Hearings to examine the nominations of Sean McMaster, of Virginia, to be Administrator of the Federal Highway Administration, Department of Transportation, John Busterud, of California, to be Assistant Administrator, Office of Solid Waste, Environmental Protection Agency, and Adam Telle, of Mississippi, to be an Assistant Secretary of the Army, Department of Defense.

1[Senate Hearing 119-310]2[From the U.S. Government Publishing Office]34                                                        S. Hrg. 119-31056                HEARING ON THE NOMINATIONS OF SEAN7               MCMASTER TO BE ADMINISTRATOR OF THE8               FEDERAL HIGHWAY ADMINISTRATION, JOHN9               BUSTERUD TO BE ASSISTANT ADMINISTRATOR10               FOR THE OFFICE OF SOLID WASTE OF THE11               ENVIRONMENTAL PROTECTION AGENCY, AND12               ADAM TELLE TO BE ASSISTANT SECRETARY13               OF THE ARMY FOR CIVIL WORKS14=======================================================================1516                                HEARING1718                               BEFORE THE1920                              COMMITTEE ON21                      ENVIRONMENT AND PUBLIC WORKS2223                          UNITED STATES SENATE2425                    ONE HUNDRED NINETEENTH CONGRESS2627                             FIRST SESSION2829                               __________3031                              MAY 14, 20253233                               __________3435  Printed for the use of the Committee on Environment and Public Works3637  [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]3839        Available via the World Wide Web: http://www.govinfo.gov4041                                __________4243                   U.S. GOVERNMENT PUBLISHING OFFICE4462-951                    WASHINGTON : 202645=======================================================================4647               COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS4849                    ONE HUNDRED NINETEENTH CONGRESS5051                             FIRST SESSION5253             SHELLEY MOORE CAPITO, West Virginia, Chairman54            SHELDON WHITEHOUSE, Rhode Island, Ranking Member5556KEVIN CRAMER, North Dakota           BERNARD SANDERS, Vermont57CYNTHIA M. LUMMIS, Wyoming           JEFF MERKLEY, Oregon58JOHN R. CURTIS, Utah                 EDWARD J. MARKEY, Massachusetts59LINDSEY O. GRAHAM, South Carolina    MARK KELLY, Arizona60DAN SULLIVAN, Alaska                 ALEX PADILLA, California61PETE RICKETTS, Nebraska              ADAM B. SCHIFF, California62ROGER F. WICKER, Mississippi         LISA BLUNT ROCHESTER, Delaware63JOHN BOOZMAN, Arkansas               ANGELA D. ALSOBROOKS, Maryland64JON HUSTED, Ohio6566               Adam Tomlinson, Republican Staff Director67                  Dan Dudis, Democratic Staff Director6869                            C O N T E N T S7071                              ----------72                                                                   Page7374                              MAY 14, 202575                           OPENING STATEMENTS7677Capito, Hon. Shelley Moore, U.S. Senator from the State of West78  Virginia.......................................................     179Whitehouse, Hon. Sheldon, U.S. Senator from the State of Rhode80  Island.........................................................     38182                               WITNESSES8384Hon. Hagerty, Bill, U.S. Senator, State of Tennessee.............     485Telle, Adam, Nominee to be Assistant Secretary of the Army for86  Civil Works....................................................     687    Prepared statement...........................................     988    Responses to additional questions from:89        Senator Sullivan.........................................    1690        Senator Ricketts.........................................    1891        Senator Whitehouse.......................................    1992        Senator Padilla..........................................    2393        Senator Alsobrooks.......................................    2594McMaster, Sean, Nominee to be Administrator of the Federal95  Highway Administration.........................................    2696    Prepared statement...........................................    2897    Responses to additional questions from:98        Senator Sullivan.........................................    3099        Senator Whitehouse.......................................    30100        Senator Markey...........................................    31101        Senator Padilla..........................................    32102        Senator Alsobrooks.......................................    33103Busterud, John, Nominee to be Assistant Administrator for the104  Office of Solid Waste of theEnvironmental Protection Agency....    35105    Prepared statement...........................................    37106    Responses to additional questions from:107        Senator Sullivan.........................................    40108        Senator Padilla..........................................    41109        Senator Alsobrooks.......................................    41110111                          ADDITIONAL MATERIAL112113Letter to U.S. Senate Committee on Environment & Public Works,114  Statement for the Record of support for Adam Telle from Senator115  Britt..........................................................    66116Letter in Support for Adam Telle to Senator Capito and Senator117  Whitehouse from Associated General Contractors of America......    78118Letter in support for Sean McMaster to Senator Capito and Senator119  Whitehouse from:120    American Trucking Associations...............................    67121    Association of Equipment Manufacturers.......................    68122    American Association of State Highway and Transportation123      Officials..................................................    69124    American Cement Association..................................    71125    American Council of Engineering Companies....................    72126    Associated General Contractors of America....................    73127    American Road & Transportation Builders Association..........    74128    National Association of County Engineers.....................    75129    National Stone, Sand, & Gravel Association...................    76130    Owner-Operator Independent Drivers Association...............    77131132HEARING ON THE NOMINATIONS OF SEAN MCMASTER TO BE ADMINISTRATOR OF THE133     FEDERAL HIGHWAY ADMINISTRATION, JOHN BUSTERUD TO BE ASSISTANT134   ADMINISTRATOR FOR THE OFFICE OF SOLID WASTE OF THE ENVIRONMENTAL135PROTECTION AGENCY, AND ADAM TELLE TO BE ASSISTANT SECRETARY OF THE ARMY136                            FOR CIVIL WORKS137138                              ----------139140                        WEDNESDAY, MAY 14, 2025141142                                       U.S. Senate,143                 Committee on Environment and Public Works,144                                                    Washington, DC.145    The committee met, pursuant to notice, at 10:30 a.m. in146room 562, Dirksen Senate Office Building, Hon. Shelley Moore147Capito (chairman of the committee) presiding.148    Present: Senators Capito, Whitehouse, Cramer, Lummis,149Sullivan, Ricketts, Wicker, Boozman, Husted, Markey, Kelly,150Padilla, Blunt Rochester, Alsobrooks.151152        OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO,153          U.S. SENATOR FROM THE STATE OF WEST VIRGINIA154155    Senator Capito. Everybody is bright and right on time, so I156will call this hearing to order.157    This morning, we will hear from three of President Trump's158important nominees. I want to first welcome Mr. Sean McMaster,159President Trump's nominee to serve as Administrator of the160Federal Highway Administration or better known as FHWA. FHWA is161an operating administration within the U.S. Department of162Transportation, responsible for providing technical support, we163lean on them a lot, and funding to States and local entities.164    The funding provided by FHWA is critical to facilitating165the design and construction of improvements to our surface166transportation network. These improvements enable the safe and167reliable movement of people and goods, which enhances our168quality of life and supports economic growth.169    Mr. McMaster's relevant professional experience makes him170well qualified to serve as Administrator. He brings more than17110 years of government service, working in the U.S. House of172Representatives and at Federal agencies, including the U.S.173Department of Transportation.174    Since mid-2020, Mr. McMaster has worked for two private175sector transportation companies. First, he served as a National176Practice Consultant and Vice President at Transportation177Infrastructure Design Firm, HNTB, and most recently, he served178as the Vice President for Commercial Aviation and179Transportation at The Boeing Company.180    One challenge that the FHWA Administrator must quickly181tackle is the significant backlog of announced grants that do182not have signed grant agreements in place. This inherited183workload will require diligence and collaboration to resolve. I184am hopeful that if Mr. McMaster is confirmed, his experience185and leadership at FHWA will accelerate that process.186    This Committee also looks forward to working with FHWA and187others on the long-term, bipartisan surface transportation188reauthorization bill.189    Next, I want to welcome Mr. John Busterud, President190Trump's nominee to lead the EPA's Office of Land and Emergency191Management, better known as OLEM. Mr. Busterud's exceptional192experience has prepared him to lead OLEM and tackle some of our193Nation's most pressing environmental challenges.194    