support a growing navigation system.
Thanfi you for the opportunity to present our views.
Tuesday, February 27, 1996.
CORPS OF ENGE^ERS, BUREAU OF RECLAMATION,
R. MAX PETERSON, EXECUTIVE VICE PRESIDENT, INTERNATIONAL
ASSOCIATION OF FISH AND WILDUFE AGENCIES
Mr. Myers. Next is R. Max Peterson, Executive Vice President
of the International Association of Fish and Wildlife Agencies. Your
prepared statement will be in the record. You may proceed.
Mr. Peterson. Thank you. I was surprised to hear that both of
you are retiring and that such young people are bailing out. There
is life after retirement, as I can vouch for.
We would like to express thanks to both of you for your long and
constructive service on behalf of natural resources. I can remember
several things that this committee got under way, including mitiga-
tion of Tombigbee that Chairman Bevill helped on. You helped on
Richard Russell and others. We encourage whoever replaces you on
this committee to continue that good work because the plans for
such projects have included fish and wildlife benefits and cost as
part of project costs and frequently projects are being completed
without completing the fish and wildlife aspects of it, which you
have gone a long ways to be sure that doesn't happen. We appre-
We would like to see Congress explore the need for generic legis-
lation to the Corps to ensure that older projects include the author-
ity for fish and wildlife mitigation and enhancement. Recognizing
that we don't have the budget of either the corps or Tennessee Val-
ley Authority, the Bureau of Reclamation or the FERC, we would
like to submit a supplemental statement at such time as that is
I won't try to read through the entire testimony, but to point out
that we are in favor of certain things going on, including trying to
streamline the process for review and issuance of permits on the
Clean Water Act, to provide for an appeal process that we think
will make the process more user-friendly and more responsive to
concerns and to continue to work with the States in that process.
We also appreciate the continued participation by the Corps in
the North American Waterfowl Management Plan and recognize in
some cases that with very little expenditures they can do work in
connection with projects that will pay huge dividends in the future.
Last year, with TVA we worked on something called the Clean
Stream Initiative, which was trying to put together all the agencies
in an area to clean up the damage done by long past coal mining.
We would encourage you to encourage TVA to continue that effort,
and I think they will. We recognize the importance also of boating,
fishing, camping, hunting, wildlife in such areas as lands between
the lakes, and we would like to commend TVA particularly for
working with the States on a coordinated approach to determine
where boat ramps should be and how we can better serve the pub-
lic in that area.
In many cases the State has funding, other agencies have fund-
ing, TVA has funding. It makes sense that they should do joint
plannmg and work together so the pubhc as a whole is served.
We still have one major concern with the Federal Energy Regu-
latory Commission, and that is that actually you provided in 1992
an amendment that allows for FERC to get money to do studies in
advance of project relicensing. That only makes sense from the
standpoint of everybody concerned. When I was still with the For-
est Service, we worked in California to do a whole bunch of studies
before relicensing. That worked to the benefit of everybody, because
that gave you the information to work with. If you don't have infor-
mation to work with, everybody is in the dark in tr3ang to make
recommendations. So we strongly recommend that you work with
FERC to either provide that they request funding or they provide
that that is a cost of the licensee of the relicensing. It is not a lot
of money and probably would pay off in the long run.
We have several recommendations here including continued work
on water conservation activities of the Bureau of Reclamation. It
seems to me that conservation in many places pays good dividends
for everybody concerned. Nobody loses on that because you have
more water to serve all kinds of needs. So we would applaud that
effort of the Bureau of Reclamation and encourage you to encour-
age them to continue in that direction. Thank you, and I wish you
both well in your endeavors.
Mr. Myers. Thank you.
[The statement of Mr. Peterson follows:]
TESTIMONY BEFORE THE HOUSE APPROPRIATIONS
SUBCOMMTITEE ON ENERGY AND WATER DEVELOPMENT
ON THE FISCAL YEAR 1997 APPROPRUTIONS FOR THE
U S ARMY CORPS OF ENGINEERS, BUREAU OF RECLAMATION,
FEDERAL ENERGY REGULATORY COMMISSION,
AND TENNESSEE VALLEY AUTHORITY
by R. Max Peterson, Executive Vice-President
International Association of Fish and WUdlife Agencies
February 27, 1996
Mr. Chairman I appreciate the opportunity to testify today on behalf of the International
Association of Fish and Wildlife Agencies.
