use of the 

Committee on Transportation and Infrastructure 

( 

COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE 

JAMES L. OBERSTAR, Minnesota, Chairman 

NICK J. RAHALL, II, West Virginia, Vice 

Chair 

PETER A. DEFAZIO, Oregon 

JERRY F. COSTELLO, Illinois 

ELEANOR HOLMES NORTON, District of 

Columbia 

JERROLD NADLER, New York 

CORRINE BROWN, Florida 

BOB FILNER, California 

EDDIE BERNICE JOHNSON, Texas 

GENE TAYLOR, Mississippi 

ELIJAH E. CUMMINGS, Maryland 

LEONARD L. BOSWELL, Iowa 

TIM HOLDEN, Pennsylvania 

BRIAN BAIRD, Washington 

RICK LARSEN, Washington 

MICHAEL E. CAPUANO, Massachusetts 

TIMOTHY H. BISHOP, New York 

MICHAEL H. MICHAUD, Maine 

RUSS CARNAHAN, Missouri 

GRACE F. NAPOLITANO, California 

DANIEL LIPINSKI, Illinois 

MAZIE K. HIRONO, Hawaii 

JASON ALTMIRE, Pennsylvania 

TIMOTHY J. WALZ, Minnesota 

HEATH SHULER, North Carolina 

MICHAEL A. ARCURI, New York 

HARRY E. MITCHELL, Arizona 

CHRISTOPHER P. CARNEY, Pennsylvania 

JOHN J. HALL, New York 

STEVE KAGEN, Wisconsin 

STEVE COHEN, Tennessee 

LAURA A. RICHARDSON, California 

ALBIO SIRES, New Jersey 

DONNA F. EDWARDS, Maryland 

SOLOMON P. ORTIZ, Texas 

PHIL HARE, Illinois 

JOHN A. BOCCIERI, Ohio 

MARK H. SCHAUER, Michigan 

BETSY MARKEY, Colorado 

PARKER GRIFFITH, Alabama 

MICHAEL E. MCMAHON, New York 

THOMAS S. P. PERRIELLO, Virginia 

DINA TITUS, Nevada 

HARRY TEAGUE, New Mexico 

VACANCY 

JOHN L. MICA, Florida 

DON YOUNG, Alaska 

THOMAS E. PETRI, Wisconsin 

HOWARD COBLE, North Carolina 

JOHN J. DUNCAN, JR., Tennessee 

VERNON J. EHLERS, Michigan 

FRANK A. LOBIONDO, New Jersey 

JERRY MORAN, Kansas 

GARY G. MILLER, California 

HENRY E. BROWN, JR., South Carolina 

TIMOTHY V. JOHNSON, Illinois 

TODD RUSSELL PLATTS, Pennsylvania 

SAM GRAVES, Missouri 

BILL SHUSTER, Pennsylvania 

JOHN BOOZMAN, Arkansas 

SHELLEY MOORE CAPITO, West Virginia 

JIM GERLACH, Pennsylvania 

MARIO DIAZ-BALART, Florida 

CHARLES W. DENT, Pennsylvania 

CONNIE MACK, Florida 

LYNN A WESTMORELAND, Georgia 

JEAN SCHMIDT, Ohio 

CANDICE S. MILLER, Michigan 

MARY FALLIN, Oklahoma 

VERN BUCHANAN, Florida 

ROBERT E. LATTA, Ohio 

BRETT GUTHRIE, Kentucky 

ANH ‘‘JOSEPH’’ CAO, Louisiana 

AARON SCHOCK, Illinois 

PETE OLSON, Texas 

(II) 

SUBCOMMITTEE ON WATER RESOURCES AND ENVIRONMENT

EDDIE BERNICE JOHNSON, Texas, Chairwoman 

THOMAS S. P. PERRIELLO, Virginia 

JERRY F. COSTELLO, Illinois 

GENE TAYLOR, Mississippi 

BRIAN BAIRD, Washington 

TIMOTHY H. BISHOP, New York 

RUSS CARNAHAN, Missouri 

STEVE KAGEN, Wisconsin 

DONNA F. EDWARDS, Maryland Vice Chair 

SOLOMON P. ORTIZ, Texas 

PHIL HARE, Illinois 

DINA TITUS, Nevada 

HARRY TEAGUE, New Mexico 

ELEANOR HOLMES NORTON, District of 

Columbia 

MICHAEL E. CAPUANO, Massachusetts 

GRACE F. NAPOLITANO, California 

MAZIE K. HIRONO, Hawaii 

HARRY E. MITCHELL, Arizaon 

JOHN J. HALL, New York 

PARKER GRIFFITH, Alabama 

BOB FILNER, California 

CORRINE BROWN, Florida 

VACANCY 

JAMES L. OBERSTAR, Minnesota 

(Ex Officio) 

JOHN BOOZMAN, Arkansas 

DON YOUNG, Alaska 

JOHN J. DUNCAN, JR., Tennessee 

VERNON J. EHLERS, Michigan 

FRANK A. LOBIONDO, New Jersey 

GARY G. MILLER, California 

HENRY E. BROWN, JR., South Carolina 

TODD RUSSELL PLATTS, Pennsylvania 

BILL SHUSTER, Pennsylvania 

MARIO DIAZ-BALART, Florida 

CONNIE MACK, Florida 

LYNN A WESTMORELAND, Georgia 

CANDICE S. MILLER, Michigan 

ROBERT E. LATTA, Ohio 

ANH ‘‘JOSEPH’’ CAO, Louisiana 

PETE OLSON, Texas 

(III) 

(V) 

CONTENTS Page 

Summary of Subject Matter .................................................................................... vi 

TESTIMONY 

Boustany, Jr., Honorable Charles, a Representative in Congress from the 

State of Louisiana ................................................................................................ 6 

Klein, Honorable Ron, a Representative in Congress from the State of Florida 6 

Kosmas, Honorable Suzanne, a Representative in Congress from the State 

of Florida ............................................................................................................... 6 

