Legislative Hearing on Yosemite, Golden Mussel, Water Rights, Manatees and GATOR

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 for today's hearing. Without objection, the chair is authorized to declare a recess of the subcommittee at any time. Under committee rule four F, any oral opening statements at hearings are limited to the chair and the ranking member. I therefore ask unanimous consent that all other members' opening statements to be made part of the hearing record if they are submitted in accordance with committee rule three O. Without objection, so ordered. I also ask unanimous consent that the congressman from California, Mister Calvert, the congressman from California, Mister Issa, the congressman from Florida, Mister Stubbe, the Congressman from Florida, Mister Donalds, the Congresswoman from New Mexico, Miss Leisure Fernandez, and the Congressman from California, Mister Harder, be allowed to participate in today's hearing. Without objection, so ordered. We are here today to consider eight legislative measures. H R one seven seven, the Yosemite National Park Equal Access and Fairness Act, rep uh sponsored by Representative McClintock of California. H R thirty seven seventeen, Golden Muscle Eradication, control act of twenty twenty five sponsored by representative harter of california hr fifty nine thirty five aquacaliente band of kahili indian water rights settlement act sponsored by representative calvert calvert of california hr sixty eight sixty nine to the amend the amit litigation settlement act to modify a provision relating to the extension of certain dates for the completion of the regional water system and for other purposes sponsored by representative leger finandez of new mexico hr eighty five forty six pechanga band of indians water rights settlement technical amendments act sponsored by representative isa of california hr ninety seventeen restore florida water independence act of twenty twenty six sponsored by representative donalds of florida hr ninety five ninety safe for humanities act sponsored by representative webster of florida and hr ten one seven seven Gator Act of twenty twenty six sponsored by representative Stubbe of Florida. I now recognize myself for five a five minute opening statement. This morning the subcommittee on water, wildlife and fisheries will hold a hearing on eight bills that are focused on California water Indian water right settlements and Florida wildlife. The first slate of bills highlighted highlight how the endangered species act has failed the state of Florida. Serial litigation and red tape have prevented common sense permitting improvements in proper wildlife management, but the act has no incentives for conservation for some of Florida's most iconic species. Our first bill, H R ninety-five ninety, sponsored by Representative Webster, would commission a study to identify additional warm water habitats for habitats for manatees that could replace habitats created by power infrastructure, which are now on the verge of being decommissioned. The bill will help chart a course continued successful manatee conservation for decades to come. The ESA has done little to conserve manatee populations. Without warm water discharges from coastal power plants, the state of these manatee populations would be quite grim. Population trends have largely flatlined under the ESA, and Mister Webster's bill takes a forward-looking approach to support manatee recovery. While Mister Webster's bill highlights where the ESA is lacking, our next two bills show some of the lost harms on Florida's people and wildlife. H R ninety seventeen sponsored by representative Donalds would codify the ESA biological opinion for the state of Florida's clean water act section four O four permitting program while the EPA's cooperative federalism statute are far, statute and provisions are far from perfect. Decades of implementation have demonstrated that states permit projects more efficiently and are fully capable of adhering to the statutory requirements. and four O four permitting should be no different. However, many of the usual suspect ch- suspects challenge EPA's delegation of four O four permitting to the state and the program was unjustly vacated on ESA grounds. Mister Donald's bill will reinstate the Florida four O four program, empowering the state to permit local projects efficiently and responsibly. Meanwhile, H R ten one seven seven, sponsored by Representative Stubbe, would commission a study on the public safety impacts of the ESA listings, the uh listing the American alligator, an invasive caiman species, simply due to their similarity of appearance to the American crocodile. This comes after a tragic incident in June, where a woman in Florida was killed by an American alligator. Finally, HR thirty seven seventeen, sponsored by representative Harder, would create two grant programs to address invasive golden mussels in California. Our next panel of bills will focus on California water issues and various Inder Indian water rights related measures. H R fifty nine thirty five, sponsored by Representative Calvert, would fulfill the federal government's trust responsibility by ratifying and implementing the negotiated settlement between the Akokaliente Band of Cahuilla Indians, the Coachella Valley Water District, the Desert Water Agency, and the federal government. H R eighty fifth eighty five forty six, sponsored by Representative Bice, would make technical updates to the Pechanga band of Luis Ngo, Mi Mission Indians, Water Right Settlement Act to ensure the agreement reflects current and future trust lands and modern water quality challenges. Our next bill sponsored by Representative McClintock is about restoring fairness to Yosemite National Park. For more than a century, San Francisco has enjoyed extraordinary benefits from one of our nation's most treasured national parks, while the public has been denied access to that same resource. While water users across California navigate burdensome regulations, pay for costly infrastructure, and comply with endless permitting requirements, San Francisco continues to operate under a century-old arrangement that allows it to use the Hetch Hetchy reservoir located directly inside Yosemite at a nominal cost without any of the requirements imposed on water users throughout the state. We hear a lot about sweetheart deals in this committee, And in the case of Hetch Hetchy, one city has received special treatment for more than a century, while the rest of California is expected to play by the rules. Representative McClintock's bill is an important step toward correcting this imbalance supporting public access and increasing funding for wildlife wildfire mitigation activities across California. Finally, HR is authorized in the act. With that, I want to thank the witnesses that are here with us today and the members of the committee. for their interest in these important issues, and I yield back. I now recognize ranking member Hoyle for her opening statement.

