Floor Statements

I thank Chairman Hastings for yielding.

Mr. Chairman, H.R. 678 is a commonsense piece of legislation to foster clean, renewable energy development, create rural jobs in America, and to do so without taxpayer cost, while returning revenues to the U.S. Treasury and, by all measures, should be considered low- hanging fruit, as our fellow Member has just noted, for congressional action.

There's been a lot of discussion on both sides of the aisle about the need to be able to pursue an all-of-the-above strategy. Hydropower, as the cleanest and most abundant natural energy source, should be at the forefront of any comprehensive natural energy policy.

Increased conduit hydropower serves a number of purposes. It produces renewable and emissions-free energy that can be used to pump water or sell electricity into the grid; it can generate revenue for the irrigation district to be able to help pay for aging infrastructure costs and facilitate modernization; and it can create local jobs and generate revenue to the Federal Government.

It's as simple as this poster demonstrates, as easy as putting a portable generator into moving canal water.

Many irrigation districts and electrical utilities seek to develop hydropower on Bureau of Reclamation pipes, ditches and canals; but regulatory uncertainty and the threat of unnecessary bureaucratic requirements stand in the way.

This legislation seeks to remove duplicative environmental analysis where doing so will considerably reduce costs for hydropower developers, while retaining the analysis necessary to protect valuable natural resources.

While the Bureau of Reclamation has recently begun to inventory facilities suitable for small conduit hydropower generation and develop directives and standards to help promote that end, for far too long, duplicative review for small hydropower projects on existing, manmade facilities rendered these projects financially unfeasible, and significant uncertainty still remains.

The generating units covered by H.R. 678 would be installed on entirely manmade waterways which have already received a full environmental review when they were built or rehabilitated. Any transmission associated with these projects that would result from the passage of this bill must still undergo full environmental review where they impact the environment. To require a lengthy review for dropping a small generator into a pipe simply defies logic, and we cannot pursue an all-of-the-above energy strategy if we continue business as usual.

In addition to creating regulatory certainty and removing duplicative processes, this legislation authorizes power development at the agency's conduits to clear up multi-Federal agency confusion and further reduces the regulatory costs associated with hydropower development. This provision of the bill will provide the necessary statutory authority to be able to reduce litigation that the agency is sure to seek under the current framework which relies on broad authorities that do not specifically authorize hydropower development.

This legislation ensures the continued use of the Bureau facilities, primarily for water supply and irrigation, and protects the interests of those maintaining and operating these facilities by offering them the first right of refusal to take advantage of small conduit energy development projects.

Non-Federal operators know the details of the facilities best and are locally invested. As a result, it's only logical to offer them the first opportunity to develop this energy on facilities that they maintain.

Additionally, those irrigation districts with preexisting arrangements with the Bureau or the Federal Energy Regulatory Commission for water delivery and hydropower development will not be disturbed by this bill.

I'm proud to have the support of the Family Farm Alliance, the National Water Resources Association, the American Public Power Association, and the National Hydropower Association, among others.

I look forward to working with my colleagues on both sides of the aisle to be able to make this public law and to start putting rural America back to work and developing clean, renewable energy.

Madam Chairwoman, I have an amendment at the desk.

Madam Chairwoman, I offer this amendment in response to the concerns of my colleagues on the other side of the aisle and at the request of the broad range of irrigation districts, water conservation and conservancy districts, and public utilities that are supporting this bill and this commonsense amendment. I'm pleased to have the support of my Democratic colleague Jim Costa on this effort and the support of the National Hydropower Association, the Family Farm Alliance, the National Water Resources Association, and the American Public Power Association.

This amendment removes the NEPA waiver in the bill and instead codifies the application of the Bureau of Reclamation's categorical exclusion process under the National Environmental Policy Act for small hydropower projects covered by this bill.

