Legislative Hearing on the following bills: • H.R. 231 (Rep. Hageman), “Colorado River Basin System Conservation Extension Act of 2025”; • H.R. 261 (Rep. Carter of GA), “Undersea Cable Protection Act of 2025”; • H.R. 331 (Rep. Fulcher), To amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances for aquifer recharge purposes; • H.R. ___ (Rep. Stansbury), “WaterSMART Access for Tribes Act.”

House Subcommittee on Water, Wildlife and Fisheries

2025-01-23

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Source: Congress.gov

Summary

The Subcommittee on Water, Wildlife, and Fisheries convened its first legislative hearing of the 119th Congress to consider four legislative measures: HR 2031, HR 261, HR 331, and the Water Smart Access for Tribes Act [ 00:21:55-00:22:19 ]

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. The hearing included opening statements from Chair Hageman and Ranking Member Hoyle, followed by testimonies from bill sponsors and expert witnesses .

Themes

Colorado River Basin System Conservation Extension Act of 2025 (HR 2031 / HR 231)

This bill, sponsored by Chair Hageman, aims to reauthorize the Colorado River Basin System Conservation Pilot Program (SCPP) through fiscal year 2026 and require a report on its effectiveness by September 30, 2027 [ 00:24:07-00:24:07 ]

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. The SCPP supports voluntary, compensated water conservation projects to mitigate drought impacts in the Colorado River Basin, a highly regulated system experiencing long-term drought conditions [ 00:24:26-00:24:33 ]

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. While not a permanent solution, it serves as a tool for Upper Basin states to reduce risk and test innovative water management strategies [ 00:24:58-00:25:09 ]

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. Mr. Nathan Thayn, a farmer from Utah, testified in favor, highlighting how the program has allowed his family farm to conserve water, improve soil health, and generate financial returns through rotational fallowing, viewing conserved water as a "cash crop" . He emphasized the program's benefits for farmers, the state, and downstream neighbors, while calling for more flexible, long-term policies .

Water Smart Access for Tribes Act

Sponsored by Representative Stansbury, this legislation proposes allowing the Secretary of the Interior to reduce or waive cost-share requirements for tribal governments participating in the Reclamation's Water Smart program . This program funds infrastructure improvements for water conservation and efficiency, but tribes often face financial barriers to access it . Mr. Dwight Witherspoon of the Navajo Nation strongly supported the bill, noting that 30-40% of Diné homes lack access to running water, and the nation's unique tax base limitations make meeting cost-share requirements challenging [ 00:38:20 ]

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. He explained the immense and urgent water needs in tribal communities, where citizens often haul water for basic needs, incurring significant economic and physical burdens . The bill is seen as a crucial tool to unlock resources for tribal water security and infrastructure .

Aquifer Recharge Flexibility Act Amendments (HR 331)

This bill, sponsored by Congressman Fulcher, aims to clarify the Aquifer Recharge Flexibility Act to ensure that third parties, such as the Idaho Water Resources Board, can use existing Bureau of Land Management (BLM) rights-of-way to transport water for aquifer recharge without requiring additional authorization from the Secretary [ 00:25:18-00:25:18 ]

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. The intent is to streamline the development of aquifer recharge programs, which are critical for stabilizing and recovering aquifers like Idaho's Eastern Snake Plain Aquifer (ESPA) . Mr. Wesley Hipke from the Idaho Department of Water Resources testified that the BLM's current interpretation of the Act (applying only to right-of-way owners, not third parties) creates an onerous process that could severely delay vital recharge projects . Concerns were raised by Ranking Member Hoyle and Mr. Huffman about the bill's classification of these projects as "not a major federal action," exempting them from NEPA review and potentially limiting community and tribal input [ 00:27:42 ]

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.

Undersea Cable Protection Act (HR 261)

This legislation, sponsored by Congressman Buddy Carter, seeks to prevent the Secretary of Commerce from requiring additional permitting for fiber optic cable projects in national marine sanctuaries if they have already received authorization from another federal or state agency . Proponents argue that undersea cables are critical infrastructure, transmitting 99% of intercontinental data and $10 trillion in financial transfers daily, essential for national and economic security . Ms. Denise Toombs, advisor to the International Connectivity Coalition, highlighted the redundancy of NOAA's special use permits (SUPs) given existing robust permitting processes and the regulatory uncertainty caused by their five-year terms, which discourages investment and diverse routing . However, Ranking Member Hoyle and Mr. Huffman expressed significant concerns that the bill could undermine the protection of national marine sanctuaries, potentially exempting companies from environmental impact assessments, fair market fees, and liability for damages [ 00:28:02 ]

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Tone of the Meeting

The meeting reflected a mix of bipartisan cooperation and significant policy disagreements . There was broad support for addressing tribal water needs and for voluntary conservation efforts in the Colorado River Basin [ 00:27:13 ]

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. However, strong concerns were voiced by Democratic members regarding potential exemptions from environmental reviews (NEPA) and the perceived erosion of NOAA's authority and ability to collect fair market fees for use of national marine sanctuaries, specifically pertaining to the Aquifer Recharge Flexibility Act and the Undersea Cable Protection Act [ 00:27:42 ]

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. The discussions highlighted a tension between streamlining regulatory processes for economic and national security interests and maintaining robust environmental protections and local oversight .