Thank you, Chair Hegeman, and thanks to each of our witnesses, um, who traveled to DC to be here with us today. Today we're meeting to discuss eight bills that involve access to clean water, invasive species management, manatee habitat, alligators, and finally, tribal water rights. First, we have Representative McClintock's H R one seven seven, which would expand public recreation at Hetch Hetchy Reservoir in the Lake Eleanor Basin areas of Yosemite National Park. Nineteen thirteen, the Raker Act authorized San Francisco to construct a dam in the Hetch Hetchy Valley. Today, this reservoir provides high quality drinking water supply. Two point seven million people in the Bay Area today. To help protect its drinking supply, swimming and boating, are currently prohibited at the reservoir. While we agree that expanding access is part of keeping our public lands public, we also need to consider the potential impacts of increased recreation on water supplies that serve millions of people. Next, we have three important tribal water settle right settlement bills. Tribal leaders joining us today have worked tirelessly to uphold their sovereignty and secure reliable access to water for their communities. These agreements represent major for tribal water sovereignty, and I look forward to seeing these agreements get over the finish line. First, H R five nine three five, the Agua Caliente Band of Kahula Indian Water Right Settlement Act, introduced by Rep. Calvert, would authorize the tribe's water right settlement and provide five hundred million through the establishment of the Agua Caliente Settlement Trust Fund for Water Infrastructure and Conservation. The tribe has worked with local water districts for years to negotiate Second tribal water right bill is Rep. Ledger Fernandez's HR six eight six nine. This would allow the settlement parties, which include the Pueblo, Nambe, um, Tesuque, and San Ildefonso, and Po, Ho, Wahiki, and the City of Santa Fe and its County to extend the deadline provided under the Am- Amat Litigation Settlement Act for completing the um Pohak K Basin Regional Water System. The water system will deliver reliable long-term water to the Pueblos and Santa Fe, but water infrastructure projects take time and we should ensure the projects can be completed despite the delays in construction. This is a straightforward fix, but an important one to ensure the project can be successful. Then we have the third tribal water right bill the Pechanga Band of Indian Water Rights Settlement Technical Amendment Act. H R eight five four six would make technical changes to the tribe's existing settlement to clarify the lands covered by the settlement and authorize the use of settlement funds to support activities to address water quality issues. Turning now to wildlife and animal related bills, H R three seven one seven, titled the Golden Mussel Eradication and Control Act, introduced by Rep Harder, would establish a task force demonstrating demonstration program and grant to help control the golden mussel infestation from Asia. The golden mussel was discovered in California as recently as October, twenty twenty five, and in record time, it has become a major threat to the water supply of California's agricultural industry and twenty seven million Americans. This bill has broad local water agency and county support. It's a good bill. We also will discor discuss H R ten one one seven, the Gator Act. The bill was introduced by Rep. Salve fi- fi- following the tragic killing of a woman by an American alligator. The American alligator is protected under US law. This bill would requ- require GAO to evaluate whether federal endangered species act look-alike listings hinder state management programs' existing authority to remove nuisance alligators from neighborhoods and waterways. Representative Webster's For Manatees Act would require the Department of Interior to evaluate artificial warm water areas from coastal power generation discharge that manatees use to survive in the cold winter. This prepares for the eventual phase-out or decommissioning of these sites. Finally, H R nine O one seven, representative of Do- Donald's Restore Florida Water Independence Act, would override multiple court decisions and reinstate Florida's state administrative section four O four wetland pla- permitting program. This bill would waive the requirement for federal agencies to conduct additional species consultation for wetland constructions uh permits in Florida. This bill would also undermine the Endangered Species Act and give Governor DeSantis a free pass to destroy important habitat for endangered endangered species like the Florida panther. I look forward to the wide ranging discussion today and I yield back.