This alternative provision would still ensure streamlining the approval process for clean renewable energy and help provide certainty for investors and job creators, while providing flexibility to the Bureau to adjust to changing circumstances moving forward. By advancing these projects under the Bureau's categorical exclusion process, we ensure that all of the elements in that process are retained, including agency discretion for examining extraordinary circumstances. In addition, the amendment specifically mentions codifying the categorical exclusion process for small conduit hydropower.

This is an approach that is supported by Trout Unlimited in its March 19, 2013 letter, which states:

Congress should direct BOR to create a categorical

exclusion for small conduit hydropower.

That's exactly what this amendment does.

The use of a categorical exclusion for small conduit hydropower development can mean the difference between private investment in a public good with a multitude of benefits, and unreasonable financial costs and lengthy delays that lead to untapped potential.

My hope is that this amendment, which is broadly supported by the diverse range of groups invested in the bill who are committed to ensuring continued environmental protection, will assuage any reservations about this effort to promote clean renewable energy and allow us to be able to move forward united in our support.

I yield to the gentleman.

Reclaiming my time, I thank the gentleman for his comments.

With that, Madam Chairman, I yield back the balance of my time.

Madam Chairman, I move to strike the last word.

Madam Chairman, we've heard talk today about creating American jobs on American soil to be able to create American energy. No bill better achieves that end than H.R. 678.

The Napolitano amendment, by striking the provision altogether that she is offering, will allow no alternative to be able to streamline the projects' approval process, and this amendment literally will ensure that small investment in small hydropower projects would not be able to be achieved. I think it's important to note we're spending $1.750 trillion per year in regulatory costs in this Nation.

Now, are all regulations bad? No, they aren't. But redundant regulations which drive up costs, which inhibit our ability to be able to create jobs to be able to put Americans back to work and to be able to create clean, affordable energy should not stand in the way.

Let's put Americans back to work. Let's work together.

The purpose of my amendment is to be able to reach a reasonable compromise between the two opposing ideas in regards to the NEPA provision on manmade projects. As Chairman Hastings just ably noted, these are manmade ditches. We have no impediment that's going to be looked at when it comes to endangered species, be it fish or wildlife. This has already gone through the desired process of environmental review. So does it make good common sense to say that an area that's been reviewed that was made by men does not have to go through an additional review process in order to be able to create those jobs and to be able to create American energy? I think that's a sensible approach for us to be able to pursue.

With that, I would urge opposition and defeat of the Napolitano amendment.

Let's get this job done and let's truly work to get Americans back to work.

With that, I yield back the balance of my time.

Madam Chairwoman, I have an amendment at the desk.

Madam Chairwoman, I offer this amendment to provide technical corrections and to eliminate drafting inconsistencies between this year's bill and its counterpart in the 112th Congress.

This amendment reflects changes sought by the Bureau of Reclamation with respect to definitions, to more accurately cover intended matters and properly coincide with existing law and Bureau regulations. Furthermore, the amendment clarifies that nothing in the bill affects existing arrangements between irrigation and water districts and the Federal Energy Regulatory Commission.

I yield to the gentleman from Washington.

With that, Madam Chairwoman, I yield back the balance of my time.

Mr. Speaker, I rise today to recognize Don MacDonald of Colorado. Don

MacDonald recently retired as Manager of Energy Service from Molson Coors after a 42 year long career. After serving in Vietnam, Mr. MacDonald and his wife settled in Colorado in 1970, where he began his career with Coors in the Purchasing Department.

Mr. MacDonald acquired his undergraduate degree from Cornell College in Eastern Iowa, where he studied geology. This degree gave him the expertise to support Coors' vertical integration efforts in energy exploration and production. Mr. MacDonald worked tirelessly for several decades on the energy side of Coors business and played a major role in the company's involvement with oil and gas operations, coal exploration and production and the promotion of energy efficiency.

Most recently, Mr. MacDonald spearheaded the reclamation of one of Coors' coal properties. As he moves into retirement, Mr. MacDonald keeps busy with his involvement in the Evergreen Rodeo and his passion for the theater arts.