Following a 31-year environmental legal career, he served195as Regional Administrator of the EPA's Pacific Southwest196Region. Mr. Busterud also served our Country with distinction197as an officer in the U.S. Army, deploying many times, and198retiring as a decorated Colonel after 23 years of service.199    OLEM's statutory responsibilities place it at the center of200EPA's core mission: protecting our air, land, and water. If201confirmed, Mr. Busterud will oversee programs that directly202impact Americans' health and the environment, such as203remediating PFAS contamination, cleaning up Superfund sites,204and revitalizing brownfields.205    Addressing PFAS contamination, which affects communities in206my State of West Virginia and across this Country, is a207priority of mine. The EPA recently announced an agency-wide208PFAS strategy and OLEM will play a major role in ensuring its209success.210    OLEM is also responsible for cleaning up Superfund sites,211which are some of the Nation's most contaminated sites. This212Committee recently heard about the challenges with cleaning up213Superfund sites and there is bipartisan support to improve the214program's efficiency. I look forward to working with Mr.215Busterud to implement key reforms to ensure faster and more216cost-effective Superfund cleanups.217    Finally, I want to welcome Mr. Adam Telle, President218Trump's nominee to be the Assistant Secretary of the Army for219Civil Works. Mr. Telle is well suited to lead the Army Corps of220Engineers' Civil Works program based on his two decades of221public service in the U.S. Senate, including as my clerk for222the Homeland Security Subcommittee and as a Special Assistant223to the President in the first Trump Administration.224    Mr. Telle has seen first-hand how the Army Corps' response225to natural disasters can help communities withstand significant226weather events and then recover from them.227    The Army Corps does critical work across the Nation through228its navigation, flood risk management, and ecosystem229restoration missions. This work protects the lives and230livelihoods of millions of Americans and facilitates commerce231throughout our Country and internationally.232    If confirmed, Mr. Telle will also play an integral role in233implementing biennial water resources development legislation,234better known to all of us on committee as Water Resources235Development Act, WRDA. WRDA authorizes numerous feasibility236studies and projects, and directs the Army Corps to carry out237various activities to address our Nation's water resources238needs.239    I look forward to working with Mr. Telle to ensure the240timely implementation of these laws consistent with241congressional intent.242    I look forward to hearing from all the nominees this243morning about their experiences and the issues that they will244prioritize if confirmed to lead these agencies.245    With that, I recognize Ranking Member Whitehouse for his246opening statement.247248         OPENING STATEMENT OF HON. SHELDON WHITEHOUSE,249          U.S. SENATOR FROM THE STATE OF RHODE ISLAND250251    Senator Whitehouse. Thank you, Chair Capito. We are here252today to entertain nominations for top posts at the Federal253Highway Administration, the Army Corps of Engineers and the EPA254Office that administers the Brownfields and Superfund programs.255Those responsibilities are particularly relevant to three major256pieces of committee legislation that I hope we can pass this257Congress: WRDA reauthorization, Surface Transportation258reauthorization, and comprehensive permitting reform.259    I believe Chair Capito and I can continue the good260bipartisan work this committee is known for in areas for which261these three nominees will have direct executive responsibility.262    Here is the rub. None of these bipartisan bills will matter263if Congress' Article I authorization and appropriation power is264not respected. This administration has repeatedly, unlawfully265disrespected congressionally authorized and appropriated266spending. I am happy to see that DOT appears to be making267progress obligating money to previously awarded discretionary268grants. I thank the Chair for her diligent pursuit of that269progress as well.270    However, the National Electric Vehicle Infrastructure271Program remains paused and stuck in limbo. At the Army Corps,272erratic, inconsistent and opaque administration of its Clean273Water Act permitting program creates uncertainty for the274regulated community at large, and for renewable energy project275developers in particular, undermining core principles of276fairness and neutrality in the Corps' permitting program.277    I have called to restore integrity and transparency to the278Corps' permitting program and to evaluate each permit action on279its own merits in accordance with law and regulation, with no280response. EPA, where even to begin? Administrator Zeldin281continues his assault on clean air and clean water despite his282promises to us in this committee to protect air and water.283    His list of congressionally authorized and appropriated284funding that EPA insists on continuing to hold hostage is too285long to list here today. Obviously, the biggest target is the286Greenhouse Gas Reduction Fund, where Administrator Zeldin and287his enablers at DOJ continue to set themselves up for legal and288professional liability in the way they conduct their assault on289that program.290    I have told my team to start work on common sense291bipartisan legislation in all three areas. The gateway to292success to ultimately passing those bills is confidence that293this administration will faithfully execute the laws we pass294and clear the projects we have already approved, appropriated,295and obligated. It will not work in permitting reform, for296instance, to exclude wind and solar from the very definition of297the word energy, violating not just the law but the dictionary.298    I should add in closing that we are also now faced with an299effort to use the congressional Review Act to disapprove three300Clean Air Act waivers granted by EPA to the State of California301that have existed for many years, even though the302Parliamentarian has already ruled that these waivers are not303rules, as required for the Community Reinvestment Act, CRA. A304decision to overrule her on this matter to deploy the nuclear305option will have real consequences.306    The misuse of the CRA to undo long ago past policies adding307to the nuclear option of overruling the Parliamentarian opens308up an immense can of worms, and the Senate floor will not be309the same if this is where we go. Overruling the Parliamentarian310is tantamount to eliminating the filibuster, said Leader Thune311himself in January.312    There are many avenues for the minority to respond to such313a disruption of Senate tradition. Simply count how often the314presiding officer says ``without objection'' on any given day315to understand what the response could be to such a disruption.316If this is the path Republicans want to go down, go down it at317least with eyes wide open.318    Also, on the merits, know that climate change is not a319hoax, that its damage has already begun in homeowners'320insurance markets around the Country, that the insurance to321mortgage, to property values collapse can not be stopped by322rhetoric, and that the sand is fast running through the323hourglass to head off that economic calamity.324    Thank you, Chairman.325    Senator Capito. Thank you, Senator Whitehouse.326    We will now turn to introductions for the nominees. This327morning we are joined by our friend from Tennessee, Senator328Hagerty. Thank you for being here, and please proceed with your329introductory remarks.330    Senator Hagerty. Thank you, Chairman Capito, and thank you,331Ranking Member Whitehouse, for holding today's hearing.332    It is my distinct honor to introduce my good friend and my333chief of staff, Adam Telle, who is President Trump's nominee334for Assistant Secretary of the Army for Civil Works. Before I335introduce Adam, I would like to actually address all the staff336that sit behind you. I want you to look at Adam, somebody who337has been here serving as you do in the U.S. Senate for the past33820 years.339    He has made a real impact working here in the Senate, as I340am sure all of you do, working night and day and over the341weekends, as I am sure all of you do as well. Now he is going342to take that knowledge, that expertise, that experience, and343move on to do even greater things.344    I hope you take Adam's nomination today as a great345inspiration for what you yourself might do. I will encourage346you in that regard.347    I also would take the privilege of suggesting that Senator348Capito probably shares the same sort of pride that I do in349seeing Adam's progress. Adam worked for you, you helped train350him to become the person that he is today.351    As you all know, the Assistant Secretary of the Army for352Civil Works provides leadership that is essential for the353Department of Defense and for our Nation, especially the354American citizens and American businesses who depend on the355U.S. Army Corps of Engineers. The Corps is tasked to maintain35613,000 miles of coastal navigation channels, 12,000 miles of357inland waterways, over 1,000 harbors, 745 dams, just to name a358few of the Corps' responsibilities.359    As a native of Northport, Alabama, who graduated with360honors in computer science and communication from Mississippi361State University's Bagley College of Engineering, Adam has362lived in places where the mission of the Army Corps is at the363forefront of public life. Adam can directly relate to the364people who depend on the Corps, and he knows first-hand why the365work of the Corps matters.366    Adam has also served in the U.S. Government