Loebsack, Honorable Dave, a Representative in Congress from the State 

of Iowa ................................................................................................................... 6 

Melancon, Honorable Charlie, a Representative in Congress from the State 

of Louisiana .......................................................................................................... 6 

Scalise, Honorable Steve, a Representative in Congress from the State of 

Louisiana .............................................................................................................. 6 

Whitfield, Honorable Ed, a Representative in Congress from the State of 

Kentucky ............................................................................................................... 6 

PREPARED STATEMENTS SUBMITTED BY MEMBERS OF CONGRESS 

Bordallo, Hon. Madeleine Z., of Guam ................................................................... 23 

Carnahan, Hon. Russ, of Missour .......................................................................... 25 

Latta, Hon. Robert E., of Ohio ................................................................................ 26 

Stupak, Hon. Bart, of Missouri ............................................................................... 29 

PREPARED STATEMENTS SUBMITTED BY WITNESSES 

Boustany, Jr., Honorable Charles .......................................................................... 33 

Klein, Honorable Ron .............................................................................................. 35 

Kosmas, Honorable Suzanne .................................................................................. 36 

Loebsack, Honorable Dave ...................................................................................... 39 

Melancon, Honorable Charlie ................................................................................. 41 

Scalise, Honorable Steve ......................................................................................... 43 

SUBMISSION FOR THE RECORD 

Boustany, Jr., Honorable Charles, a Representative in Congress from the 

State of Louisiana, letter to Chairman Oberstar and Ranking Member 

Mica ....................................................................................................................... 11 

Kosmas, Honorable Suzanne, a Representative in Congress from the State 

of Florida, letter from Volusia County, Florida ................................................. 8 

vi 


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vii 


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viii 


Insert offset folio 3 here 53679.003
ix 


Insert offset folio 4 here 53679.004
x 


Insert offset folio 5 here 53679.005
(1) 

HEARING ON PROPOSALS FOR A WATER 

RESOURCES DEVELOPMENT ACT OF 2010 

Wednesday, November 18, 2009 

HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON WATER RESOURCES AND

ENVIRONMENT, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, Washington, DC. 

The Subcommittee met, pursuant to notice, at 2:00 p.m. in room 

2167, Rayburn House Office Building, the Honorable Eddie Bernice 

Johnson [Chairman of the Subcommittee], presiding. 

Present: Representatives Johnson, Boozman, Cao, Napolitano, 

Hare, Bishop, Edwards and Perriello. 

Ms. JOHNSON. Good afternoon. 

Today the Subcommittee continues its work on a Water Resources Development Act of 2010. Enactment of a new water resources bill to address the current needs of the Nation is a high 

priority of mine and I am certain of all our Committee Members. 

In the last Congress, the Committee was successful in moving a 

water resources bill that contained close to seven years’ worth of 

projects, studies, new authorizations and project modifications. 

There was such broad support for that legislation that Congress 

soundly overruled President Bush’s veto with what was only the 

107th veto override in history. It is now appropriate to develop legislation that will address needs that have arisen since enactment 

of that legislation. 

As of the date of the hearing, the Committee has begun accepting 

project requests from Members for consideration in the Water Resources Development Act. Every person that submits must submit 

something in their own districts. We can be very supportive of 

projects we know are needed, but it takes someone from that area 

to sponsor it. 

I look forward to working with Mr. Boozman, the Ranking Member, and continuing the cordial, bipartisan work of putting together 

a water resources bill. I have looked high and low and I cannot find 

any Democrat and Republican water nor roads. They do not go 

with a label, so we will not be going by a label here. 

As we saw with the Presidential veto override last Congress, 

water related infrastructure is not a partisan issue. These flood 

control, navigation, environmental restoration and other water related projects are far too important to our constituents, our local 

economies and the American peoples’ lives and livelihoods. 

This afternoon, we will receive testimony from distinguished 

Members of Congress regarding projects and policies for considerVerDate Aug 31 2005 17:19 Dec 21, 2010 Jkt 000000 PO 00000 Frm 00011 Fmt 6633 Sfmt 6633 P:\DOCS\53679.0 KAYLA
2 

ation in the upcoming Water Resources Development Act. Our intent today is to receive testimony and begin to gather information 

on individual project requests so that we can be in position to move 

a new bill next year. 

Given today’s economic circumstances, this is no small task, but 

with the growing need in opportunities to improve our water infrastructure and restore the environment, we must rise to the occasion and move forward without delay. It is my hope that unlike his 

predecessor, President Obama will join us in sweeping bipartisan 

support for continued investment in our Nation’s water related infrastructure that is to be included in the Water Resources Development Act of 2010. 

Ms. JOHNSON. I yield to my Ranking Member, Mr. Boozman, for 

his comments. 

Mr. BOOZMAN. Thank you, Madam Chair. We do appreciate your 

leadership and I totally agree with your statements about water 

being certainly nonpartisan. 

Today, the Subcommittee is meeting to hear testimony from 

Members of Congress regarding the request for a potential Water 

Resources Development Act of 2010. During the 110th Congress, 

the Subcommittee developed legislation authorizing Army Corps of 

Engineers’ projects, those enacted in November 2007. WRDA 2007 

was essentially catch-up legislation since most Members were only 

allowed to request projects that were included in previous WRDA 

efforts. 

The Subcommittee on Water Resources is now giving Members of 

Congress an opportunity to make new requests to the Committee. 

This legislation reaffirms our commitment to developing the Nation’s water resources by responding to the requests of Members of 

Congress related to projects in their districts and policy issues affecting the entire Army Corps of Engineers Civil Works Program. 

The Army Corps of Engineers is a very unique agency. Its military function began with the construction of the fortifications in 

preparation for the Battle of Bunker Hill in 1775. In the early 

parts of the 19th Century, Congress directed the Corps of Engineers to open the Nation’s waterways to commerce. 

From the beginning, the Corps of Engineers has been the only 

multi-dimensional and integrated Federal agency that supports 

economic and national security through its civilian and military 

functions. 