Although, Mr. MacDonald's professional accomplishments alone are memorable, it is his personality and friendship that will be missed most by his colleagues. Mr. Speaker, it is an honor to recognize Mr. MacDonald for all the incredible work he did for Molson Coors of Colorado.

Offered By: Mr. Tipton

Amendment No. 2: Page 4, line 4, insert ``(A)'' after

``(2)''.

Page 4, lines 8 and 10, strike ``work'' and insert

``conduit''.

Page 4, line 13, after ``offer'' insert ``for a small

conduit hydropower project''.

Page 4, after line 13, insert the following:

``(B) If the irrigation district or water users association

elects not accept a lease of power privilege offer under

subparagraph (A), the Secretary shall offer the lease of

power privilege to other parties in accordance with this

subsection.''.

Page 4, line 21, after ``hydropower'' insert ``policy and

procedure-setting''.

Page 5, line 18 strike ``involved, and'' and all that

follows though line 25 and insert the following ``involved.

The Secretary shall notify and consult with the irrigation

district or water users association operating the transferred

conduit before offering the lease of power privilege and

shall prescribe terms and conditions that will adequately

protect the planning, design, construction, operation,

maintenance, and other interests of the United States and the

project or division involved.''.

Page 6, after line 4, insert the following:

``(8) Nothing in this subsection shall alter or affect any

existing preliminary permit, license, or exemption issued by

the Federal Energy Regulatory Commission under Part I of the

Federal Power Act (16 U.S.C. 792, et seq.) or any project for

which an application has been filed with the Federal Energy

Regulatory Commission as of the date of the enactment of the

Bureau of Reclamation Small Conduit Hydropower Development

and Rural Jobs Act.''.

Page 6, line 5, strike ``(8)'' and insert ``(9)''.

Page 6, strike lines 14 through 20, and insert the

following:

(B) Irrigation district.--The term ``irrigation district''

means any irrigation, water conservation or conservancy,

multicounty water conservation or conservancy district, or

any separate public entity composed of two or more such

districts and jointly exercising powers of its member

districts.

Page 6, line 21, strike ``work'' and insert ``conduit''.

Page 6, line 22, strike ``work'' and insert ``conduit''.

Page 7, line 3, strike ``work'' and insert ``conduit''.

Page 7, line 4, strike ``work'' and insert ``conduit''.

Offered By: Mr. Tipton

Amendment No. 3: Page 4, strike lines 14 through 18, and

insert the following:

``(3) The Bureau of Reclamation shall apply its categorical

exclusion process under the National Environmental Policy Act

of 1969 (42 U.S.C. 4321 et seq.) to small conduit hydropower

development under this subsection, excluding siting of

associated transmission facilities on Federal lands.

Mr. Speaker, a ``balanced approach'' should not be hardworking Americans give and government takes. This year, the Federal Government will collect a record $2.7 trillion. Federal spending will far surpass this. Continuing to increase revenue while Federal spending grows, with no end in sight, is not a balanced approach. The balanced approach that we should pursue is a budget that balances and a budget that protects the present and builds for the future.

We're presenting a budget that moves to that end and actually balances by slowing the rate of spending increases. This is a concept that the Washington elite will label as extreme. Yet this is a concept that American families call common sense, and something they do every week. American families have watched government grow and their budget shrink. That's not right.

Why is a budget that balances important for the American people? The answer is found in examples that we see now going on in Western Europe. Governments that overspend and, as a result, underperform hurt the people that they're designed to help the most. Our budget will prevent this type of financial crisis from happening in our country. It will keep the promises to our families and seniors and protect the future of the American Dream.

Mr. Speaker, the record is clear: the House of Representatives has acted responsibly. We've passed two pieces of legislation to be able to deal with sequestration and to be able to deal with it in a responsible way. The question yet to be answered is: Will the Senate, will the administration rise with us to be able to meet that challenge?