faithfully and367with distinction for the past two decades. After beginning his368Senate career in the office of Senator Richard Shelby of369Alabama in 2005, Adam spent 10 years in the office of the late370Senator Thad Cochran of Mississippi, earning the roles of371Deputy Chief of Staff, and Legislative Director. Adam then372served as the lead staffer on the Homeland Security373Subcommittee of the Senate Appropriations Committee, serving374under the chairmanship of Senators Thad Cochran, Richard375Shelby, John Boozman, and of course, our chairman, Shelley376Moore Capito.377    In this role, Adam was the point person in the Senate for378the U.S. Government's activities involving nearly 20 agencies,379260,000 personnel, and an annual budget of approximately $70380billion. During President Trump's first term, Adam led the381Senate team at the White House's Office of Legislative Affairs382where he managed national security and appropriations matters.383    He played critical roles in the negotiations for the384historic Abraham accords, and the creation of the U.S. Space385Force, which is the first new branch of the U.S. military386created and authorized in more than 70 years.387    Over the last 4 years I have had the privilege of watching388Adam in action on a daily basis, particularly as my chief of389staff. Adam's leadership is evident not just in his strategic390vision and passion for our Nation, but also in the ways in391which he is trusted by staff and by other colleagues. The392kindness, the mentoring and the heart that he demonstrates with393his teams will make him an inspirational leader of this394critical organization.395    Adam is just the leader that our Nation needs in the396Pentagon right now. I urge the committee to move quickly in397consideration of Adam Telle's nomination so he can assume the398leadership in this important work as soon as possible.399    I want to thank all of you for your time this morning.400    Senator Capito. Thank you very much. That was a wonderful401introduction.402    I will now ask the nominees to move up to the witness table403when Senator Hagerty clears. You can remain standing for a404minute.405    Before we move to opening statements, I would like to406administer the oath for the sworn testimony. If you would407please stand and raise your right hand and answer the following408question. Do you swear the testimony you are about to give to409this committee is the truth, the whole truth, and nothing but410the truth, so help you God? We will start with you, Adam.411    Mr. Telle. Yes, I do.412    Mr. McMaster. Yes.413    Mr. Busterud. Yes.414    Senator Capito. Thank you. Let the record show that the415witnesses have answered in the affirmative. We will now proceed416to our opening statements, and thank you, gentlemen, for being417here.418    Mr. Telle, you can begin.419420 STATEMENT OF ADAM TELLE, NOMINEE TO BE ASSISTANT SECRETARY OF421                    THE ARMY FOR CIVIL WORKS422423    Mr. Telle. Thank you Chairman Capito, Ranking Member424Whitehouse, members of the Committee, and the staff of the425Environment and Public Works Committee. It is an honor to have426been nominated by President Trump to serve as the 14th427Assistant Secretary of the Army for Civil Works.428    I want to begin by thanking President Trump, whom I was429honored to serve during his first administration. In addition,430I would like to thank Secretary Hegseth, Secretary Driscoll, my431family, my wife Shelby, my two beautiful children, who are here432in the back, my mother Rita and my father Whitney.433    I would also like to thank the U.S. Senators, with whom I434have worked the closest over the last 20 years: Chairman435Capito, Senator Wicker, Senator Boozman, Senator Richard436Shelby, Senator Thad Cochran, and finally, Senator Bill437Hagerty, whom I have had the privilege to serve over the last 4438years since he came to the Senate.439    Senator Hagerty, you have given me such incredible440perspective during our time together, and I am so fortunate to441have had a front row seat as you brought that same fresh442perspective to the Senate. Thank you.443    In 1802, as President Thomas Jefferson was contemplating444how to expand our Nation westward, he keenly understood that445our waterways would be the key. To harness the power of these446waterways, he turned to the U.S. Military Academy at West447Point, which was producing America's best engineers. We would448no longer rely on European engineers. The original navigation449mission of the Army Corps of Engineers was born.450    The America we know today, from sea to shining sea, is a451result of the work of the Corps. Over time, Congress has given452the Corps additional missions, primarily flood control and the453preservation of natural resources. These missions are also454important to our current President.455    Some of my earliest memories as a young child are of riding456with my father, him pointing out the window as we were crossing457some of our waterways: the Black Warrior River, the Tennessee-458Tombigbee Waterway, the Mississippi River. He was always459teaching, and he would turn my attention to the little tug460boats pushing the big barges, brimming with natural resources,461opening access from the small communities in our neck of the462woods to the rest of the Country and to the world.463    Twenty years later I moved to Washington because I believed464that I could make a difference, helping to represent the views465and interests of the Americans I grew up with, who often felt466ignored or forgotten by important people in Washington.467    On August 29th, 2005, exactly 1 month into my time working468in the Senate, Hurricane Katrina made landfall. This was the469most costly natural disaster in American history. I stayed up470all night that night, I could not go to sleep, watching Katrina471come ashore. A 28-foot storm surge, 1,800 American lives lost,472and hundreds of billions of dollars in damage.473    Pretty soon, Senator Thad Cochran asked me to run point on474Mississippi's recovery from Hurricane Katrina. My years of475experience securing resources and untangling bureaucratic476messes in the wake of Katrina prepared me for my role as the477top Homeland Security staffer on the Senate Appropriations478Committee, where I was also given the top role, working for479Chairman Capito and Boozman, and advising all Senate480Republicans on disaster recovery and response.481    These formative experiences as a child and as a young482professional are emblematic of why my personal background and483passion match the depth and the breadth of the missions of the484Corps of Engineers civil works' mission: enabling commerce,485mitigating floods, responding to disasters, and most recently486removing debris in the wake of Hurricane Helene, and in487response to the Los Angeles wildfires.'488    Few government agencies' missions capture the interests of489American citizens, landowners, communities, States, job490creators and their representatives here in Washington quite491like this one. These are real missions, with real outcomes, and492they matter deeply to Americans in places that are very far493away from Washington decision maker.494    If confirmed, I intend to aggressively tackle the critical495issues that confront the Corps. As it relates to permitting, we496are at a moment in history where all Americans of all497viewpoints crave certainty from their government about whether498or not the rules apply to them. We must act with haste,499transparency, and clarity to give them regulatory certainty500without delay.501    As I mentioned, navigation was the original mission of the502Corps. Today, maintenance and construction of our coastal ports503and inland waterways will help define how competitive we are504and how resilient we are in the 21st Century.505    With regard to flood control, we must work together to506maintain the investments that you have made and complete new507projects as soon as humanly possible to mitigate floods before508they happen and to fight them when we must.509    When it comes to coordination, issues related to water are510spread across Federal entities and authorities, perhaps like no511other. Getting it right for the American public will require an512outsized focus on coordination among the dozens of entities513across the government that deal with water. If confirmed, I514will devote significant attention to collaboration and515coordination across these partner agencies.516    I am honored to be before you. If I have the honor of being517confirmed by the Senate, I commit to be responsive to our518Nation's politically accountable leaders, the President, the519members of this committee, the members of the Senate, and the520members of the House of Representatives.521    Thank you, Chairman Capito, Ranking Member Whitehouse, and522members of the Committee. I look forward to your questions.523    [The prepared statement of Mr. Telle follows:]524    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]525526    Senator Capito. Thank you.527    Before I go to Mr. McMaster, could your family stand up so528we can see them? I know your kids are little. Are they back529there?530    Mr. Telle. They are currently in the hall, I am told.531    [Laughter.]532    Senator Capito. They are in the hall. You have them really533well trained.534    Okay, our next nominee is Mr. Sean McMaster. Mr. McMaster535is President Trump's nominee to lead a critical agency, the536Federal Highway Administration. Welcome, Mr. McMaster.537538   STATEMENT OF SEAN MCMASTER, NOMINEE TO BE ADMINISTRATOR,539      FEDERAL HIGHWAY ADMINISTRATION, U.S. DEPARTMENT OF540                         TRANSPORTATION541542    Mr. McMaster. Thank you. Chairman Capito, Ranking Member543Whitehouse, and members of the Committee, thank you for the544opportunity to appear