The current system works very well. With its integrated water 

resource missions including navigation and flood control, the Corps 

helps improve the Nation’s economy. Having a civil works mission 

in the U.S. Army also provides a ready-made team of experienced 

engineers, scientists and other professionals that we can call upon 

in times of national emergencies and threats. 

For example, the Corps has undertaken reconstruction efforts in 

Afghanistan, Iraq, the World Trade Center and elsewhere. The 

most effective and efficient way to maintain this capability in a 

state of readiness is by keeping the Corps within the Department 

of Defense so the functions and capabilities can contribute to both 

the military and civil works missions. 

The Water Resources Development Act provides authority for the 

Corps of Engineers to carry out its missions of navigation improveVerDate Aug 31 2005 17:19 Dec 21, 2010 Jkt 000000 PO 00000 Frm 00012 Fmt 6633 Sfmt 6633 P:\DOCS\53679.0 KAYLA
3 

ments at harbors and waterways, flood damage reduction in our 

communities and environmental restoration at our lakes, rivers 

and wetlands. These projects reduce transportation costs, they save 

lives, homes and businesses from the ravages of flood waters and 

improve the quality of life. These projects also provide jobs and 

stimulate the economy. 

Today’s hearing allows Members of Congress to explain the water 

resources needs of their districts and how this relates to the water 

resources needs of the Nation. I look forward to hearing from my 

colleagues. 

With that, I yield back, Madam Chair. 

Ms. JOHNSON. Thank you very much. 

The Chair now recognizes Mrs. Napolitano for remarks. 

Mrs. NAPOLITANO. Thank you so very much, Chairwoman Johnson and Ranking Member Boozman, for holding this hearing and 

for working towards WRDA which is an important opportunity for 

Congress to reassess the challenges our Nation faces with water 

use and water quality. 

There are many challenges in my own State. California is facing 

its third year of drought; farmers and residents are facing water 

rationing and water usage is causing environmental damage and 

disrupting the food chain. Legislation in California passed an $11.4 

billion water bond for next year’s ballot. Hopefully it will address 

the water supply, water treatment and environmental restoration, 

but I am glad our Subcommittee plans to address these challenges 

through WRDA. 

I urge the Committee to look towards recycling, reuse and desalination. We must make critical investments in underground storage, 

water replenishment and remediation of our aquifers and address 

the fact that climate change is forcing us to change our water habits and be less dependent on traditional water sources such as rivers and dams. 

Madam Chairwoman, there are four specific projects in my district for which I will be requesting inclusion in WRDA. They include Appamona City Ground Water Clean Up Project, $2.3 million 

to provide cleanup of perchlorate, VOCs and removal of 17 of the 

Chino Basin wells that pump to the city’s clean water reservoir. 

Due to the presence of this perchlorate, the city has stopped pumping out of nine of these wells resulting in loss of production of 

10,900 acre feet of potable water per year. 

The other one is Pico Rivera Water District. The city seeks an authorization of $7.5 million to provide greater reliability and improvement of quality within the water district system. It requires 

extensive rehab, replacement of several of the most critical elements including water transmission, distribution pipelines, water 

supply wells, treatment facilities and the key reservoir and pumping station facility. 

Another one would be the city’s water system Regional Inter-Tie Project, $250,000 to renovate inactive inter-ties and build new 

inter-ties which would enable the city to deliver or receive water 

with adjoining water systems. We are divided only by streets, we 

don’t have a great amount of land between us. 

The next one is Los Angeles County Flood Control District, the 

River Watershed Environmental Assessment and Restoration 

4 

Project for $50 million to prepare a feasibility study in addition to 

developing and constructing demonstration projects for ecosystem 

restoration, flood control, water quality control, water supply storage and outdoor recreation enhancement for the River Watershed. 

Using the watershed system approach, the study will provide detailed analysis of current state of the river and how it can be transformed into a valuable resource despite the urbanization of watersheds. 

Madam Chairman, thank you so very much for this hearing. I 

truly appreciate it and look forward to the opportunity to speak on 

behalf of the projects of my district. 

I yield back. 

Ms. JOHNSON. Thank you very much. 

Mr. Cao? 

Mr. CAO. Thank you, Madam Chair, and I would like to thank 

the Ranking Member for holding this important hearing today. I 

look forward to working with you and your staff on development of 

the Water Resources Development Act. 

WRDA is one of the most important pieces of legislation this 

Committee will tackle this year. It is important not only for the 

projects that will be authorized for the Army Corps of Engineers 

to study but also for the policy changes that will be implemented. 

As we have discussed at length in this Committee, the Army 

Corps of Engineers is a critical yet often assailed federal agency. 

They play an extremely important role in my district which includes Orleans and Jefferson Parishes of Louisiana. 

Hurricane Katrina revealed multiple flaws in the levees of my 

district. That resulted in one of the largest disasters in the history 

of the United States. As you know, my district has been waiting 

for over four years now for the Army Corps of Engineers to install 

storm protection mechanisms as mandated by Congress. 

In June 2006, temporary hydraulic pumps with gates were constructed at Lake Pontchartrain but these are not the most reliable 

mechanisms for storm protection to our communities. In June 2007, 

eye walls were replaced at the points of breech, the 17th Street 

Canal, Orleans Avenue and London Avenue. On June 15, 2006, 

$804 million was signed into law to implement 100 year storm protection. This was to be used for pumping stations at the 17th 

Street, Orleans Avenue and London Avenue Canals. Additionally, 

the supplemental spending authorized and funded fortifications of 

existing internal pumping stations system-wide. 

When the Army Corps of Engineers testified recently, I asked 

where is the additional storm protection, what is causing the 

delays, why has the Corps not started this construction and I have 

yet to receive the answers to these questions. We need action now. 

The project cannot be delayed any longer. 

Additionally, we need to have a reasonable understanding of the 

storm protection and flood control needs of my district. Our terrain 

and pumping systems are complicated, but they are sophisticated 

and the envy of many jurisdictions around the world. 