The Association, founded in 1902, is a quasi-governmental organization of public
agencies charged with the protection and management of North Amenca's fish and wildlife
resources. The Association's governmental members include the fish and wildlife agencies of
the states, provinces, and federal governments of the U.S., Canada, and Mexico. All 50 states
are members. The Association has been a key organization in promoting sound resource
management and strengthening federal, state, and private cooperation in protecUng and managing
fish and wildUfe and their habitats in the public interest. I appreciate the opportunity to share
our perspectives with you today.
Recognizing that the President's FY 1997 budget has not yet been submitted to Congress,
Mr Chairman, our comments will be somewhat general regarding areas of concern to the
Association We respectfully request the opportunity to provide wntten supplemental
recommendations on each of the agencies' budget once they are released.
XT .9 ARMY rORPS OF E NGINEERS
The Association appreciates the recent appropriations actions of this subcommittee for
the U S Amy Corps of Engineers which have substantially directed the Corps towards more
responsible and responsive conservation of our natural resources. The Association applauds the
fact that many of our recommendations for recent fiscal years have been incorporated by the
Corps in their succeeding year's budget request, or are underway utilizing existing funding.
Our Association particularly appreciates the leadership of this Committee in providing
funding for mitigation projects. Most project plans include fish and wildlife as part of the
project costs and benefits and as such represent an agreement as to how the project will be
developed and operated. Recently, this Committee has foUowed through by funding some of the
promised mitigation. For example, we support the continued mitigation including npanan
restoration, related to the Tennessee-Tombigbee Waterway. We rex^ommend that the Congress
e.xninre the need for generic le g i'^l^tive, direction to the Corps to ensure that the older proiects
indnde the aothnritv for fish and wildlife m itipation and e nhancement, and if legislation is
We support the trend for increased funding of Section 1 135 environmental projects . The
Association would like to see less limitation on the type of fish and wildlife projects that are
eligible for funding under Section 1135. Also, the amount of planning and engineering that has
been required on some of these projects makes them cost-prohibitive for states to participate as
a cost-share partner. Also, we ask that the Corps allow in-kind match toward the 25% share
of the project cost .
The Association is also generally supportive of the funding requested for some of the
large river restoration projects such as those planned for the Kissimmee River, Columbia River
and the Upper Mississippi. It is in the best interest of the country to restore the habitat and
hydrologic components on these rivers that have been significantly altered under previous
The U.S. Fish and Wildlife Service has announced plans to divest its ownership of
several fish hatcheries around the nation. This is of concern to us because in many cases
hatcheries were included as mitigation for substantial alteration of the stream flow and changed
temperatures and consequently made propagation of the native stream fish infeasible. We
believe that the continued operation and maintenance of such hatcheries is a continuing project
cost that should be borne by project beneficiaries. In some cases. State fish and wildlife
agencies are likely to take over maintenance and operations of some of these hatcheries as they
have done in the past. Some federal hatcheries are on federal lands managed by the Corps.
States will need fee title to the lands and structures on the hatchery grounds in order to make
the required continuing investments. In some states fee title is necessary to make such capital
investments. We ask that the Corps take necessary steps to transfer these particular lands to the
states. This will enable some states to assume responsibility for maintenance and operation of
With regard to the Corps' regulatory authority under the Clean Water Act of 1972. we
strongly support the implementation of a streamlined program to process, review, issue permits
and provide an appeals procedure for the permitting of activities in waters of the United States,
including wetlands associated permits and jurisdictional determinations as well as sand and gravel
dredging activities . The Association believes a strong partnership program with state agencies
affords the best opportunity for balanced conservation of aquatic resources.
The Association urges continued appropriations for assisting in the control of zebra
mussels. As you are aware, these non-indigenous mollusks are having significant adverse effects
on native shellfish and natural habitats.