before you today as you consider my545nomination for FHWA.546    I am grateful to President Trump and Secretary Duffy for547the opportunity to serve in this position. If confirmed, I look548forward to working with you to achieve the President's and the549Secretary's vision of building big, beautiful American550infrastructure.551    With me today is my amazing wife Brittany and two of my552three children, Grady and Emerson. I would also like to mention553my oldest son Connor who could not be here today. He is a newly554minted Lance Corporal in the United States Marine Corps serving555our Country as an air traffic controller in California.556    Without their tireless support and understanding the557commitment required to serve in the Federal Government would558not be possible.559    We must work to build and restore the beautiful roads,560bridges, and tunnels across the Nation. The Federal High Way561Administration's 2024 National Bridge Inventory data shows that562more than 83,000 out of 147,000 bridges on the National Highway563System are in fair or poor condition. While we have made564progress advancing these priorities, the current State of our565critical infrastructure must further be improved.566    If I am confirmed, I will work tirelessly to support the567Secretary's efforts to manage this challenge. This work, and568all work under my leadership, if confirmed, will be guided by569my top priority, and the top priority of the Department,570safety.571    As the transportation industry is painfully aware, delays572in project delivery can delay safety enhancements and drive up573project costs. Data from FHWA's National Highway Construction574Cost Index shows that transportation construction costs have575increased by 67 percent over the last 3 years reported, from5762021 to 2024.577    I saw first-hand these impacts to cost, schedule and578delivery of essential infrastructure projects during my time at579HNTB working directly with State and local leaders as they were580challenged to identify and attain Federal funding in time to581support their critical transportation infrastructure needs.582    It is essential that we build projects more quickly and583efficiently. We must further streamline project delivery,584including the permitting process.585    If confirmed, I look forward to working with the Secretary586and Congress on ways to improve efficiency and reduce costs so587more of the funds being invested in our infrastructure will go588to building the infrastructure.589    I know from experience that this is achievable. While I590served at the Department of Transportation during the first591Trump Administration, the I-85 bridge in Atlanta reopened less592than 7 weeks after a fire caused its devastating collapse in593March 2017.594    Thanks to Emergency Relief funds from FHWA, the bridge was595quickly rebuilt using innovative components and state-of-the-596art concrete. Significantly, the bridge reopened ahead of597schedule--demonstrating that time and cost savings are598attainable.599    This is an important moment for FHWA. In addition to its600ongoing work, FHWA must also look forward as the current601surface transportation authorization, the Infrastructure602Investment and Jobs Act, is set to expire at the end of603September 2026.604    Surface reauthorization is vital for maintaining and605enhancing the safety of our Nation's roads, bridges and606tunnels. It provides U.S. transportation infrastructure with607policy direction and consistent multi-year funding.608    While I served as Deputy Chief of Staff at the Department,609I was fortunate to lead the development of its surface610reauthorization proposal that included FHWA. Through this work,611I met with key stakeholders to understand the needs and impacts612of the reauthorization on our States and local communities.613    This Committee has already started its critical work on614surface transportation reauthorization, and Secretary Duffy615appeared before this Committee last month to discuss these616efforts. If confirmed, I look forward to working with the617Secretary and Congress throughout the reauthorization process618so that we can realize a golden age of transportation.619    As the Administration and Congress embark on this620transformation through the accelerated deployment of critical621projects, further reductions in red tape, common-sense622solutions for infrastructure needs, and reauthorization623legislation, it is critically important that we fully624understand the unique challenges affecting States throughout625the Country.626    Through meetings with State and local transportation627leaders during my time at the Department and at HNTB, it is628clear that states have a unique understanding of their specific629needs. FHWA maintains strong partnerships with States630nationwide. If confirmed, I will continue to support those631critical partnerships and work to ensure that States receive632consistent guidance and support from FHWA.633    Thank you for your consideration. I would be happy to634answer any questions.635    [The prepared statement of Mr. McMaster follows:]636    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]637638    Senator Capito. Thank you, Mr. McMaster.639    Our final nominee this morning is Mr. John Busterud. Mr.640Busterud is President Trump's nominee to lead the EPA's Office641of Land and Emergency Management. If confirmed, Mr. Busterud642will oversee vital programs like the Superfund and Brownfields643to ensure efficient and effective management of our Nation's644land and waste issues.645    Welcome.646647    STATEMENT OF JOHN W. BUSTERUD, NOMINEE TO BE ASSISTANT648      ADMINISTRATOR FOR THE OFFICE OF SOLID WASTE OF THE649                ENVIRONMENTAL PROTECTION AGENCY650651    Mr. Busterud. Thank you, Chairman Capito, Ranking Member652Whitehouse, and all the distinguished members of this653Committee. It has been a privilege to meet with you and your654staff to learn about the issues of highest concern to you. I655intend to work with all of you to ensure that we protect human656health and the environment for all Americans.657    I humbly appear before you nominated to serve as EPA's658Assistant Administrator for the Office of Land and Emergency659Management. I am grateful to President Trump and Administrator660Zeldin for giving me the opportunity to lead the men and women661of OLEM.662    If confirmed, I look forward to working with our dedicated663career staff, States, communities, and stakeholders to ensure664OLEM fulfills its core statutory mission to clean up historic665sites, prevent releases, and respond with urgency and666compassion when emergencies arise. In this way, OLEM provides667an essential connection between environmental protection and668economic prosperity, a linchpin of this Administration.669    This morning, I am accompanied by my wife Gretchen, herself670a retired EPA attorney and a great source of inspiration and671support. Our grown children, Becky and Tommy, are here in672spirit.673    I come to you with a background of commitment to public674service and environmental protection. Growing up in northern675California, I was profoundly influenced by my father, also John676Busterud, who served in the California Legislature and later as677Chairman of the Council on Environmental Quality under678President Ford. Environmental issues were often front and679center at the dinner table and took precedence over partisan680politics, at least as far as I can remember.681    After law school I chose to practice environmental law,682representing businesses who saw environmental compliance and683leadership as essential business functions, valuable to their684customers, employees, and shareholders. In that role, I worked685with State and Federal regulatory agencies, advocacy686organizations, communities, and our State legislature to687support policies that sought to balance environmental688protection with a sustainable business climate in California.689    After retiring from corporate practice, I served on the690board of the California Council for Environmental and Economic691Balance, a public policy organization with members from Fortune692500 companies and labor unions. CCEEB works to find common-693sense, bi-partisan solutions to emerging environmental issues.694    I was also privileged to serve our Country as an officer in695the Army Reserve, deploying to Iraq in support of Operation696Iraqi Freedom and Djibouti in support of Operation Enduring697Freedom, and retiring as a Colonel in 2014.698    In Baghdad, I had the unique opportunity to advise the699Iraqi Minister of Environment as she developed Iraq's first700environmental regulatory programs. This service not only701provided some of the most fulfilling experiences of my life,702but taught me that the rule of law is central to peace,703prosperity, and environmental protection.704    In the first Trump Administration, I was honored to serve705as Regional Administrator of EPA Region 9. As RA, I worked with706600 dedicated career staff and Administrator Wheeler to protect707human health and the environment for 50 million Americans in708California, Nevada, Arizona, Hawaii, 148 tribes and the Pacific709Territorial Islands. My experience in Region 9 was one of the710highlights of my career and I am looking forward to working711again with all our regions to support the offices that are712truly the face of EPA across our Nation.713    If confirmed, I will be responsible for implementing some714of the most forward-facing programs in EPA. As much as any715other Office at the agency, OLEM affects Main Street America in716many tangible and beneficial ways. The Superfund program, both717at civilian and Federal facilities, remediates sites to provide718essential protections for land and groundwater. The popular719Brownfields program literally addresses