Right now, an American family making $50,000 a year is taking about $1,000 less home because of the expiration of the payroll tax deduction. That's a mortgage payment, books for school, a couple of months' worth of groceries. In fact, they're now under the highest tax burden since the year 2008. Families are making sacrifices while government continues to increase spending. Many Federal agencies and programs will actually receive more in their budgets this year, and the government will collect more tax revenue than ever before--$2.7 trillion.

One of the major problems with the President's sequester is not that it initiates needed reductions in Federal spending but that its unwieldy nature casts a broad shadow of uncertainty with regards to how those cuts will be implemented. We need responsibility. This House has acted. We call on the Senate and the administration to join us.

As we begin the 113th Congress, it is time that this Congress does what hardworking families and small businesses across our country do every day: balance our budget and actually work within a budget. We have families right now that are struggling. The impacts of this Congress and its inability to be able to have its fiscal house in order cannot be overstated when it comes to hurting those families and small businesses.

We're going to be putting forward legislation to make sure that that debt ceiling will be increased for a temporary period of time, but with the requirement that this House and our counterparts in the United States Senate actually pass a budget for the American people. If we can't do that, then we as Members of Congress don't deserve to be paid. No budget, no pay. This is common sense--to stand up for the American people to make sure that we are getting this fiscal house in order and looking out for our children and for our grandchildren.

``No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years and been fourteen years a resident within the United States.

``The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.''

Mr. Speaker, I would like to thank the gentleman from Texas for this time.

I think it's important for us to understand the importance of this legislation and the opportunity that this literally presents for the protection of our wives and our daughters across this Nation.

I visited with Jayann Sepich. Her daughter Katie literally had to fight for her life. And the only evidence after her body was discovered, raped and burned in a garbage dump, was the DNA collected under those fingernails. While we now have the empirical evidence, had Katie's law been in place at that time, we could have saved an additional 13 lives: 12 women who were raped and murdered and another who was pregnant with child. That is the importance, and the timeliness, as well, of moving forward with this legislation.

In the State of Colorado, we've taken perpetrators off the streets. In fact, one of the challenges that we often don't discuss is not just future events that could potentially happen, but bringing resolution to families who have lost a loved one: solving cold cases. In the State of Colorado, we've now had 398 people identified for past crimes, those unsolved murders that haunt families.

This is a piece of legislation that's revenue neutral for Americans, a piece of legislation that's going to provide that opportunity for other States to do what Colorado has been able to accomplish, to be able to pass legislation that is going to stand up and protect our daughters and our wives from violent predators who are impacting families across this country.

The time is now. It is of essence. We are approaching the 10th anniversary of the death of Katie Sepich. I would see no greater tribute to her, her mother and father, and all families across this country, than to put forward this legislation, allow it to pass, to move forward, and to be able to do the right thing.

This legislation is designed so well that when we look at those identifiers, it is the 21st century fingerprint. We cannot tell the color of skin, and we cannot tell the color of hair. It is just an identifier for who the person is. It's well thought out, and it's important. I believe our daughters, our wives, and our mothers count on this type of practical legislation. I urge its adoption.

I thank the gentlelady from Tennessee for this time and for her leadership on this important issue for every American.

I'm glad to hear my colleagues continue to talk about the real issue that we face in this country. We did not tax our way to a $16.3 trillion debt in this Nation. The Federal Government spent its way into that debt. The responsibility that we need to have that comes from the Show-Me State of Missouri in terms of commonsense proposals is something that needs to be heard in Washington, D.C.

This President has been focused on raising taxes. He is implying that Washington, D.C., needs the money more than our people at home. Well, if you come into my district, the Third Congressional District of Colorado, we go to Pueblo, and the real unemployment rate is now at better than 20 percent. My second largest community, Grand Junction, Colorado, the real unemployment level is at 19.5 percent.

My folks aren't looking for an unemployment check. They're looking for a paycheck. They're looking for responsibility out of Washington. And when we are looking at this fiscal challenge that we face, this fiscal abyss, a fiscal black hole which is engulfing the economy of the United States, we need that responsibility out of Washington.