I am working with the Army Corps of Engineers as well as local 

officials and others to identify the projects which are of the greatest 

need and I look forward to discussing each of these projects further 

with you individually. This is an important effort and I look forVerDate Aug 31 2005 17:19 Dec 21, 2010 Jkt 000000 PO 00000 Frm 00014 Fmt 6633 Sfmt 6633 P:\DOCS\53679.0 KAYLA
5 

ward to our continuing collaboration to address the needs of my 

district as well as the other areas along the Gulf Coast. 

Thank you very much and I yield back my time. 

Ms. JOHNSON. Thank you very much. 

Mr. Hare? 

Mr. HARE. Thank you, Madam Chairwoman. I commend you and 

Ranking Member Boozman for holding this important hearing 

today. I want to commend you also for the sense of duty that you 

have in leading this Committee’s jurisdiction over the U.S. Army 

Corps of Engineers’ Civil Works Program. 

The Water Resources Development Act is a comprehensive water 

resources law that provides the U.S. Army Corps of Engineers with 

the authority to study water resource problems, construct projects 

and make major modifications to projects in its mission areas including flood and storm damage reduction, mitigation and ecosystem restoration. 

The last WRDA bill was passed in 2007 to address a backlog of 

project authorizations, modifications and studies since its previous 

authorization in 2000. I want to commend the Committee’s leadership for getting this bill signed into law, for overriding President 

Bush’s veto, making it the first Congressional override during 

President Bush’s Administration. Unfortunately, despite the hard 

work of this Committee, many of these critical projects that were 

authorized have not been appropriated and still await funds. 

I have seven locks in my district and 247 miles of the Mississippi 

River. I toured one of the locks in Quincy, Illinois and the lock 

master asked me to take my fist and hit one of the pillars. I did 

that and a piece of concrete the size of a football came out. He said, 

if you think this is bad, you should see the lock north of us. 

We meet here today to hear proposals for crafting the next 

WRDA bill. Although there are many important issues that we 

need to address to get our existing authorizations from WRDA 

2007 appropriated, such as fixing and funding the mechanisms of 

the Inland Waterway Trust Fund, we must meet the responsibility 

of addressing new water resource issues which have arisen in the 

past two years. 

As we all know, the current economic slowdown has caused the 

loss of many jobs and the down turn of many sectors. These factors, 

nonetheless, have caused many economists to call the current situation the worse economic crisis since the Great Depression. 

I am a firm believer that investment in infrastructure is an investment in our economy. In addition to a long term surface transportation authorization, WRDA projects, if appropriated, can and 

will provide crucial funds to strengthen the infrastructure and 

workforce of this country. It is now upon this Subcommittee to ensure that the next WRDA is crafted wisely and will meet the water 

resource demands of this country. 

I look forward to hearing from our distinguished witnesses. I 

would like to again thank you, Chairwoman Johnson and Ranking 

Member Boozman, for holding this important hearing. 

I would yield back the balance of my time. 

Ms. JOHNSON. Thank you very much. 

Mr. Bishop? 

Mr. BISHOP. Thank you, Madam Chair. 

6 

Thank you and Chairman Oberstar for your leadership and dedication to the development of the Water Resources and Development 

Act and I look forward to working with both of you to pass this 

much needed legislation. I am hopeful we can work with our 

friends in the other body to adopt this legislation in a timely manner and closer to our goal of a bi-annual bill. 

My district encompasses 300 miles of eastern Long Island’s coastline which includes some of the most popular and beautiful beaches 

in the country and waterways that I am very proud to represent. 

Maintaining our coastal resources is an important objective not 

only in my district but to the tourists and fishing economies of our 

States that rely on clean, navigable waterways. 

Long Island benefits from the good work that the Army Corps 

does for coastal communities by helping small towns deal with everything from erosion to longstanding environmental concerns. The 

Corps is currently working on several projects on eastern Long Island that will dredge inlets, study coastal health and restore damaged ecosystems. 

I am very pleased to see the Subcommittee consider several 

pieces of legislation including this new WRDA bill that will benefit 

Long Islanders and everyone who visits public beaches throughout 

the Country. 

I again thank you, Madam Chair, for your hard work on this 

issue and look forward to working with you and our colleagues to 

pass this legislation. 

I yield back. 

Ms. JOHNSON. Thank you very much. 

Before we proceed with our panel, I ask unanimous consent that 

the testimony of Congressman Bart Stupak and Congresswoman 

Madeline Bordallo be entered into the record. Without objection, so 

ordered. 

Ms. JOHNSON. In the tradition of this Committee, I will call on 

you in the order in which you arrived at the Committee. The first 

speaker will be Ms. Kosmas from Florida, second will be Mr. 

Boustany from Louisiana, third will be Mr. Dave Loebsack from 

Iowa, fourth is Mr. Charlie Melancon, fifth is Mr. Ron Klein, sixth 

is Mr. Steve Scalise and seventh is Mr. Ed Whitfield. You may 

begin. 

TESTIMONY OF THE HONORABLE SUZANNE KOSMAS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA; 

THE HONORABLE CHARLES BOUSTANY, JR., A REPRESENTATIVE IN CONGRESS FROM THE STATE OF LOUISIANA; THE 

HONORABLE DAVE LOEBSACK, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF IOWA; THE HONORABLE CHARLIE MELANCON, A REPRESENTATIVE IN CONGRESS FROM 

THE STATE OF LOUISIANA; THE HONORABLE RON KLEIN, A 

REPRESENTATIVE IN CONGRESS FROM THE STATE OF 

FLORIDA; THE HONORABLE STEVE SCALISE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF LOUISIANA; THE 

HONORABLE ED WHITFIELD, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF KENTUCKY 

Ms. KOSMAS. Thank you, Madam Chairman. 

7 

Chairwoman Johnson and Ranking Member Boozman, I would 

like to thank you for allowing me to have the opportunity to testify 

today about a project of great importance to my district, the construction of the South Jetty at the Ponce de Leon Inlet in Volusia 

County on the east coast of Central Florida. This project was the 

county’s number one funding priority for fiscal year 2010 appropriations and is also supported by a number of other users including commercial businesses in the county. 