Thank you. I now recognize Ranking Member Huffman for his opening statement.

Thank you, Madam Chair. So we're discussing today legislation that would address water accessibility and wildlife management issues around the country. And first on the agenda, we have my colleague from California and his HR one seventy seven. Now Congress has debated the Hetch Hetchy reservoir for over a century. The Raker Act that created it was enacted in nineteen thirteen. And today the Hetch Hetchy regional water system provides water and power to the Bay Area. I have spent my career fighting for public access and recreation opportunities. And we often must balance these needs with other public benefits. I'm open to that conversation. Unfortunately, the National Park Service is not here today to discuss this bill and its impacts or uh how it might affect existing agreements in place and the trade-offs of some of the sweeping changes that are proposed i- in this bill. If we wanna discuss recreation and public access in and around Yosemite, then let's also talk about the Trump administration's effort to sell off portions of Yosemite National Park to private developers. On one hand we have Republicans arguing that we need more public access in Yosemite, and on the other, they are trying to sell off parts of it to a private landowner. It is a contradiction. I mean, we're sitting here debating a bill, we will be soon, on expanding recreation access on a drinking water reservoir while the Republican administration right now is considering giving a private developer public lands using the Land and Water Conservation Fund, a fund intended to expand public recreation opportunities. And this is on top of Republican efforts to slash the workforce and cut funding to support our national parks. If we wanna have a serious conversation about expanding recreation and public access, let's do that. But having enough staff to actually protect our public lands and resources has to be part of that discussion. Moving to the opposite side of the country, we have the extremely problematic H R nine zero one seven, Representative Donald's Restore Florida Independence Act. This bill is not about states' rights. It is about undermining the endangered species act by codifying a biological opinion that was found to have used bad science. This bill sets a dangerous precedent of overturning court decisions when state programs are out of compliance with our bedrock federal environmental laws. The majority added this language to the chairman's ESA amendments of twenty twenty-five, earlier this Congress, in a last-ditch effort to woo r- woo the Florida delegation to support the bill, and it didn't work. In fact, it spectacularly backfired, bringing out more local opposition against the ESA amendments bill. and making it impossible for Republicans to even advance the bill on the floor. That happened in part because Florida communities recognize that this is an attempt to hand corporate special interests a free pass to destroy fragile wetlands and harm endangered wildlife without basic guardrails. Wildlife like the Florida panther, the juvenile sea turtles, and yes, even manatees. I cannot imagine what my colleagues, excuse me, can't imagine what my colleagues across the aisle were thinking when they decided to hold a hearing today on on one hand, a bill to save the manatees, Mister Webster's HR ninety five ninety, and on the other hand, a bill to kill the manatees, representative Donald's bill, on the very same day. You gotta pick a side folks. I'm on the side of manatees, and I'm on the side of sound science, and keeping politics out of ESA implementation. I'm glad to see other legislation on the hearing docket today, such as HR thirty-seven seventeen from Representative Harder, which would advance solutions needed to fight invasive species and maintain water access for communities in California. And I'm very glad to see tribal water rights settlement bills on the agenda. This committee is entrusted with overseeing the government to government relationship between the United States and tribal nations, and in this role advancing tribal water rights settlements. is a critical responsibility of ours. Before us are bills for a new settlement for the Agua Caliente band of Cahuilla Indians and amendments to two existing settlements, and I appreciate my colleagues' attention to these bills and for working with us across the aisle to advance tribal water rights settlements wherever we can. I hope to see these and other pending bills before the committee advance to a mark-up on the House and to the House floor as soon as possible before the clock runs out on this Congress. Thank you, Madam Chair. I yield back.

I will now introduce our first panel. As is typical with legislative hearings, the bill sponsors are recognized for five minutes each to discuss their bills. I now recognize Congressman McClintock for five minutes.