The Association recommends that the Corps continue in partnership with State Fish and
Wildlife Agencies to initiate applicable restoration, mitigation and conservation projects. For
example, we request the Corps continue to participate in the North American Waterfowl
Management Plan through wetlands conservation, wetlands identifigation. and wetlands
The Association recommends that the Corps continue to work closely with the State fish
and wildlife agencies to identify priority restoration, mitigation and remediation projects needing
the Corps' attention. The State fish and wildlife agencies are generally aware of where Corps
projects could most effectively enhance the status of fish and wildlife resources through
improvements to habitat. In particular, we encourage the Corps to participate in funding
projects to meet the objectives of the North American Waterfowl Management Plan.
TENNESSEE VALLEY AUTHORITY (TVA)
The Association recommends that TVA actively support and partic ipate in the States'
Clean Stream Initiative with the Office of Surface Mining (OSNO to com plete projects in the
TVA service area . These state-Federal-private cooperative projects are engaged in restoring
fish, aquatic life, recreational and economic opportunity in watersheds damaged by acid mine
drainage from past coal mining activities.
The Association recognizes the importance of boating, fi shing, camping, hunting, wildlife
observation, and other conservation-oriented activities at Land Betwe en the Lakes fLBL) and
su pport continued funding for these activities .
The Association commends TVA for focusing on a coordinated effort with the States to
provide public access and boat launch facilities. Tourism associated with TVA facilities is
essential to the economic well being of adjacent communities and we strongly support sustained
funding for these activities.
We are encouraged that TVA has undertaken a serious review of public lands along TVA
reservoirs and rivers to insure these properties are not utilized in such a manner as to exclude
reasonable public use. Further, we support current and future planning efforts that insure
conservation and protection of riparian habitat.
The Association was disappointed that the Challenge Cost share program initiated in FY
95 was not included in the FY 96 request. Program success in 1995 was evident as matching
funds were found at a ratio of 3: 1 and may worthwhile projects were initiated. The Association,
in recognition of these fiscally difficult times, recommends that the TVA re-institute the
challenge cost program within available funds and emphasize cooperative access development
and boat launch construction .
FEDERAL ENERGY REGULATORY COMMISSION (FERC)
The Association recommends a Congressional appropriation to allow FERC to reimburse
state fish and wildlife agencies for studies and reviews associated with hydropower relicensing
activities . Section 1701 of the Federal Power Act was amended in 1992 specifically to authorize
reimbursement to states for this work. FERC has never sought appropriated funds for this
purpose. If appropriated funds cannot be provided, FERC should be instructed to require
reimbursement for this work by the licensee. Otherwise, projects will be proposed for
relicensing without adequate studies of appropriate fish and wildlife licensing requirements. This
invites conflict and possibly more stringent requirements, including water releases, than would
be needed if more adequate studies were made.
BUREAU OF RECLAMATION
The Association recognizes with appreciation the continued BOR shift toward non-
structural water resources management objectives. The enhanced water conservation,
reclamation and partnership themes of last year's budget request certainly makes sense in the
climate of the times. The Association notes with particular appreciation the number of projects
specifically designed to enhance and restore fish and wildlife resources associated with BOR
Water Conservation and Reuse - BOR has recently requested funding for new water
management and conservation activities. This request for added funding for these activities,
funds made available largely through reductions in other more traditional activities, is supported
by the Association . Among the types of work proposed are improvements in Colorado River
operations, including new approaches to water salinity control; irrigation management
improvements; and water reclamation and reuse projects in California. Water conservation is
a "winner" for the entire spectrum of water uses and can significantly reduce conflict in water
Central Vallev Projects - It is most appropriate, and strongly supported by the
Association that the BOR continue to use significant funds from the Central Valley Project
Restoration Fund for i.iuch needed and overdue actions to bene fit conservation efforts associated
with the Central Valley Project . The habitat restoration and improvement, screening of inlets,
and acquisition of water for refuge resources, and the continued work on the water temperature
control capabilities at Shasta Dam will help restore fish and wildlife resources that have been
adversely impacted by this project. This is another example of project changes that reduce the
impact on fish and wildlife resources, without adverse effect on other project users.