environmental720conditions on main streets across our Country, restoring urban721lands to productive use.722    Resource Conservation and Recovery Act, RCRA, and723underground tank programs ensure that we do not create future724Superfund sites by preventing releases of hazardous materials725from currently operating facilities. The Office of Mountains,726Deserts, and Plains uses a cross-media, cross-agency approach727to address abandoned hard rock mines. Finally, the Office of728Emergency Management works alongside other Federal agencies,729States, cities and communities to plan for and respond to730emergencies.731    Through these programs, OLEM has the opportunity to provide732essential human health and environmental protections for all733Americans and do so in a non-partisan, common-sense manner that734promotes our great American comeback.735    I look forward to working with all of you to fulfill this736mission. Thank you, Chairman Capito, Ranking Member Whitehouse,737and all the members of this Committee. I look forward to738answering your questions.739    [The prepared statement of Mr. Busterud follows:]740    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]741742    Senator Capito. Thank you all very much. I appreciate that.743    Before we begin with questioning from each member, there744are three standing yes or no questions that I will ask all of745the three of you if you could just respond.746    Do you agree, if confirmed, to appear before this committee747or designated members of this committee and other appropriate748committees of this Congress to provide information subject to749appropriate and necessary security protections with respect to750your responsibilities?751    Mr. Telle. Yes.752    Mr. McMaster. Yes.753    Mr. Busterud. Yes.754    Senator Capito. Thank you. Do you agree to ensure that755testimony, briefings, documents, and electronic and other forms756of communication of information provided to this committee and757its staff and other appropriate committees in a timely manner?758    Mr. Telle. Yes, Senator.759    Mr. McMaster. Yes, Senator.760    Mr. Busterud. Yes, Chairman.761    Senator Capito. Thank you.762    Finally, do you know of any matters which you may or may763not have disclosed that may place you in a conflict of interest764if you are confirmed?765    Mr. Telle. No.766    Mr. McMaster. No.767    Mr. Busterud. No.768    Senator Capito. Great, thank you.769    Okay, I am going to start my round of questions, and I am770going to start with Mr. McMaster. You mentioned bridges, and I771think you and I talked about bridges when we had our meeting in772the office. I appreciate all of you for coming to visit. Our773geography requires us to have a lot of those bridges.774    We need a strong Federal partner in the FHWA. It is775critical to our success. A lot of progress was made and is776being made with the Infrastructure Investment and Jobs Act,777IIJA. Are there any policy and funding proposals that we should778consider including in the next reauthorization, which we are779beginning work on, to further address regionally significant or780bridge projects?781    Mr. McMaster. Yes, Senator, I appreciate the question. I782know you have been a champion for bridges. For the Federal783Highway Administration, bridge safety is a paramount importance784issue. It is critical to the safety of our traveling public; it785is critical to our supply chain. As we look to support786reauthorization, there is work still yet to be done. Tremendous787progress over the last few years, when I served at HNTB I was788fortunate to work in support of the Brent Spence Bridge, which789after 20 years is now finally realizing development.790    I look forward to supporting you if I am confirmed. I know791it is of paramount importance for the Federal Highway792Administration and I look forward, if confirmed, to supporting793your efforts through authorization to identify additional ways794we can accelerate the maintenance and enhancement of our795Nation's bridges on the highway system.796    Senator Capito. Thank you.797    Mr. Busterud, addressing PFAS is a top environmental798priority that I share with Administrator Zeldin, and I think799they are making some announcements today. I was pleased to see800the EPA release an agency-wide plan setting bold goals to801tackle this crisis.802    If confirmed, you will be responsible for leading OLEM's803major role in this strategy, from updating PFAS destruction804guidance to enforcing the polluter pays principle. How would805you lead in this way, and help us tackle this very difficult806and far-ranging problem of PFAS contamination?807    Mr. Busterud. Thank you, Chairman. PFAS is a high priority808issue for EPA, and the Administrator on April 28th as you noted809announced a suite of programs basically taking a whole of EPA810approach to addressing PFAS across its major program offices.811    As you noted, and as we discussed in our conversation in812your office, OLEM will play an important role to increase the813frequency of guidance we give on PFAS destruction. It has been814every 3 years. We are going to commit to providing those815updates on an annual basis, and there was great interest in816that.817    OLEM will also look at and examine its RCRA authorities to818prevent releases of PFAS from manufacturing facilities and819other facilities which use PFAS. You mentioned the polluter820pays issue, and I support that entirely. We will continue with821that approach.822    The notion of passive receiver, the issue of passive823receiver is very important to a number of Senators on your824committee and others. That is an issue that if confirmed, I825pledge to work with our dedicated career staff and to look at826ways in which we can avoid a situation in which customers of827water utilities would be forced to pay for contamination they828didn't put in the water to begin with. I look forward to829working with your committee on that.830    Senator Capito. Great. Thank you.831    Mr. Telle, we had a hearing on Corps of Engineers and the832implementation of some of their programs. This is a daunting833challenge, I think, to step into the position that you are in,834because the slowness and the sluggishness of some of the work835that we know is critical is, I think, universally felt by all836of us.837    This goes to the fact that the Army Corps is actively838working on nearly 100 ongoing feasibility studies and general839reevaluation reports. These will result in projects later on,840as you know, and authorizations and appropriations.841    How will you ensure that projects and other activities are842appropriately prioritized in work plans, and balance the843competing water resources in the Country?844    Mr. Telle. Chairman Capito, you have identified the845fundamental issue as it relates to this nomination, which is846this is a complex and exhaustive set of challenges. The demand847for the Corps' work is greater than the supply. The Congress is848incredibly interested in the projects and work of the Corps of849Engineers, as you have identified.850    The core principle, and when it comes to prioritization in851a constrained budget environment is to follow the law. The law852says that the Corps' primary missions are navigation, enabling853commerce on America's waterways, flood mitigation and control,854and aquatic ecosystem restoration.855    Those have to be the primary beacons when it comes to856prioritization, examining how the projects meet those missions857as the Congress has laid them out, setting priorities on the858basis of benefits versus costs, life and safety and other859factors that ultimately will play into all these decisions. It860is a complicated one.861    Senator Capito. Thank you. Senator Whitehouse?862    Senator Whitehouse. Thanks, Chairman.863    Mr. McMaster, the Chair and I both intend to deliver to you864a robust, bipartisan surface transportation reauthorization, as865we discussed in my office. In order for that to happen, we need866assurances that whatever bipartisan legislation we write and867get enacted into law will be implemented by the executive868branch in a faithful and unbiased say. In particular, we need869to clear the illegal funding freezes that have jammed up so870many already appropriated projects.871    Will you commit to implementing any and all authorized872programs in a faithful and unbiased manner?873    Mr. McMaster. Senator, I appreciate your comment and your874question. It is an important one. I give you my full875commitment, if I am confirmed, to implement the law with the876intent of Congress.877    Senator Whitehouse. You understand how it would be hard for878the minority to agree to a bipartisan bill if the upshot of879that agreement was that only the majority's parts of the bill880were actually implemented, and everything that we wanted got881binned by the executive branch?882    Mr. McMaster. Senator, I appreciate your comments. I think883as the Secretary pointed out, infrastructure is not partisan.884You have my full commitment to implement the law in accordance885with the intent of Congress.886    Senator Whitehouse. Thank you.887    Mr. Telle, I have referred to the Army Corps of Engineers888as a bureaucratic tributary of the Mississippi River. That is a889rhetorical point that I make to highlight the extent to which890the Army Corps appears to favor inland over coastal flooding891projects.892    We have looked back at the Inland and Coastal Flooding893Account at the Army Corps, and its best year was $20 for inland894for every $1 for coastal flooding. That was our best year as895coastal States. Worst year was $100 for inland flooding for896every $1 for coastal flooding.897    Rhode Island's sea level is up about 11 inches. That is not898a debatable proposition. You measure that the same way you899measure the height of your kid on