Uh, thank you, Madam Chairman, first of all, the the proposal the ranking member references does not sell off public land, it is for an easement to a tract that is next to the park boundary, but it is a terrible precedent, that I agree with completely. Uh, the previous land owner tried to do this about fifteen years ago and we stopped him cold, and we are doing the same with this idiotic proposal. So, uh, the gentleman can put his hair out. It's on fire. And uh, and relax. Uh, Madam Chairman, I thank you for including HR one seventy seven in today's hearing. It is an important matter for my district that includes the Yosemite National Park and the Hetch Hetchy Reservoir that supplies water to about two point seven million residents. in and around the city of San Francisco. The project was made possible through the Raker Act of nineteen thirteen, which granted the city water rights at the price of thirty thousand dollars a year. Thirty thousand dollars, that figure has never been adjusted. They are still paying thirty thousand dollars a year. The city admits that it receives two hundred million dollars a year from the water and power sales from this facility. The city makes two hundred million dollars, American taxpayers get thirty thousand dollars of that uh from their own national resource. The lake formed by this project is within Yosemite National Park, but includes severe restrictions on public use. You can't swim in the lake, you can't drive to the lake, you can't camp near the lake. It's essentially off limits to the vast majority of the public for the vast majority of recreational pursuits. This bill does two things. It increases the annual rental fee from thirty thousand dollars a year to two million dollars a year. Now that comes to seventy three cents a year, uh uh increase for every user of this water, seventy three cents. Although the bill currently requires the city to pay this fee. It's uh just one percent of the revenues that San Francisco takes in, for its water and power users. Now this two million dollars will be retained by USFAD National Park for firefighting, Uh, we have a fire in the park right now as a matter of fact, uh, and for improvements in the park. But more importantly, this bill would remove many of the severe restrictions on public use, uh, at Lake Eleanor. The Hetch Hetchy Valley was often called the twin sister of the Yosemite Valley. The O'Neill Sea Dam changed that by turning it into the massive Lake Eleanor with a surface area of one and a half square miles. Now, the original eighteen sixty-four grant that set Yosemite aside promised that it would be available to the american people for quote public use resort and recreation for all time but lake eleanor breaks that promise not only did the american people lose the hatch hatchy valley they're largely excluded from the use resort and recreation at the lake that replaced it uh this bill opens the nine hundred and sixty acre lake to swimming fishing camping picnicking non-motorized boating and vehicular access restoring promise made to the American people by the Yosemite Grant Act of eighteen sixty four, and broken by the Raker Act of nineteen thirteen. Then yes, this will require the City of San Francisco to do additional water treatment. But that's no different than any other water system that uses water for mixed-use recreational lakes. Finally, this bill directs the National Park Service to further examine these issues, and determine an equitable cost sharing and public use program, for this valuable national resource. Uh, we have Brett uh Barbara, uh a um Director uh of the uh Yorba Linda Water District in California to offer additional background. Uh, I'd urge adoption of H R one seventy-seven and I yield back.

Thank you. I now recognize Congressman Webster for five minutes.

Thank you, Madam Chair. Manatees are Florida's most iconic marine mammal and their core to the character of our state. Uh decades of converse uh conservation efforts have led to significant recovery in manatee population, the current population of ten thousand. However, uh further uh uh vigilance and efforts are necessary to maintain this progress. Manatees are attracted to the, and dependent on, warm water. discharge by power plants uh makes that water warm and uh they're required to survive in the winter months. As these power plants phase out, warm water discharges manatees will be left with no with few options to keep warm. This past winter, a cold shock and a temporary shutdown of a power plant in Lee County, Florida led to the deaths of twenty-five manatees. This event is an unfortunate example of Manatee's dependence on warm water habitats generated by discharge from power plants. My bill, HR ninety five ninety, the Safe for Manatee Act, directs the Department of Interior, in collaboration with the Army Corps of Engineers and the Florida Fish and Wildlife Commission to study potential warm water habits uh for manatees and methods of construction. This um this study would be uh would complement the Florida Manatee Warm Water Habitat Action Plan and provide a a blueprint for warm water habitat construction efforts. This bill's first step to maintain the process in manatee conservation in past decades and to insure Floridians and tourists that they may enjoy amenities for years to come. Yelbeck.

I now recognize Congressman Calvert for five minutes.