But how are our dollars being spent? Are they being spent wisely or does Washington continue to waste the efforts and the hard-earned capital of the American people? Let me give you a few examples.

We had $700,000 that came out of the pockets of hardworking Americans to be able to conduct a study on methane gas from dairy cows. Now, the gentlelady from Tennessee, you've got a few dairy operations in your State. I think we could have saved $700,000. It comes naturally. We need common sense when it comes to handling the American taxpayers' dollars.

We had another $137,530 of American taxpayer dollars that was used to be able to create a video game called ``Layoff.'' That's what the policies of this administration have literally yielded. We are not growing the economy, putting people back to work.

As we approach this Christmas season, we have families across the country right now that are hoping to be able to provide for their children. We can create that certainty by addressing an unwieldy regulatory process that's inhibiting our ability to be able to create jobs. And if Washington needs revenues--and we know that government needs revenue to carry out specific functions--let's get the American people back to work, those folks in Pueblo and Grand Junction, Colorado, who actually want to be able to have a job.

But we need to be very concerned, once again, about where's that waste of the Federal dollars going. The gentlelady from Tennessee noted that $1.5 trillion of the debt of this country is owed to China. So what did the United States do? We sent 17.8 million American dollars for China to be able to study environmental programs and social programs in China. So effectively, what we did, we borrowed money from China to be able to send it back to China to be able to study problems there. Let's get Americans back to work.

We took another $2.6 million to be able to train Chinese prostitutes not to drink too heavily. I think we have a better use for American dollars.

Right now, America is facing a fiscal challenge, a fiscal abyss. The problem resides not with Americans being taxed too little but government spending too much. We have a caucus that's dedicated to getting Americans back to work, to bring fiscal sanity into the process, and to never, ever forget it is not Washington, D.C.'s money. It's the American people's money. Let's stand up for them first rather than for more and bigger government.

Mr. Speaker, I rise today in honor of Howard Greagor. Mr. Greagor is a treasured local historian and has published six books on the Western way of life in southwestern Colorado.

Mr. Greagor was born in Colorado in 1924 and has lived here all his life. As a former cattle rancher, newspaper contributor, and published author, Mr. Greagor commands a deep understanding of the issues and lifestyle defining southwestern Colorado. In 1965, Mr. Greagor began writing short stories which were later compiled into his first book, In the Company of Cowboys, published in 1990. Since then, Mr. Greagor has put his extensive knowledge of Western life to good use in a collection of books that informs all who are interested in the origin of community traditions like Pioneer Day.

When he is not busy writing, researching, and marketing his books, Mr. Greagor enjoys time with his large family including his wife Betty with whom he has been happily married for more than 60 years, and his many children, grandchildren, and great-grandchildren.

Mr. Speaker, it is a privilege to recognize Howard Greagor. I rise today in honor of his contributions to the preservation of southwestern Colorado history and his accomplishments as a Western author.

I thank Chairman Bishop for yielding. Chairman Bishop, I would also like to thank you for your leadership in leading the efforts on this important piece of legislation.

The Upper Colorado and San Juan River Basins provide key water and

power resources in the Third Congressional District of Colorado and other districts in Colorado, Wyoming, Utah, Arizona, and New Mexico. These rivers are also home to four native fish species at risk of a ``jeopardy'' finding under the Endangered Species Act. Such a finding would impose on western constituents dramatic losses in water availability and hydropower reduction, resulting in lost jobs and increased power rates at a time when we can least afford it.

The Endangered Fish Recovery Act of 2012 extending the authorization for the Upper Colorado and San Juan Fish Recovery Implementation programs will continue necessary efforts to recover four endangered fish species and provide compliance for Federal, tribal, and non- Federal water projects. These programs are supported by a broad swath of stakeholders, from local towns and counties to environmental groups and private industry, and are excellent examples of local solutions in lieu of onerous Federal management and overregulation.