the doorway. It is really900simple; it is inches and rulers.901    We have real coastal flooding issues. I would like your902assurance that you will take these inland versus coastal903concerns seriously as coastal flooding becomes more and more of904a danger for coastal communities.905    Mr. Telle. Senator Whitehouse, thank you for raising this906issue. I look forward to and am eager to, if confirmed, to make907sure we have our hands around this data and understand it. I908think historically the riverine flooding has been easier to909predict perhaps than the locations of coastal flooding, but910that does not mean we should not invest as much as, a greater911amount in coastal flooding. This is obviously an issue that has912been near and dear to my heart, working on hurricane recovery913my entire career, as well as the inland flooding, riverine914flooding.915    I would just say, I think you are right, as we work to916justify and prioritize, as Chairman Capito mentioned, the917projects that are of the greatest benefit to the public, we918have to be able to consider things that have in the past been919unpredictable and try to predict them more accurately.920    Thank you, Senator.921    Senator Whitehouse. Yes. I would also add that Federal922Emergency Management Agency, FEMA's, mapping has been such a923flagrant disaster that States like mine have had to do their924own flood mapping, because FEMA's mapping simply wasn't worthy925of belief. You do not have to look much beyond FEMA's flood926mapping of the Houston area versus the actual flooding,927repeated flooding, in the Houston area, which is a really big928area in the last decade, to see how bad FEMA's mapping has929been.930    Part of the problem is to fix the mapping as well as to fix931the priorities. I look forward to working with you on that.932    Mr. Telle. Senator, if I may, really quickly, this is an933issue I have worked on in the past and would say there is a934great deal of frustration in the public around FEMA's mapping935programs. It is not something that I will be in charge of if936confirmed, but certainly something I will work on.937    Senator Whitehouse. To the extent you want to rely on them,938you need to go in eyes wide open that they are a failure.939    Mr. Telle. One of the frustrations that the public has had940about FEMA's maps is it does not adequately consider flash941flooding, rainstorms. It only considers storm surges in many942cases, and it does not adequately consider flood control943infrastructure. These are issues that have to be addressed in944order to give the public confidence in the government's945product.946    Senator Whitehouse. I would also like to work with you and947the Chairman on a priorities list where committee members who948feel that a project has gotten lost in the Army Corps'949bureaucracy can get a regular scheduled briefing from the Army950Corps where we put our projects on that list and you know that951those projects are on that list and you are going to have to952come in and report to us on them on a regular basis, so that953projects that are important to members of this committee get954the attention that they deserve.955    Mr. Telle. Senator, when Congress passes a law and the956President signs it, there is some expectation that it be957followed. I look forward to working with you on that.958    Senator Whitehouse. Good. Well, this is an issue where the959Chair and I are going to need to work together and agree. We960would certainly urge that senior Army Corps folks turn up for961those briefings on those projects once we have sorted out what962that looks like.963    Senator Capito. I would add, just the second question that964I asked you all, with timely responses back, there is nothing965more frustrating, no matter who is in charge, to not get an966answer. That happens, and it is very frustrating.967    We will go to Senator Ricketts.968    Senator Ricketts. Thank you, Chairman Capito and Ranking969Member Whitehouse, for holding the hearing today. Welcome to970all of our nominees, congratulations.971    I chair the Subcommittee on Fisheries, Water and Wildlife,972and sit on the Transportation and Infrastructure Committee. I973look forward to learning from each of you how you plan to serve974Nebraskans and Americans in your new roles should you be975confirmed.976    The Endangered Species Act, ESA, is a law that impacts each977one of you as nominees. Mr. McMaster, you and I shared, I978shared with you my concerns about the American Burrowing979Beetle, and its impacts on infrastructure. Mr. Telle, you heard980about the piping plover and the pallid sturgeon and its impacts981on the Missouri River and the Platte River. Then Mr. Busterud,982you are no stranger to National Environmental Policy Act, NEPA,983compliance.984    I would like each one of the nominees to talk a little bit985about how you plan to implement the ESA in a way that promotes986species protection and recovery but is not prohibitive to the987work in your respective offices. Mr. Telle, may we start with988you?989    Mr. Telle. Senator, thank you for the question. I detected990a bit of frustration from you and I have detected it from the991public over my time working here in the Senate about when the992law is applied on the basis of, or decisions are made within993the government on the basis of something that the government994did before. I think that is the case here, with the species you995are talking about, where the government's work actually996increased the habitat and then created a problem where before997it didn't exist.998    We have to be better at predicting these things and having999a comprehensive management plan that looks at second and third1000order effects of the government's work and gets it right, and1001when we do not get it right, correct it as quickly as possible1002instead of ignoring the problem.1003    Thank you, Senator.1004    Mr. McMaster. Thank you, Senator, I appreciated the1005conversation the other day. I will say the Administration has a1006strong process, a robust process and a way to find ways to1007expedite project delivery, but at the same time respect and1008conserve the environment in that process.1009    If I am confirmed, I look forward to learning more from you1010on these specific issues you raised in person, working closely1011with the Federal Highway Administration in partnership with the1012State to make sure that those environmental challenges are1013conserved, maintained, and respected while we look to move1014projects forward quicker, faster, and better for the benefit of1015the State and the Country. Thank you.1016    Mr. Busterud. Senator, based on my environmental legal1017experience, and I would bring that to bear here with EPA, I1018believe that early consultation and engagement on endangered1019species issues in the planning phase before shovels even go in1020the ground is essential in terms of planning out an expedited1021schedule that is not impaired by the presence of either1022critical habitat or listed species.1023    Senator Ricketts. Great. Thank you.1024    Under Chairman Capito's leadership, we are beginning to1025work on the Surface Transportation Reauthorization bill, and1026are focused on improving efficiency in the system. I have heard1027from Nebraskans that one reason projects are significantly1028slowed is that too many agencies are required to take action to1029approve a single project. Often these approvals are being done1030consecutively instead of concurrently, adding unnecessary1031delays to project implementation.1032    Mr. McMaster, how important is streamlining processes to1033deliver on timely project delivery and what can Congress do to1034help?1035    Mr. McMaster. Yes, Senator, I appreciate that question. It1036is a tremendous priority of this administration to find ways to1037move projects faster, better and more cost effectively. I will1038say this tremendous backlog, the historic backlog of grant1039awards that are awaiting grant agreements, it in no small way1040is a tremendous priority that needs to be addressed. Over the1041last couple of weeks we have seen two different tranches of1042backed awards totaling more than $5 billion in this effort.1043    The Secretary is also interested in reducing the regulatory1044burden on these awards and future awards, so that when we say1045we want to build, we are able to build and we are able to build1046more cost effectively. In addition, the administration is1047looking at updating its guidance on NEPA and then looking for1048additional streamlining provisions.1049    If confirmed, I look forward to working closely with you1050and the Congress as you engage in your efforts to reauthorize1051the Surface Transportation programs.1052    Senator Ricketts. I am running out of time here, but Mr.1053Telle, obviously as Governor I sat through a 500-year flood in1054Nebraska in 2019. Can you tell us how you can work with sister1055agencies like Fish and Wildlife to ensure the management of the1056Missouri River Basin to prioritize people and property to make1057sure we are protecting life when we have those 500 year floods?1058    Mr. Telle. Senator Ricketts, thank you for the question and1059thank you for your leadership as Governor during that flood1060that affected large swaths of the Country, and especially1061Nebraska.1062    With the Missouri River, which I told Senator Fischer1063yesterday is America's longest river, edging out the1064Mississippi by one mile, it requires management from Montana1065all the way to Missouri. Your State is right in the middle.1066    There are competing interests that have to do with1067navigation interests and flood control interests up and down1068the system, as well as water supply interests, especially in1069the farther west reaches of the river.1070    It is a challenge. The Corps of