Thank you uh, Senator, I mean excuse me Madam Chair, I appreciate it. Um, Madam Chair, ranking members and members of the committee, thank you for the opportunity to speak on my bill, the Agua Caliente Boundary Cohia Indians Water Right Selement Act. which would ratify and implement a tribal water settlement agreement located in the Coachella Valley. I appreciate you putting this important legislation on today's agenda. It's good to see my friends, Chairman Gruebe and Chairman McCarroll, uh here to testify today. I've been working on California water issues for more than three decades, and in that time I've learned one thing about water fights. They outlast careers. The only settlements that hold uh are the ones that the parties agree on together. And that's exactly what we have here. A deliberative, comprehensive water rights settlement agreement that is supported by all local jurisdictions, cities, the state, and the county. That is what is in front of the subcommittee today. Now, how did we get here? In two thousand thirteen, the Agua Caliente trial filed suit against the Coachella Valley Water District and the Desert Water Agency over groundwater rights in the, in the Oseb basin. That case ran for more than a decade. It could have easily have run for another decade. Instead, last year the tribe, the Coachella Valley Water District, and the Desert Water Agency signed a settlement agreement. This bill would ratify it. I've been down this road before. I bought I authored the Pechonda Band of Indian Wa- Water Rights uh settlement agreement enacted in two thousand sixteen as part of the WIN Act. And I've worked with other tribes and water agencies of Riverside County on these questions for far longer than that. Early this year, I joined Mister Issa in introducing H. R. eighty-two. forty-six to make technical fixes to that same Pechanga settlement, which is also on today's agenda. These agreements are worth the years they take that federally recognized tribes, like the Agua Caliente, can have certainty about the future of their water supply. Very briefly on the substance, the bill qualifies the tribe water right at twenty thousand acre feet per year of groundwater. It authorizes a tribal possessionary interest tax that replaces Riverside County's tax. with a reservation, but insures that the schools, the fire districts, and other local agencies that receive revenue today continue to do that benefit. It takes roughly two thousand seven hundred and forty-two acres of BLM land into trust with an express prohibition on gaming. It also establishes five hundred million dollars in settlement trust fund and four accounts for tribal water projects. Which brings me to the real obstacle in front of this bill, the offset. That five hundred million is mandatory spending. It needs an offset, and the first thing that comes to mind is the judgment fund. The second, customs fees. Perhaps we can look in both. I look forward to working with this committee, the Interior Department, and others to find a path forward. The good news is that the tribe holds title and bears the operation and maintenance costs of the water infrastructure projects it plans to build. A hundred million of that total flows back to the district's reimbursed rate tear uh rate payer funded investments that hold up groundwater levels under the entire valley. The anti-deficiency provision protects the government, and if the settlement is not consummated by the end of two thousand thirty-five, the act expires and the money comes home. I wanna thank uh Chairman Gruebe and the Agua Caliente Tribal Council. I wanna thank the Coachella Valley Water District, the desert water agency, who negat- negotiated in good faith for years to get us here. And I look forward to continuing to advance this bill forward. Again, thank you. Uh, I thank the committee for holding, uh, this legislative hearing. With that, Madam Chair, I yield back.

Thank you, and I now recognize Congressman Asap for five minutes.

Thank you, Madam Chair, Ranking Member. Uh, as my colleague said, except in his case three decades, mine only two plus decades, we have seen a renaissance of the ability of tribes during these decades to self-govern and beyond that to support the maintenance, care, and improvement of federal lands previously not in trust. But along with that come the water rights and as uh my colleague, Mister Calvert said, the potential disputes. This again, uh, in the case of HR eighty-five forty-six, is an example where the tribes working harmoniously with their neighbors have been able to balance their ancestral land needs and wants with the water rights that come with it. This technical correction uh builds on the two thousand sixteen broad settlement that allows for an alignment between the the land rights and the water rights. But more importantly, Madam Chair, this is an example, as a colleague who left a little while ago said, of one of those where we're doing all the right things. We're settling disputes, we're returning water rights to the land owners, just as we returned historic land to the the historic land owners. Then this year in which we're celebrating two hundred and fifty years, the Pechanga band of Native American Indians is celebrating something north of many thousands of years. These lands were theirs long before we were a country. And the small amount of their ancestral land that they currently have is in fact a a a is additive to the community. And just two ex- two examples, first of all, every single part of the county and the cities adjacent to uh this area, the Pechanga reservation, have supported this legislation. Moreover, they are the beneficiary of the uh the fire departments that have been built at the uh tribe's expense that in fact use that water to protect not just their own land, but the land in the surrounding area. My bill provides greater flexibility for existing water uh quality account to address water quality issues for Wolf Valley Basin rather than limiting those funds specifically to ground water desalinization. In my own district in San Diego, the rest of my district, We have a surplus of desalinized water, but an inability to pay for it because of the high cost. This flexibility in the bill uh preserves existing water rights, while in fact enhancing the ability for us to find, find and flow fresh water where it's needed. So again, I wanna thank the the chairs that are here that'll be speaking, and the long working relationship I've had with the Pechanga uh, band of Indians, since this is my last address in all likelihood before this committee, I also wanna thank the chair and those who sat before you and the ranking member. During my twenty-five years plus, I have seen this committee look at Native American rights in a positive way and make decision after decision particularly as to BLM and other land in which their efforts have actually transferred to tribes at a savings to

Thank you, uh, Representative Issa, and I now recognize Congressman Donalds for five minutes.