This project was first approved for study by the Army Corps in 

1991. The study was completed in September 1999 and authorized 

in that year’s WRDA bill. The Corps study recommended construction of a 1,000 foot long seaward extension of the existing south 

jetty which is now buried under sand. 

The study and the authorization were achieved after many years 

of advocacy by the local congressional delegation in support of 

Volusia County’s continued efforts to achieve a more stable Ponce 

de Leon Inlet. Based on the 1998 prices, the funding level authorized was a total of $5.45 million for the project. All the necessary 

non-federal funds based on this funding level have already been secured by the county with the State of Florida and the Florida Inland Navigation District also contributed. 

The project has received federal funds in fiscal years 2005, 2006 

and 2008. Additionally, I helped to secure the final portion of the 

federal funds required by the original authorization in the Omnibus Appropriations Act, 2009 and in the fiscal year 2010 Energy 

and Water Development Appropriations Act which would have allowed construction to begin this year. 

Unfortunately, based on rising granite prices on another jetty 

project in Florida, inflation and a redesign to address concerns over 

surf conditions, the Army Corps revised its cost estimate this summer to $18.7 million. In order to comply with Section 902, maximum cost requirements, this revised cost estimate requires reauthorization of the project. Therefore, I am here today to ask you to 

consider including language to modify the original authorized funding level in the Water Resources Development Act of 2010. 

This request stems from a meeting I convened in August with 

Volusia County and with the Jacksonville District of the Army 

Corps, including the new district head, Colonel Pantano and the 

project manager. We met in order to establish an action plan to address the rising costs. 

At the meeting, all parties, including myself, agreed to pursue 

additional funding as well as investigate the possibilities of reducing costs by studying options such as mixing different material 

with the granite and constructing a shorter jetty. Even with a very 

tight budget, Volusia County committed to meeting the revised, 

non-federal cost share despite its quadrupling from $2.46 million to 

$8.15 million. Volusia County has maintained a fruitful partnership with the Jacksonville District. 

With your approval, I would like to submit a letter from the 

County stating its strong support for this project into the record. 

Ms. JOHNSON. Without objection. 

[The information follows:] 

8 


Insert offset folio 6 here 53679.006
9 

Ms. KOSMAS. Along with Volusia County, I believe we must complete this project. Otherwise the inlet will continue to be extremely 

dangerous for navigation including access to the nearby Coast 

Guard station. More specifically, this proposal will improve navigation and safety for commercial, recreational and Coast Guard boat 

traffic by moving the deep water channel from the north side to the 

center of the inlet. The inlet’s current instability allows for excessive shoaling, with sediment deposited in the mouth of the jetty. 

This has caused capsizing of numerous boats and even boat related 

deaths. 

The reduction of sediment deposition in the inlet and the Atlantic Intercoastal Waterway will also result in the accumulation of 

sand on the south-facing beaches which will lead to the reversal of 

current erosion patterns and will help to reduce the Federal recurring operations and maintenance costs associated with the inlet. 

Additionally, the County expects approximately 80 new jobs 

which are greatly needed in Central Florida would be created by 

this project. 

In conclusion, construction of the South Jetty extension will create a complete solution with the North Jetty by providing a safe 

and navigable inlet for boaters and protecting valuable beaches and 

surf conditions. 

Thank you again for allowing me to testify and I look forward to 

working with you to complete this vital project. 

Ms. JOHNSON. Thank you very much. 

Let me say that how much time you take has no bearing on your 

project. That is one of our unwritten rules. 

Mr. Boustany? 

Mr. BOUSTANY. Thank you, Chairwoman Johnson and Ranking 

Member Boozman. I really appreciate the opportunity to testify 

today. 

As a former Member of this Subcommittee charged with addressing critical water resources infrastructure, I am really pleased to 

return today to provide remarks regarding a very important issue. 

Madam Chair, I ask unanimous consent to put my full statement 

in the record. 

As we start work on the Water Resources Development Act, I am 

very concerned about the negative impacts on Federal ports and 

harbors that cannot be fully maintained with existing U.S. Army 

Corps of Engineers funding levels. Because most ports do not have 

naturally deep harbors, they must be regularly dredged and maintained to allow ships to move safely through Federal navigation 

channels. 

Madam Chair, I am seeking full access for our ports to annual 

revenues deposited into the Harbor Maintenance Trust Fund generated by the ad valorem Harbor Maintenance Tax for operations 

and maintenance dredging in the United States. In 2008, the Harbor Maintenance Tax collected more than $1.6 

billion from shippers for the purpose of funding dredging projects. 

However, only $766 million of dredging and related maintenance 

costs were reimbursed from the fund, whereas ports and harbors 

were unable to dredge to their authorized project dimensions. Our 

ports and harbors are the gateways to domestic and international 

trade connecting the United States to the world. 

10 

Responsible for moving more than 99 percent of the Country’s 

overseas cargo, U.S. ports and waterways handle more than 2.5 billion tons of domestic and international trade annually and that volume is projected to double within the next 15 years, particularly 

after the expansion of the Panama Canal. In 2007, there were $13.3 million port-related jobs, 9 percent of all jobs in the United States that account for $649 billion in personal income. A $1 billion increase in exports creates an estimated 

15,000 new jobs. There are many examples of dredging problems in 

ports and harbors across the Nation. In many cases, vessels must 

light load because of dredging shortfalls. The economic implications 

of light loading are enormous. A ship that is light loaded reduces 

its efficiencies in the same way that a commercial airline that is 

required to set aside seats with no passengers would quickly lose 

its efficiencies. 

America’s deep draft navigation system is at a crossroads. Our 

waterways’ ability to support the Nation’s continuing growth in 

trade and in the defense of our Nation hinges on much needed Federal attention to unresolved funding needs that are derailing critical channel maintenance and deep draft construction projects of 

the water highways to our ports. 