I'm also pleased to see the cost reforms in this extended authorization. H.R. 6060 limits overhead to 3 percent and prohibits Federal employees from traveling to Washington, D.C., to lobby for their programs--activities well beyond the bounds of their purview. These cost savings and their measures will allow for greater allocation of resources to species recovery.

I'm optimistic that these programs can reach their goals in the coming year, recover the species in jeopardy, and safeguard the economic well-being of our communities, jobs, and everything connected with these efforts.

Mr. Speaker, I rise today to recognize Captain Leide William DeFusco of Pueblo, Colorado. Capt. DeFusco served as a police officer, SWAT team member and field training officer for over twenty years. Capt. DeFusco was tragically killed in the line of duty, while conducting a narcotics investigation over the San Isabel Forest.

Born in Pueblo on September 15, 1968, Capt. DeFusco attended Trinidad State Junior College, where he was elected Student Body President and graduated with a degree in criminal justice. Capt. DeFusco then accepted a position at the Pueblo County Sheriff's Office, and excelled as a dedicated officer, trainer and detective.

Later, Capt. DeFusco achieved the rank of Commander in the SWAT team and succeeded as a lead instructor. Capt. DeFusco leaves behind his wife, Wendy, four beloved children and a host of family and friends, including those fellow officers with whom he was proud to serve.

Mr. Speaker, it is an honor to recognize Capt. Leide William DeFusco. I rise today on behalf of the citizens of Colorado's 3rd Congressional District, who are proud to call such a courageous man one of their own.

Mr. Speaker, I rise today to recognize Captain John Altee Barger of Pueblo, Colorado. Capt. Barger was a thirty-two year veteran of the Pueblo Police Department and an avid pilot. Capt. Barger was tragically killed in the line of duty, while conducting a narcotics investigation over the San Isabel Forest.

Born in Goodland, Kansas on April 17, 1948, Captain Barger served as a Patrol Officer in the Pueblo Police Department, and achieved much success there as a Commander in the SWAT team. A detective at heart, Capt. Barger also served in the Investigations Division for eleven years, where his instincts for solving crimes were put to great use.

Additionally, Captain Barger, with the help of his fellow SWAT officers, won the Soldier of Fortune shooting competition in Nevada--an award he cherished. Capt. Barger leaves behind a son and numerous other family and friends, including the officers with whom he served.

Mr. Speaker, it is an honor to recognize Capt. John Altee Barger. I rise today on behalf of the citizens of Colorado's 3rd Congressional District, who are proud to call such a courageous man one of their own.

I thank the gentleman for yielding.

Mr. Speaker, I think that we all struggle to be able to find words to be able to address a flash point in time in the city of Aurora to where we saw the absolute worst of humanity in the senseless slaughter of innocent people. But we also saw the best of humanity as people rose to be able to protect their loved ones, as we saw emergency service personnel rush to the scene to be able to operate in the hospitals where doctors and nurses fought valiantly to be able to preserve life.

As we look back on that day, we can't help but be reminded that too many lives were cut short, and chapters that were yet to be written needlessly and mindlessly were cut off.

The hearts of all Coloradans and, in fact, what we've seen demonstrated on this floor I think speaks to the heart of this country, as people rose as one to be able to express their empathy and their concern. We saw neighbors and strangers reaching out and helping hands all praying for that opportunity and ability to be able to find the right words, if there could ever be such words, to offer some modicum of comfort to those who suffered such a tragic loss.

This is a date that certainly our State and the people of Aurora will never forget. It has touched each and every one of our hearts, and you can not help but condemn, obviously, the act. But each one of us, I think, this day and for days, weeks, months, and years to come, will continue to offer up prayers for those who lost their lives, for the families that were affected, and our thanks, our thanks for those who showed such love and concern, and for all the emergency service personnel who were there to defend people who just were out for a good evening.

Mr. Speaker, I applaud this resolution and this Colorado delegation's standing together today to be able to express this and thank this House for the support that they've shown, as well, for the people of Colorado.