Uh, thank you, Madam Chair. Um, first of all, HR ninety seventeen, the Restore Florida's Water Independence Act, it actually allows for critical infrastructure habitat restoration and local safety projects. to be released from the federal bureaucracy facing delays of eighteen months or longer under the United States Army Corps of Engineers. Previously, Florida successfully operated a streamlined one-stop-shop permitting program starting in twenty twenty until a twenty twenty four court ruling halted it over procedural paperwork not an environmental failure. This legislation works to clear the courtroom hurdle and restore local control. The Florida Department of Environmental Protection already enforces rigorous state environmental standards that overlap with eighty-five percent of federal requirements requiring two agencies to do the same duplicative and disjointed review is a waste of time it's a waste of tax dollars and it's a waste of resources and I might add considering what everybody what's on the mind everybody today when it comes to affordability the extended time of more delays because of the army corps having to come in and essentially redo the same work, only drives up the cost on these projects, and that cost is borne by the taxpayers and the people of Florida. State controls remove the unnecessary red tape imposed and implemented by Washington, and will ensure environmental reviews are faster, more efficient, and conducted in the best interest of Florida. For example, under Florida's program, the city of Jacksonville got the green light for fire station forty-seven in under nine months. Likewise, the Florida Department of Environmental Protection processed the triple N ranch wildlife restoration permit in under four months. Under the current Army Corps permitting timelines, both of these projects could have sat in limbo for years at the expense of Floridians. There are, these are just a couple of instances that demonstrate that state-led oversight gets conservation projects on the ground faster, without sacrificing environmental standards. The Restore Florida Water Independence Act implements proven state efficiency, protecting our waters, and keeping essential Florida projects moving forward. Um, I will add to commentary that was stated at the beginning of this hearing. Florida, we have um, I know how things are in this town, we all know. But in Florida, protecting our wildlife and our environment is not a partisan issue. We all agree in Florida, Republicans and Democrats, that protecting Florida's environment is critical to the future of our state, critical to the future of our economy, and critical to the future of the protected wildlife within our state. Everything from manatees to panthers and all other species in between. Florida, on a bipartisan basis, on a nonpartisan basis, has refused to allow for offshore drilling. Florida, on a nonpartisan basis, has led the way of getting so close to finishing Everglades restoration, something that this town wanted to start almost twenty five years ago. Florida has led the way on seeing its completion. And by the way, um, as the state's next governor, we are going to finish Everglades restoration. We are protecting our wildlife corridor in the state of Florida to make sure that panthers have room to roam and black bears have room to live. And to, and to the point made about our current Governor Ron DeSantis, he has one of the strongest records of environmental protection actually standing up to big interests in the state of Florida, who wanted to cut corners. And it has been Governor DeSantis that has held the line on that measure. When it comes to wildlife and when it comes to environmental protections, we do not take a backseat to anybody in the state of Florida. We are literally a peninsula state where half of our state is in swamp land. If we don't take care of our environment, our state is finished. And I would like to assure my colleagues on the other side of the aisle, that when we leave these chambers here in Washington DC, in the state capital, at the state level, we take environmental protections incredibly seriously. But what we also take seriously is that when you have our Florida Department of Environmental Protection which has proven that it knows how to do these projects very well and you combine that with the regulatory hurdles of the Army Corps of Engineer, which every member of this committee has had to deal with in their states, we all know that is not helping our environment, it actually hurts them. I would ask for members on all sides of this committee to support this common sense legislation, " Efficiency in permitting helps our states and helps our communities, and it definitely helps the state of Florida."

Thank you. I wanna thank all of the members for your excellent testimony today. And I am now going to introduce our second panel, Mister Dave Meeko, the Acting Director, Deputy Director for Operations for the US Fish and Wildlife Service in Washington DC. Welcome back. We appreciate you being here. And under committee rules you must limit your oral statements to five minutes, but your entire statement will appear in the hearing record. To begin your testimony, please press the button on the microphone, and as you know, we use timing lights. Uh, the, when you begin the light will turn green, when you have one minute remaining the light will turn yellow. And at the end of five minutes the light will turn red and I will ask you to please complete your statement. I now recognize Mister Miko for five minutes.