The Subcommittee should use this unique opportunity to make 

the changes that need to be made now so that future port dimensions affecting trade, jobs and our national defense will not be compromised. 

Madam Chair, in addition to my testimony, I also would like to 

submit to the record a copy of a bipartisan letter sent to Chairman 

Oberstar and Ranking Member Mica, which is signed by 53 Members from various parts of the Country in support of this proposal. 

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Mr. BOUSTANY. I would be glad to take questions. 

Thank you, Madam Chair. 

Ms. JOHNSON. Thank you very much. 

Mr. Loebsack? 

Mr. LOEBSACK. I want to thank Chairwoman Johnson, Ranking 

Member Boozman and distinguished Subcommittee Members for 

giving me the opportunity to speak to the merits of projects for inclusion in the upcoming Water Resources Development Act of 2010. 

I will be a bit briefer than I planned to be. Thank you, Chairman 

Johnson, for that suggestion. 

In my home State of Iowa, the importance of water infrastructure was brought to the forefront in December 2008. Many communities in Iowa experienced flood levels that exceeded the estimated 

500 year flood level just 15 years after the last 500 year flood of 

1993. 

My district was hit particularly hard by this flooding, especially 

the City of Cedar Rapids which suffered arguably the most damage 

of any city in the Midwest. The City of Cedar Rapids surrounds the 

Cedar River which reached a crest of 31.12 feet, 11 feet above the 

previous record set in 1929. Given this record crest, what flood protection that was in place in Cedar Rapids was breached resulting 

in widespread evacuations. 

There were over 7,000 properties, including over 5,000 residential properties, damaged or destroyed by the flooding causing literally billions of dollars of damage in this city and county alone. 

I want to thank my colleagues for working with me in the last 

Congress to pass two different disaster relief supplemental appropriations bills. While these funds have gone a long way toward our 

recovery, a critical piece remains for the City of Cedar Rapids and 

that is flood protection along the river. Cedar Rapids has already 

begun to take steps to address this need. 

Currently the city is in the process of implementing a hazard 

mitigation voluntary buy-out program to make way for future flood 

protection and prevention opportunities and to implement a collaborative neighborhood and downtown redevelopment plan which 

includes significant amounts of levee parks and greenway areas, removable and permanent flood walls, watershed management and 

land use and zoning changes. 

The city is working to coordinate their activities with the Army 

Corps of Engineers. A feasibility study was authorized in 2006 for 

a small area of the Cedar River prior to the 2008 flood. A cost 

share agreement was signed in May 2008, one month before the 

devastating flood. As a result, the study was expanded in May 2009 

to include the entire span of the Cedar River within the city limits 

to examine flood risk management options. This is the largest 

urban flood risk management study ever undertaken by the Rock 

Island Corps of Engineers. 

As of October, the study was approximately 45 percent complete. 

The Corps estimates a draft feasibility study will be ready in early 

2010 with the Chief’s report ready by the end of 2010. The $7.5 

million study has received around $3.85 million in Recovery Act 

funds, $2 million in local funds and appropriations in previous 

years through Congress. 

17 

The Corps is progressing at a rapid speed and is aiming to complete the study in a little over a year where similar Corps studies 

generally take three to five years. The flood risk management alternative that is being developed by the Corps will pose challenges 

for the community and the construction of a flood protection project 

will require close cooperation between Congress, the Corps and the 

City just as many flood protection projects in the past have required. 

Given the timing, critical nature and speed with which the Corps 

will complete the study, I look forward to working with the Subcommittee in the future to ensure an opportunity to pursue flood 

risk management options with participation from the Corps. 

Thank you today for allowing me to testify. 

Ms. JOHNSON. Thank you very much. 

Mr. Melancon? 

Mr. MELANCON. Thank you, Madam Chairman. I appreciate the 

opportunity to be before the Committee today. 

The Morganza to the Gulf Hurricane Protection Project is a 64- 

mile long system of levees, locks, flood gates, all in south Louisiana 

that when complete protect about 120,000 people and 1,700 square 

miles of land against deadly and destructive storm surges such as 

those caused by Hurricanes Katrina, Rita, Gustav, and Ike. 

Morganza would protect an area of the Country responsible for 

one-third of our Nation’s oil and natural gas production. Our coastal wetlands are a habitat for 30 percent of the sea food consumed 

in this country. Our communities are great places to live with some 

of the Nation’s most stable housing prices and lowest unemployment rate. It is the working coast of the United States. 

Morganza was first considered in the early 1990s when a reconnaissance study was completed to determine if providing hurricane 

protection to southeast Louisiana was in the federal interest. Ultimately, the study found that the contributions these communities 

make to our Nation’s energy security made it in the federal interest 

to protect this area from hurricanes and storm surge. 

While WRDA 2000 included an authorization for Morganza to the 

Gulf, it was contingent upon a Chief’s report being completed that 

year. The Corps of Engineers missed that deadline and progress on 

Morganza screeched to a halt. However, Morganza is so critical in 

protecting these communities from hurricanes, the locals passed a 

tax themselves to try and build part of the levee system on their 

own. Instead of standing idly by and waiting for the Federal Government to save them, the citizens of this area have been and still 

are taxing themselves at a rate of $6 million a year to protect this 

important area, not only for their livelihood and their property but 

for that of the country. 

The State of Louisiana has also committed significant resources 

to begin construction without Federal assistance, but they need the 

Federal Government to be a partner in this project and have anxiously followed the progress of WRDA for years, hoping for a full 

authorization for Morganza. 

In November 2007, WRDA overcame a presidential veto and authorized Morganza to the Gulf at $886.7 million, the cost estimate 

supplied by the Corps. In December of 2007, one month later, the 

Corps decided that the project would exceed its authorization level 

18 

by more than 20 percent and must be reevaluated. This is an unusual treatment for a project that has not received any post authorization of federal construction appropriations. 

To make matters worse, the Corps has essentially stopped all 

progress on this project while they completed a reanalysis due in 

December 2012. Engineering and design work that was funded and 

ongoing in 2006 again has been halted. 