Engineers often has to make1071decisions about whether agricultural interests and weigh those1072against commercial interests and weigh those against life and1073safety interests. I would just say that life and safety and the1074protection of property has to always be a primary concern as1075these issues are balanced.1076    The Corps of Engineers has manuals that dictate how they1077operate these facilities, but Senator, I think our elected1078leadership, our politically accountable leadership, I think1079there is an expectation that they will use good judgment in1080times of crisis like this one to deliver the best result for1081the public. I hope that we can get it right.1082    Senator Ricketts. Thank you, Madam Chairman.1083    Senator Carper. Senator Ricketts, or excuse me, Senator1084Padilla?. We just had Senator Ricketts.1085    Senator Padilla. Thank you, Madam Chair. I mean, people1086confuse us all the time.1087    [Laughter.]1088    Senator Capito. Right.1089    Senator Padilla. It is understandable.1090    Senator Capito. I think it is the accents.1091    Senator Padilla. I appreciated, Mr. Telle, in our meeting,1092that you are tracking the proposed $1 billion cut to the Harbor1093Maintenance Trust Fund. As you may know, the Ports of Los1094Angeles and Long Beach are the busiest ports in the western1095hemisphere, receiving 40 percent of the Nation's imports. There1096are other ports along the coast of California, but those two1097alone account for 40 percent.1098    They are also considered donor ports, which generate nearly1099half the revenue into the Harbor Maintenance Trust Fund but1100receive only a small fraction in return. Now, Congress directed1101the courts to ensure more equitable distribution of the trust1102funds in the 2020 WRDA, and finally, in the Fiscal Years 20241103work plan funding was made available.1104    Can you provide, Mr. Telle, some assurances that the Harbor1105Maintenance Trust Fund, HMTF, obligations defined under WRDA11062020 will continue to be met this year and going forward again1107in that more equitable fashion?1108    Mr. Telle. Senator Padilla, thank you for the question. You1109have identified an issue here that is important. The Congress1110and the executive branch have had debates, and the Congress has1111weighed in heavily on how revenues related to the Harbor1112Maintenance Trust Fund are collected and expended.1113    Congress did recently enact a provision, as you referenced,1114that says ports like the ones in your State, which have1115significant traffic but fewer dredging needs, that they have1116the ability to use Harbor Maintenance Trust Fund revenue and1117expenditures on non-traditional depth and width projects which1118help facilitate commerce in areas of the port where the Corps1119of Engineers hasn't traditionally worked.1120    I intend to follow the law in this regard, and certainly1121look forward to working with you on how the Harbor Maintenance1122Trust Fund is managed.1123    Senator Padilla. I very much appreciate your answer in1124regard to following the law, as current law is, following the1125directions as set by Congress. I hate to even have to ask, but1126you know as well as I do what we have been through the last 41127months, where despite congressional action and not just1128authorization by appropriations, we are dealing with an1129administration that sometimes thinks they know better and1130directs departments and agencies to do differently.1131    I believe you when you say you will stick to the letter of1132the law, and look forward to following up with you to ensure1133that on specific projects.1134    Speaking of specific projects, the Los Angeles County1135Drainage Area Project is a dynamic flood conveyance system that1136provides flood risk benefits to the 10 million people living in1137Los Angeles County, and frankly, a larger number of people if1138you look at the greater metropolitan area. However, the Corps-1139owned and maintained portion of the system has a significant1140backlog of maintenance, nothing new; you referenced the general1141dynamic earlier, which leaves the entire system vulnerable to1142extreme weather events.1143    The Corps' annual budget cannot keep up; it is not even1144keeping close. As a result, the County of Los Angeles1145Department of Public Works is currently engaged with the Corps1146to transfer some of the Corps-maintained sections of the system1147to ensure the long-term viability and safety of the critical1148system. We have been working on this for a couple of years.1149    Given the Corps' $100 billion backlog of authorized but1150unfunded projects, I am encouraged when I see partners like Los1151Angeles County willing to step up and work together to address1152the challenges. As a member of this committee, I was proud to1153support provisions in WRDAs 2022 and 2024 to help address the1154operational efficiencies of the LA County Drainage Area System.1155    All that being said, my question is to have your commitment1156to work with me and Los Angeles County to ensure the seamless1157transfer of those assets to the county that have been agreed1158to.1159    Mr. Telle. Senator Padilla, thank you for your advocacy for1160this. As a general principle, I agree with the notion that1161Federal responsibilities, to the degree that a State or1162locality has the capacity to deal with an issue or to operate a1163facility, we ought to be pushing authorities and1164responsibilities and the fiscal burden to the local entity,1165because they understand the needs of their citizens much better1166than we can here in Washington.1167    In general, I agree with you on that principle. I do not1168have the details in terms of how this could affect the system1169of systems that is the California water system. I would like to1170take a look at that, but I commit to taking a look at that and1171working with you on this to make sure that we get it right for1172the citizens of your State and of course the surrounding States1173in the west, who all share water resources in a very careful1174manner.1175    Senator Padilla. I am sure the rank and file and1176professionals at the Corps have agreed that this makes sense,1177we are in the process of doing it, it has been agreed to. I1178hope that we can continue and finish the transfer process.1179    A couple of other questions I would like to ask, but my1180time is up so I will submit questions for the record.1181    Mr. Telle. Thank you, Senator.1182    Senator Padilla. Thank you, Mr. Chair.1183    Senator Ricketts. [Presiding.] I will take over for the1184Chair while she is voting. Senator Wicker?1185    Senator Wicker. Thank you, and very ably done, Mr. Interim1186Chair.1187    [Laughter.]1188    Senator Wicker. Mr. Telle, let's talk about a wastewater1189treatment program, project that involves the State of1190Mississippi and the State of Tennessee. As everyone knows,1191Memphis and Shelby County amount to one of the largest1192metropolitan areas in the Country and certainly the largest in1193the State of Tennessee.1194    Just below Memphis and Shelby County is DeSoto County,1195Mississippi, one of the fastest-growing counties in1196Mississippi. Included abutting the State line are the cities of1197Southaven, Horn Lake, and certain unincorporated areas. About119848 years ago, a wastewater treatment facility was federally1199funded, addressing the wastewater treatment needs in both of1200those areas. It was funded to the extent possible based on1201population numbers from the Mississippi area as well as the1202Memphis area.1203    Some years ago, the folks north of the State line brought1204suit and asked that the Mississippi customers be excluded from1205that treatment plant. This went to court, we didn't feel it was1206fair, but the Federal judge ruled that the Mississippi areas,1207Southaven, Horn Lake and certain unincorporated areas, have to1208get on their own water treatment system by the year 2031. Only1209way we can possibly do that is to look as this metropolitan1210area did 50 years ago to the Federal Government.1211    The Army Corps of Engineers is a valuable part of this new1212project. Can you please commit to me that the Army Corps of1213Engineers do everything possible to assist the DeSoto County1214Regional Utility Authority, known as DCRUA, in building a new1215wastewater system before this judicially imposed 2031 deadline?1216    Mr. Telle. Senator Wicker, thank you for the question. It1217is an issue that I have familiarity with from both sides of the1218State line. In 1992, Congress began authorizing the Corps of1219Engineers to take on projects generally described as1220environmental infrastructure. These are not the traditional1221navigation, flood control, aquatic ecosystem restoration types1222of projects that the Corps of Engineers has done, but it has1223had a great deal of interest from the Congress.1224    I think that is going to continue, and I certainly commit1225to work with you in an area, DeSoto County, Shelby County, that1226I know well, to make sure that we get it right and we can1227facilitate to the degree we are able DeSoto County's ability to1228meet the directive of the courts.1229    Senator Wicker. I assume that if this project is not done1230by 2031, the Federal judge will not decree that sewage start to1231run in the streets of DeSoto County, Mississippi. We are going1232to try, with your help, we are going to try to comply with1233this.1234    Let's talk about the Bonnet Carre Spillway. We have already1235talked about how long the Mississippi River is, and the1236Missouri River. Thirty-one States contribute to what runs by1237the States of Louisiana and Mississippi as it gets almost to1238the Gulf. By the time it gets there, it is full of bacteria,1239nutrients, fertilizer runoff, sediment and other things