Thank you, Madam Chair, and good morning. Chair Hageman, Ranking Member Hoyle, and members of the subcommittee. My name is Dave Mikko and I am the Acting Deputy Director for Operations for the US Fish and Wildlife Service. And thank you for the opportunity to provide testimony on four bills. H R nine zero one seven would be in the service's twenty twenty biological opinion regarding the epa s approval of florida s request to assume administration of the dredge and fill permitting program under section four O four of the clean water act in compliance under the biological opinion as compliant with the endangered species act the bill would also preclude additional section seven consultations

no

there are questions on this before as a consequence of pending litigation i'm unable to further comment on this bill at this time oh is it next alright hr nine five nine zero would require the service to conduct a study on warm water habitat for manatees that are currently utilizing areas in Florida, around coastal industrial sites, subject to decommissioning actions. The study would identify and assess natural warm water locations and ones where artificial warm water refugia could be constructed in collaboration with UARMY Corps of Engineers in the state of Florida. The federally protected manatee is a cold intolerant species. Colder water temperatures contribute to cold stress syndrome and mass mortality events. The loss of warm water refugia is a key threat to the species. This study could assist in identifying natural and artificial sites to help sustain humanity populations. The department supports the intent of H R nine five nine zero, and would like to work with the subcommittee on technical recommendations to support implementation. H R one zero one one seven would direct to GAO in consultation with the service to complete a study regarding similar similarity of appearance for E treatment under the ESA for the American alligator, common caiman and brown caiman, and potential effects on their populations and state management. Under section four E, the service may limit the take of an unlisted species if it so closely resembles a listed species that law enforcement personnel would have difficulty distinguishing between them in enforcing the ESA. The American alligator was recovered in nineteen eighty seven, but has four E treatment due to similarity of appearance to the American crocodile. Under the four E rule, the state, rather than the service, regulates take, including lethal removal. I don't know. The two caiman have four E treatment due to similar similarity of appearance Do I need it, do I? to the ocrary caiman. No, I don't need it either. This four E rule allows for different types of management activities by the state of Florida. The service works closely with the state to ensure that they have the Mm, this is cool. and the s- and the question of flexibility and tools to meet their management goals and to protect human safety. sure. We support the intent of H R one zero one one seven and welcome the opportunity to work with the subcommittee to provide technical recommendations. H R three seven one seven would require the aquatic nuisance species task force to establish a demonstration program initially in the Sacramento, San Juan Quintin delta to prevent, monitor, control, and eradicate invasive golden mussel. Mr. Kim.

OK.

We would also establish a grant program to identify methods to control and remove golden mussels and understand their biology. The service works closely with partners to combat golden mussels. Last summer, we convened a work group to evaluate immediate and long-term needs. The work group is developing a national control and management plan to guide and coordinate efforts. In January, twenty twenty five, the service published a proposed rule that would add golden mussels to the list of injurious wildlife. The service recognizes the importance of addressing invasive species and supports the goals of H R three seven one seven. Thank you for the opportunity to testify. I will be pleased to answer any questions you may have.

I wanna thank you for your testimony and I am now going to recognize the members for five minutes each for questions. And I'm going to start with myself. Mister Miko, in light of what Mister Donald is trying to accomplish with his legislation, what steps is the service taking to partner with other agencies and states to better coordinate and facilitate the simplification of the federal permitting process.

Yes, I appreciate uh the question Madam Chair. Um, uh we're working in alignment with the administration's priorities to uh really r large reduce environmental review. Um, um, working as well with um, under the executive orders and secretary orders to streamline um consultations under section seven and section nine in in collaboration with other federal agencies, state partners and NGOs, for efficient um and effective um our environmental review.

OK. Um, how important is it for the service to engage constructively with all conservation partners, including industry, to insure the conservation of the manatee continues to be a success for decades to come?

I appreciate, I have a question on manatee, and manatee are an iconic species to Florida. I mean it is vital, it takes a village right to to support these species, iconic species, and in Florida the manatee is, uh, we heard earlier, um, is a cold water intolerant species, you know, requires warm water habitat. In fact, sixty percent of the Florida manatee population is dependent on industry discharges for that warm water refuges that they that they require. So working with industry in particular and our partners, um, at large with within state and and NGOs to understand, um, opportunities for us to potentially relocate or provide additional warm water refugia is vitally important in understanding as industry may need to decommission sites, the timing of that, so we can help those manatees that depend on those warm water sites to find new refugia in the future.