This past spring of 2009, after reviewing for nearly a year and 

re-reviewing alternatives that were also part of the EIS alternative 

process for the Chief’s report, the Corps returned to its position of 

supporting the project alignment that was within the Chief’s report 

completed in August 2002. Seven years without hurricane protection and the Corps was right back where it started. 

It is inexcusable to me that the Corps has failed to move this 

project forward even after a long process of becoming authorized by 

this Committee. Worse yet, Federal dollars that could be better 

spent on construction are wasted on continuing studies for elements already studied and settled upon. As the Corps evaluates 

Morganza to the Gulf for the third time, keeping the clock running 

during their decades of analysis, my constituents remain exposed 

to the Gulf of Mexico and the deadly storms that continue to batter 

our coast. 

By delaying progress on Morganza, the Federal Government is 

turning a deaf ear to the 120,000 Americans in south Louisiana 

who currently have little or no defense against storms and are like 

sitting ducks in the path of the next killer hurricane. We are jeopardizing the energy security of our entire Nation at the same time. 

As we remember all too well from Hurricanes Katrina and Rita, 

shutting down the infrastructure in south Louisiana and in the 

Gulf of Mexico that supports oil and gas production has been a serious economic impact on this entire Nation. To address this, I plan 

to work with the Committee between now and December 3 to find 

a way forward to expedite construction of the Morganza Hurricane 

Protection Project. The time for delays and endless re-evaluations 

has passed. We must move forward whether it is by constructing 

elements that are ready to be built now or by finally building the 

entire system, a project that has already completed the NEPA process and is included in the Chief’s report. 

Morganza to the Gulf will provide critical hurricane protection to 

well over 100,000 Americans in south Louisiana, help prevent further loss of wetlands and increase our Nation’s energy security. We 

cannot afford to delay it any longer. 

I thank you for the time you have rendered me. 

Ms. JOHNSON. Thank you very much. 

Mr. Klein? 

Mr. KLEIN. Thank you, Chairwoman Johnson and Ranking Member Boozman for holding this important hearing and for your leadership working with Chairman Oberstar and Ranking Member 

Mica in pushing forward with a new Water Resources Development 

Act for 2010. 

As we all know, WRDA was originally designed to be a biannual 

bill. But during this decade, Congress fell off course and failed to 

pass a WRDA bill after 2000 until 2007. For seven years, critical 

19 

Army Corps projects and studies fell behind schedule due in part 

to Congressional inaction. 

Of particular concern to my constituents in Florida was the Comprehensive Everglades Restoration Project, otherwise known as 

CERP. Originally authorized in WRDA 2000, CERP represents the 

largest ecosystem restoration effort in the history of the United 

States working with the U.S. Army Corps of Engineers. 

Its purpose is to restore the historic water flow of Florida’s unparalleled Everglades ecosystem through a variety of component 

projects such as the creation of stormwater storage reservoirs, aquifer storage and recovery wells and stormwater treatment areas. 

As a State Senator in the Florida Legislature during this time 

and as one of the authors and co-sponsors of the Everglades Forever Act, which was our Florida legislative Act, I know that the 

Federal Government’s inaction was incredibly frustrating in light of 

the 50-50 agreement between State and local entities and the Federal Government. In our view, Florida was pouring billions of dollars into Everglades restoration while the Federal Government was 

failing to live up to its end of the bargain. 

That is why I want to commend this Committee for helping to 

fulfill the Federal Government’s commitment to Everglades restoration. Through your leadership in the last year, we made a significant step forward in Everglades restoration with WRDA 2007. 

With passage of the WRDA bill in this Congress, we continue our 

commitment by authorizing a new set of CERP projects. 

I want to highlight one important CERP project in my backyard 

known as the Broward Water Preserve Area Project which is located in central and southern Broward County and the northern 

Miami Dade County areas. The projects are designed to improve 

Everglades water quality by enhancing the buffer between residential development and protected Everglades wetlands, capture and 

divert stormwater runoff and reduce underground seepage. This 

project is shovel ready and ready to go. All construction plans and 

specifications are complete and all Federal, State and local permits 

have been issued. That is why it is critical that this project be included with your support in this new WRDA bill. 

I strongly urge this Committee to consider this project along with 

other Everglades projects that Members of the Florida delegation 

will be submitting, so we can continue our historic commitment to 

restoring the River of Grass and keep the unparalleled natural 

splendor a national treasure for generations to come. 

Thank you, Madam Chair and Ranking Member. 

I yield back my time. 

Ms. JOHNSON. Thank you very much. 

Mr. Scalise? 

Mr. SCALISE. Thank you, Chairwoman Johnson, Ranking Member Boozman and Members of the Subcommittee, for allowing me 

the opportunity to address you today. I appreciate the commitment 

by your Committee to move forward on this important legislation. 

I represent Louisiana’s 1st Congressional District which encompasses all or parts of six parishes in the greater New Orleans area, 

including Jefferson, Orleans, St. Charles, St. Tammany, 

Tangipahoa and Washington Parishes. 

20 

Southeast Louisiana has faced many challenges since the destruction caused by Hurricane Katrina’s storm surge and the failure of the Federal levees in New Orleans. While major investments 

have been made to the infrastructure in our region—I thank this 

Subcommittee for your work on the 2007 WRDA bill—much of the 

region remains completely unprotected from hurricane storm surge 

and the Corps continues to ignore their own reports that have identified the best options for pursuing the strongest level of protection 

for the people and also the national assets in southeast Louisiana. 

To illustrate this point, I would like to offer a few examples and 

would like to ask unanimous consent to submit a more detailed 

statement for the record. 

Mr. SCALISE. The Corps told our delegation that the Category 5 

Report, titled Louisiana Coastal Protection and Restoration Study, 

will be released this December. Not only is this report long past 

due but when it is finally released, we are being told it will not include specific project recommendations for this Committee and this 

Congress to move forward on. 