Columbia/Snake River Salmon Recovery Project - While it is truly unfortunate that steps
to remedy fish passage problems in these rivers necessitated a jeopardy biological opinion, it is
recognized with appreciation that the FY 96 BOR budget included funding for water to provide
flows to enhance downstream migration of young fish. We would urge a comparable funding
consideration in the FY 97 budget. Adequate and safe conveyance capability for young fish is
absolutely essential to restoring salmon populations and it is doubtful that current restoration
efforts will be successful without reliable solutions to this long standing problem.
Water Development - In past years, the Association has urged the BOR to become a
more active participant in wetlands projects and continue to advocate that position. Wetland
conservation, restoration and protection are key ingredients to the success of the North American
Waterfowl Management Plan and the Partners in Flight initiative. We were disappointed that
BOR decreased its request in FY 96 for Wetlands Development, and urge the agency to request
a budget for wedands development comparable to FY 95 appropriated levels. Very small efforts
at some bureau projects would have very high payoffs.
Tuesday, February 27, 1996.
INLAND AND INTRACOASTAL WATERWAYS
JOSEPH E. LEMA, VICE PRESIDENT, MANUFACTURERS AND SERVICES
DIVISION, NATIONAL MINING ASSOCIATION
Mr. Myers. Joe Lema, Vice President of the Manufacturers and
Services Division of the National Mining Association. Your pre-
pared statement will be placed in the record.
Mr. Lema. Thank you, Mr. Chairman. It is an honor to be here.
I am Joe Lema, Vice President for the Manufacturers and Serv-
ices Division of the National Mining Association. It has been a
privilege for me to testify before this subcommittee on many occa-
sions on behalf of the coal industry, and now I am grateful to ap-
pear on behalf of all mineral extractors. I am especially grateful to
have the honor of appearing before two exceptionally distinguished
gentlemen as they complete their tenure in the Congress, Chair-
man John Myers of the great Hoosier State of Indiana, and pre-
vious Chairman John Bevill of the great State of Alabama.
I am accompanied by our Vice President for Congressional Af-
fairs, Susan Carver; and our Director of Transportation for the Na-
tional Mining Association, Merrill McKenzie.
We, the mining industry, including producers, shippers and con-
sumers of many mining products, are principal users of the inland
waterway system of the United States. Inland waterways freight
traffic now amounts to approximately 620 million tons annually, of
which coal represents 30 percent of total annual tonnage trans-
ported by barge, and other nonmetallic minerals amount to an ad-
ditional 15 percent. Overall, inland waterways freight tonnage is
expected to increase 10 percent by the year 2010, with coal traffic
alone growing by 22 percent.
The mining industry seeks the approval of this subcommittee for
the continuation of project construction funding at four sites, the
start of construction at two additional sites, and the completion of
a feasibility study of construction needs on a critical segment of the
interconnected waterway system.
We strongly urge your approval of lock and dam construction
project funding in fiscal year 1997 at Olmsted, replacing Locks and
Dams 52 and 53, and McAlpine at Louisville, Kentucky, near Jef-
fersonville and New Albany, Indiana, Locks and Dams 2, 3 and 4
on the Monongahela River; Winfield and Marmet on the Kanawha
River, and the Kentucky Lock and Dam addition on the Tennessee
River near Paducah.
Further, we urge approval of funds required for the U.S. Army
Corps of Engineers to complete a feasibility study of the need for
lock and dam project construction on the lower Ohio River from its
mouth to the Mississippi River near Cairo, Illinois, upstream to
Louisville, Kentucky, near Jeffersonville and New Albany, Indiana.
Mr. Chairman, the NMA realizes and appreciates the leadership
of this subcommittee in funding critical waterway construction
projects in the previous decade plus construction starts at pre-
viously mentioned projects, and preconstruction engineering and
design for potential construction projects.
In conclusion, NMA requests your continued support for the ef-
forts I have identified and presented in the statement filed for the
record for this hearing. Thank you.