Participants

Transcript

Thank you.
Thank you.
Thank you.
The Subcommittee on Water, Wildlife, and Fisheries will come to order.  Good morning, everyone, and I want to welcome the members, the witnesses, and our guests in the audience for today's hearing.  Without objection, the chair is authorized to declare recess of the subcommittee at any time.   Under Committee Rule 4F, 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 be made part of the hearing record if they are submitted in accordance with Committee Rule 3O.  Without objections, so ordered.   I also ask unanimous consent that the Congressman from Idaho, Mr. Fulcher, and the Congressman from Georgia, Mr. Carter, be allowed to participate in today's hearing.  Without objection, so ordered.   We are here today to consider four legislative measures.  HR 2031, the Colorado River Basin System Conservation Extension Act of 2025, sponsored by myself.  HR 261, the Undersea Cable Protection Act of 2025, sponsored by Representative Carter of Georgia.  HR 331, to amend the Aquifer Recharge Flexibility Act to clarify a provision relating to conveyances   for aquifer recharge purposes sponsored by Representative Fulcher of Idaho and the Water Smart Access for Tribes Act sponsored by Representative Stansbury of New Mexico.  I now recognize myself for a five-minute opening statement.   Again, I want to welcome everyone to the Committee on Natural Resources' first legislative hearing of the 119th Congress.  There are several new faces at the subcommittee, and for those of you who don't know me, my name is Harriet Hageman, and I represent the great state of Wyoming.   I am a litigator by trade and have spent my career challenging federal overreach, protecting water and property rights, exposing federal land and wildlife mismanagement, and fighting back against the unconstitutional and unlawful acts of unelected bureaucrats.
I am very honored to serve as the chair for the Subcommittee on Water, Wildlife, and Fisheries.  I also want to thank Congressman Bentz for his leadership of the subcommittee during the past two congresses.   Today, the subcommittee will consider four bills.  Three of these center on the Bureau of Reclamation's work in the West.  First, we have H.R.  231, which I sponsored and would reauthorize the Colorado River Basin System Conservation Pilot Program, or SCPP, through fiscal year 2026.   Colorado River Basin is one of the most developed, regulated, and negotiated rivers in the United States and in our history.  I know, I've done a lot of work in that basin.  It has numerous diversions, several major dams, and is managed through multiple compacts, laws, regulatory guidelines, contracts, court decisions, and decrees.  The basin is also experiencing long-term drought conditions.   While many actions have been taken to address drought in the basin, my legislation seeks to reauthorize a program that has demonstrated that voluntary compensated water conservation projects can conserve water for Colorado River system storage to help mitigate the impacts of the drought.   To be clear, this program is not and should not be viewed as a permanent solution to addressing the drought conditions in the basin.  However, at this time, it is a tool that the upper basin states can use to reduce risk to test new innovative water management strategies.   While we are not discussing broader Colorado River basin issues today, I do want to say that this committee is committed to working with the Trump administration, the tribes, the seven basin states, their congressional delegation, and stakeholders to find a post-2026 solution.   Our second bill, HR331, sponsored by Congressman Fulcher, clarifies the intent of the Aquifer Recharge Flexibility Act to ensure that the Bureau of Land Management understands that third parties, such as the Idaho Water Resources Board, who is testifying before us today, can utilize a right-of-way to transport water for aquifer recharge purposes.
Our third reclamation bill   is sponsored by Congresswoman Stansberry and would allow the Secretary of the Interior to reduce or waive cost share requirements for tribal governments under Reclamation's Water Smart program.  This program, which is already oversubscribed, helps fund infrastructure improvement projects such as canal lining or piping to conserve and use water more efficiently.   Our fourth bill, HR 261, sponsored by Congressman Buddy Carter, would prevent the Secretary of Commerce from requiring additional permitting for fiber optic cable projects that go through a national marine sanctuary if they have already been authorized by a federal or state agency.   Undersea networks are a major component of our global connectivity.  Enhancing the security of these cables and promoting rather than detouring their deployment and maintenance will protect our national and economic security and ensure that we are connected to the rest of the world.   Again, I want to take the time to thank our witnesses for being here today, and I look forward to a robust conversation.  I now recognize Ranking Member Hoyle for her opening statement, and I want to say that I look forward to working with you during the 119th Congress as we move forward on these important issues.  Thank you, Chair Hageman.
Good afternoon, everyone.  Well, it's not afternoon, is it?  It's morning.  Good morning, everyone.  I'm excited to serve as ranking member of the Water, Wildlife and Fisheries Subcommittee, and I look forward to working with Chair Hageman on protecting America's natural resources.  I also want to thank Chair Bentz for his service, and it just made sense that we'd have another Oregonian in leadership on this committee as water is so critically important in the Pacific Northwest and in this country.

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