OK, my last question is, in light of the tragic incident that happened to Mister Stubbe's constituent earlier this year, is the service taking steps to work better with state agencies to deal with nuisance alligators?

And I appreciate uh the question and it and it's difficult obviously, um the tragedy that occurred and we wanna extend the service um, the department wants to s- extend our deepest sympathies to Mrs. Clark's loved ones uh in that tragic event. Uh, the service does work closely with the with all states that have alligators in their in their in their um state boundaries and Florida to help address nuisance alligators. Uh, the state of Florida has a a wonderful program, the SNAP program, statewide nuisance alligator program. Um. Removal that provides a hotline for citizens to call when when they're they feel threatened, um, either personally, for their pets, their property. So they can call, um, the state maintains, um, contractors, um, skilled contractors to come and remove those alligators. The four E rule provides, um, quite a bit of flexibility for states and in fact allows the states to manage, um, alligator populations, um, to the, um, as they see most appropriate, being the folks on the ground. and the experts locally to understand the impacts of alligators in Florida.

OK. Uh, thank you, and I now recognize the ranking, remember, Miss Hoyle for five minutes of questions.

Thank you, Madam Chair. Uh, Mister Mikko, thanks for joining us today again, um, to discuss these very important issues. Look, every time you've come before us to testify, we've asked you about the status of delaying grants, um, including grants to help communities manage invasive species. And it, th- those are really, really urgent actions that need to be taken. Um, for example, my district's battling the quagga mussel discovered on the shoreline of the Prineville reservoir this summer. And this kind of discovery, as I said, requires a rapid response and manpower, often funded through the federal fish and wildlife grants. So, could you please tell us today what progress your agency has made in delivering these grants, and what steps you've taken to make this process more transparent and efficient.

Sure. I appreciate the the question and we certainly support and understand the importance of of um mitigating the impacts of aquatic invasive species. Working closely with the department and within the service to um understand that the grant applications that we receive are in line with presidential and administration priorities and um and being that the best use of American uh taxpayer dollars.

So, could you tell me what you're going to do to make the process more efficient and transparent, so that we're not in the dark while these grants get, critical grants get held up?

Yeah, appreciate your follow-up and um, as I mentioned, we're working closely with the department to make sure these grants align with administration priorities. Um, I'm be happy to follow up with you um, in your office. with further details if if requested.

Yeah, what I would like is um a response in writing about status of grants. I mean for me it's particularly in Oregon, but we have a number of grants um throughout districts on critical invasive species that if we don't get on this right away, um it's incredibly problematic. So I just would like a response in writing as to what the status is And we've asked for that a number of times, would really appreciate that.

OK.

Um, now, as you know, according to the recent federal data, um, the number of US Fish and Wildlife Service staff has dropped by thirty-six hundred, um, during the president's second term. The West Coast and Oregon in particular have seen some of the steepest and most unfortunate losses. Um, for example, about ninety-five scientists of the nineteen hundred nationwide were cut from the service and worked in our coastal cities, and from Le Grand to Roseburg to Bend to Portland. In Oregon alone, the number of fish and wildlife employees is down forty percent since twenty twenty four. And these are full-time seasonal employees that fuel Oregon's economy help keep our local ecosystems healthy whether it's, you know, recreational fishing or commercial fishing industry, our ocean and river ecosystems, it's absolutely critical work. And these scientists The loss of experience and knowledge has been significant. So, how is the service expected to carry out its mission, to work with others to conserve, protect, and enhance fish and wildlife, when we're losing the expertise needed to truly protect endangered plants and animals, And the people that are left have s- they're overworked and the morale is bad because they don't know when the acts is coming, and the fe- this this administration and the federal government has openly said that their focus is to make federal employees fear coming to work. So how do we address that?

I appreciate um the question and As you pointed out, we have um had a number of staff leave uh through voluntary opportunities, um since beginning of the administration. Um, they've not left in a manner that was uh consistent across the country. As you pointed out, um we've got um departures that may have um been larger in one region and or larger in one program than the other. Um, as a service we are focusing our uh hiring processes to be field focused, um to meet the needs and priorities of the administration of the American public. where we're finding those um current uh deficiencies, maybe whether it's a refuge, whether it's a hatchery, or in our ESA listing program, but focusing our hiring efforts in those places that um we're finding uh are have the highest highest need.