Mr. Myers. Thank you.
Susan you have been coming for a good many years, I will not
give away your age.
Merrill, good to have you.
[The statement of Mr. Lema follows:]
STATEMENT OF JOSEPH E. LEMA
VICE PRESIDENT, MANUFACTURERS
AND SERVICES DIVISION
NATIONAL MINING ASSOCIATION
ON ENERGY AND WATER DEVELOPMENT
UNITED STATES HOUSE OF REPRESENTATIVES
FEBRUARY 27, 1996
Mr. Chairman and members of the Subcommittee, my name is Joseph E. Lema.
I am vice president of National Mining Association's Manufacturers and Services
Division. NMA's member companies produce and process coal, metallic ores, and
nonmetallic minerals. Our member companies further include mining machinery and
equipment manufacturers, suppliers of mine-related materials, consumers of mine products,
and firms engaged in providing professional services associated with minerals production and
distribution. Reliable, timely, and efficient barge transportation services on our system of
interconnected inland and intracoastal waterways developed to enable commercial navigation
in mid- America with access to the Gulf of Mexico are key elements of our Nation's freight
transportation network for the distribution of mine products. With that in mind, NMA urges
this Subcoimnittee to approve Fiscal 1997 appropriations to start or continue construction at
key lock and dam projects focusing on elimination of traffic capacity constraints and
replacement of aged, deteriorated structures and operating equipment at critical locations on
the inland waterways system, and completion of a feasibility study on a key waterways
â– project construction at McAlpine and Olmsted on the Ohio River; Locks and
Dams 2. 3. and 4 on the Monongahela River; Winfield and Marmet on the
Kanawha River; and Kentucky Lock Addition on the Tennessee River; and
â– feasibility study of lock and dam projects on the Lower Ohio River to analyze
collective requirements for construction of improvements in the stretch from
the mouth of the River near Cairo, Illinois upstream to Louisville, Kentucky.
These projects represent sound investments in our Nation's freight infrastructure.
Annual barge traffic of approximately 620 million tons today, with coal and other mine
products accounting for 45 percent of total tonnage utilizing the waterways system, is
expected to rise by about 10 percent by 2010. Coal traffic itself is forecast to grow
22 percent. That increase in demand for barge transportation services underscores the
importance of funding priority improvement projects without delay.
A MODERN WATERWAYS SYSTEM IS A VITAL ASSET PROVIDING
FOR EFFECTIVE DISTRIBUTION OF MINE PRODUCTS
The inland waterways system already accommodated 620 million tons of barge freight
in 1994, a level which likely was exceeded in 1995 according to the U.S. Army Corps of
Engineers. Mine products represent a major share of total waterways tonnage, with coal
traffic accounting for about 30 percent of inland waterway traffic and metallic ores and
nonmetallic minerals amounting to another 15 percent of total traffic. Thus 280 million
tons of mine products, including 180 million tons of coal, are being moved armually on the
waterways. That equates to about seven to ten million truckloads or 25 to 35 thousand
trainloads of freight required to move the same tonnage had it not been carried by barge
tows, thereby substantially affecting the movement of other surface passenger and freight
traffic, increasing congestion, significantly increasing fiiel consumption for transportation
purposes, and adding more vehicle emissions due to mobile sources of pollutants to the
atmosphere. Clearly, the record shows that a modem waterways system is a vital
transportation asset to our Nation, one that contributes highly to raising fuel efficiency with
regard to the movement of freight, and lowering the amount of emissions that otherwise
would negatively impact clean air programs.
At 180 millions tons of coal moved annually on the waterways today, we have
experienced an increase of nearly 40 percent since the mid-1970's. Under the mid-range
forecast of the U.S. Army Corps of Engineers, waterways coal traffic is expected to increase
to over 220 million tons annually by 2010, a growth of more than 22 percent. In addition,
normietallic minerals such as sulphur, salt, and various aggregates generally employed for
construction purposes are forecast to rise from 86 million to more than 100 million tons
aimually in the same period, 1994 to 2010. High current volumes of barge traffic and major