While the report will not list specific project recommendations as 

intended by Congress when it was authorized, one key alternative 

that should be presented in the report provides an option for a 

Lake Pontchartrain barrier plan which would provide storm surge 

protection to residents on both the north and south shores of Lake 

Pontchartrain. 

It is critical to note here that this project would provide much 

needed protection to St. Tammany Parish on the north shore which 

currently has no protection whatsoever from hurricane storm surge 

entering Lake Pontchartrain. 

In the wake of Hurricane Betsy over 40 years ago, Congress authorized a similar hurricane protection project that proposed locks 

at Chef Menteur Pass and the Rigolets to prevent storm surge from 

entering the Lake. Barriers in these locations which would protect 

both the north and south shores of the Lake could have prevented 

the massive breeches in the federal levees that left much of my district and the City of New Orleans inundated. 

We must revisit the feasibility of building storm surge barriers 

at the Rigolets and Chef Pass to provide the strongest level of protection to the people and businesses on both the north and south 

shores of Lake Pontchartrain. 

While the project I just described was halted not by the Corps 

but by outside radical environmental groups in the 1970s, we continue to wrangle with the Corps on various projects in my region 

at both the study level and construction level. For example, despite 

congressional intent and direction to modify the three outfall canals in Jefferson and Orleans Parishes, the Corps continues to proceed with a plan called Option 1 which does not provide the best 

level of hurricane protection for the people in these parishes. 

The Corps has noted in its own report to Congress that two different plans called Options 2 and 2A are more reliable options for 

hurricane and flood protection. There are also a number of projects 

in addition to this in which the Corps continues to delay critical reports and studies that were authorized by Congress. 

As we work towards this next WRDA bill, I look forward to working with you all to expedite these studies and reports, address critVerDate Aug 31 2005 17:19 Dec 21, 2010 Jkt 000000 PO 00000 Frm 00030 Fmt 6602 Sfmt 6602 P:\DOCS\53679.0 KAYLA
21 

ical cost sharing issues and improve and secure our Nation’s key 

federal navigable waterways in south Louisiana. 

One final thing I would like to note is the importance to our 

Country of coastal protection and restoration. A crucial component 

of comprehensive hurricane protection includes rebuilding and restoring our coastline. Coastal erosion in Louisiana has reached catastrophic levels. Louisiana loses approximately 24 square miles of 

coastal wetlands each year. Not only are our wetlands important 

to Louisiana and the Gulf Coast, but these wetlands also protect 

infrastructure of national significance. 

Five of the largest ports in the United States are located in south 

Louisiana. About one-third of all oil and gas production comes 

across the coast of Louisiana and we provide 26 percent of the commercial fish landings in the lower 48 States. In 2006, Louisiana 

voters overwhelmingly approved a constitutional amendment to 

dedicate the State share of offshore oil and gas revenues to hurricane protection and coastal restoration projects. Our State has 

made this commitment but in order to protect these invaluable national resources, the Federal Government must join us in our efforts to make meaningful investments in coastal restoration. 

I look forward to working with your Committee on these projects 

as a WRDA bill is drafted for 2010. Again, I appreciate the opportunity to speak before the Committee today. 

Thank you, Madam Chair. 

Ms. JOHNSON. Thank you very much. 

Mr. Whitfield. 

Mr. WHITFIELD. Chairwoman Johnson and Ranking Member 

Boozman and other Members of the Committee, I want to thank 

you for your patience and giving us an opportunity to talk about 

some problems in our districts. 

On January 22, 2007, almost three years ago, I was startled to 

hear from the Nashville District Office of the Army Corps of Engineers that Wolf Creek Dam, located on the Cumberland River in 

my district, was at high risk for failure. As a matter of fact, the 

Corps, at that time, placed the rehabilitation of this dam as one of 

its top five national priorities. 

The Corps said at that time that if this dam failed, it would result in loss of life, flooding all the way to Nashville, Tennessee, 

which was about 100 miles away, and billions of dollars in private 

property damage. 

In order to immediately address the problem and remove the possibility of failure, the Corps directed the lowering of the pool level 

from 723 feet in the summer and 690 feet in the winter immediately to 680 feet. This has had three impacts on the community. 

First of all, Congressman Hal Rodgers and I, working with the 

Governor and others, were instructed we need to get warning sirens because the threat of dam failure is so immediate that it was 

imperative the people be notified if it happened. We were successful in doing that. 

The second thing that happened was this is a huge recreation 

area and in the summer, the pool levels were so low to keep pressure off the dam that many businesses in the area went out of 

business and there were many bankruptcies through no fault of 

22 

their own, because they had nothing to do with the safety of this 

dam. 

The third thing that has occurred is that now it is my understanding that the Corps of Engineers has said that the rehabilitation and the money spent on this dam is not safety related which 

was totally unbelievable to us in the area because even the national Corps of Engineers office has said this has always been a 

safety issue. 

The reason it is important to determine if it is safety related or 

not is because of the way it is going to be paid for under Section 

1203 of the Water Resources Development Act of 1986. If it is determined not to be a safety issue, then the electric rates for everyone in that area will be increased by 46 percent at a time when 

we have high unemployment, we have many people without jobs 

and we have many businesses that literally went bankrupt through 

no fault of their own. 

I would simply ask the Committee respectfully as you move forward on this legislation that we be given an opportunity to work 

with you to do everything that we possibly can to make sure these 

electric rates are not increased because the Corps, in a capricious 

manner in my view, has determined now at the national level that 

this is not a safety issue which is unbelievable because all along 

it was made very clear to us that it was in imminent danger of 

breaking, lives were threatened, property damage was threatened 

and it was an emergency issue. 

I want to thank you for giving me the opportunity to testify and 

I look forward to working with you on this issue as well as the 

issue affecting those people who went bankrupt. 

Thank you. 

Ms. JOHNSON. Thank you very much. 

Thanks to all of you for coming and presenting your needs. 

Thanks to the Members of the Committee for coming and listening. We all working together will do the best we can to address all 

of the important issues. 

The Committee is adjourned. 

[Whereupon, at 2:50 p.m., the Subcommittee was adjourned.] 

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