that1240leads to algal blooms in the Gulf.1241    When the water gets high, there are a number of spillways1242that can be opened to prevent flooding of a number of very1243important areas. In 2019, though, the Bonnet Carr Spillway was1244opened for a total of 123 days. It spilled into the Mississippi1245sound, a saltwater important area for fishing, changing it more1246into freshwater, hugely damaging, costing many, many jobs.1247    We can not possibly have this happen again. There are times1248when the spillway can be opened, take some of the freshwater1249into a saltwater area, but not that much.1250    Will you agree that the Army Corps should include1251stakeholders such as the Mississippi Sound Coalition and1252stakeholders in both Louisiana, Arkansas, and Mississippi, in a1253comprehensive study of which spillways are opened?1254    Mr. Telle. Senator Wicker, I would gladly take input from1255stakeholders. As you rightly point out, there are facilities up1256and down the Mississippi River from Bird's Point to Morganza1257and then the spillway of last resort, of course, is the Bonnet1258Carr, which diverts water into Lake Pontchartrain, and then1259ultimately as you say, into the Mississippi Sound, which1260affects the ecosystem there, the commercial ecosystem as well1261as the recreational ecosystem.1262    These are the types of tradeoffs that we have to discuss1263when we talk about operating the Corps of Engineers many1264facilities. Preventing a flood upstream may mean effects, as1265you described, on places like the Mississippi Sound. It is very1266important that the Corps of Engineers has clear input from1267stakeholders from across a waterway, from up and down, to1268understand the impacts. These are complex systems of systems1269and we could use as much input as we could possibly get to try1270to make sure that we get the balance right.1271    Senator Wicker. Thank you for that answer. Mr. Chairman, I1272realize we have gone over, but it is a matter of thousands and1273thousands of jobs up and down the Mississippi River. Thank you.1274    Senator Ricketts. Senator Blunt Rochester?1275    Senator Blunt Rochester. Thank you, Mr. Chairman, and to1276the nominees and your families for being here.1277    I would like to start with Mr. McMaster. Thank you for the1278opportunity to meet. When we were in my office, you indicated1279your willingness to be transparent about the status of1280discretionary grants in my State, if confirmed. I am sure, and1281you have mentioned that Secretary Duffy recently shared the1282grant obligation announcements.1283    Missing from that list were many projects in Delaware.1284During his confirmation, he committed to getting discretionary1285grants out the door and abiding by the law. I am sure this is1286an easy question for you. Will you make this same commitment?1287    Mr. McMaster. Yes, Senator, absolutely. This is a1288tremendous priority for the administration and the Secretary.1289You have my full commitment, if I am confirmed, to support the1290Secretary in those efforts and to look into any specific1291projects you may have and followup with you directly.1292    Senator Blunt Rochester. Great. Thank you so much.1293    I made a point during my meeting with him as well that this1294funding was already awarded, much of it. I understand that we1295are like re-reviewing some of the grants. I hope, again, for1296me, that is not as efficient. I am looking forward, and I am1297grateful for your commitment. I appreciate that commitment. We1298will followup.1299    My next question is for Mr. Busterud. If confirmed, you1300will oversee EPA's Superfund program and as of now, there are1301over 1,300 sites on the Superfund's National Priorities List.1302Delaware has 17 sites spread across our State.1303    Given your commitment to putting public health and the1304environment at the center of your work, and the limited1305resources for a very complex program, how will you prioritize1306the completion of Superfund projects under your leadership?1307    Mr. Busterud. Senator, thank you. I am committed to1308protecting human health and the environment, as I told your1309staff during the visit. I am going to make a priority in1310enhancing and improving the pace and efficiency of our1311Superfund cleanups.1312    Really, there are two essential components there. One is a1313suite of process improvements we can make. There are1314opportunities for that. I spoke with Senator Ricketts in his1315office yesterday about that very issue, providing enhanced1316project management tools to the regions, so they can explore1317ways in which we can take phases of the remedial investigations1318and move them in parallel rather than in sequence. There are1319also great opportunities for using AI in producing reports and1320not necessarily spending time drafting documents, you know,1321have an issue, if you will.1322    I want to say, too, in addition to those enhancements, I1323want to acknowledge to this committee that there is a human1324element to Superfund. Superfund affects children, families,1325communities, tribes, businesses and their employees. I know if1326confirmed I am going to make that a priority for me in terms of1327implementation. I know our dedicated career staff feels that1328way, and I look forward to working with them and with the1329communities we serve.1330    Senator Blunt Rochester. Thank you for that commitment as1331well.1332    Mr. Telle, as a former staffer, I was impressed by Mr.1333Hagerty acknowledging everyone around this room. I am sure they1334are proud and inspired.1335    Delaware, as you probably know, is the lowest lying State1336in the Country, which makes the Army Corps' work critical to us1337as a State. Affordability criteria and the high Federal cost1338share are critical to helping our local communities, like those1339in my State, mitigate disaster risk.1340    This approach has been essential to funding beach1341nourishment and restoration projects across the Delaware Bay1342beach communities. That really gets inland as well.1343    Mr. Telle, if confirmed, do you commit to following1344affordability criteria and including a high Federal cost share1345in order to protect local communities?1346    Mr. Telle. Senator Blunt Rochester, thank you for your1347comments. You raise a very important issue. Part of the reason1348that I am so honored to have been nominated for this position1349is because the Corps of Engineers' mission reaches into the1350smallest communities in America and some of the biggest cities,1351and has an impact on all of them in a very real way.1352    Often times, it is reaching to the small communities, and1353in many cases, economically disadvantaged communities over the1354course of history, along the Mississippi River, along the1355coast, along the tributaries. These communities may not have1356the capacity that the larger communities have.1357    That is why it is incumbent upon the Corps as it works with1358these communities which are very important to provide technical1359assistance along the way, and where necessary tailor the cost1360share to meet the community's needs as appropriate, and of1361course with care for the Federal taxpayer as well.1362    Senator Blunt Rochester. Thank you. I have additional1363questions on brownfields, reconnecting communities, the Port of1364Wilmington and dredging, but I will submit those questions for1365the record.1366    I also am in a Commerce Committee hearing on FAA right now.1367I think I heard Mr. McMaster mention that your son is an air1368traffic controller?1369    Mr. McMaster. Yes, that is correct.1370    Senator Blunt Rochester. Tell him thank you, thank you on1371behalf of our Country. I yield back.1372    Mr. McMaster. I appreciate that. I will. Thank you.1373    Senator Ricketts. Senator Boozman?1374    Senator Boozman. Thank you so much. First of all, I want to1375congratulate Mr. Telle on his being nominated to lead the1376Corps. I had the opportunity to work with him, actually I felt1377like I worked for him on Homeland Security. I was the chairman,1378he was the staff director. He did a tremendous job, and I know1379he is going to bring that same work ethic again in leading the1380Corps. I really believe that he is the right person for this1381position.1382    As you know, Ebbing Air National Guard Base in Fort Smith,1383Arkansas is the home of the F-35 Foreign Military Sales1384Training Mission. The recent passage of the Fiscal Year 20251385full year continuing resolution includes funding to enable1386important construction projects that the Little Rock Corps is1387doing, responsible under tight timelines.1388    I have to compliment them; they have done a tremendous job1389so far in working so hard to expedite this. This is something1390that has kind of been an all hands on deck approach.1391    If confirmed, will you commit to ensuring the Little Rock1392District receives the Corps' full support and resources to1393deliver these mission critical projects on schedule to the1394highest standard?1395    Mr. Telle. Senator Boozman, thank you very much, first of1396all, for the compliment. I appreciate it. I absolutely worked1397for you. The first time I came into your office, I saw a sign1398on your desk that said Arkansas First, and we followed that1399practice at all times.1400    Senator, with regard to the Little Rock District, I commit1401to working with you to make sure that congressional intent,1402your interests, the interests identified to you by your1403constituents are met. We visited Arkansas when I was working1404with you, and I look forward to visiting the Little Rock1405District if confirmed.1406    Senator Boozman. Very good. Again, I want to publicly thank1407them for doing a really good job up to now in pushing things1408forward.1409    In 2024, the Corps of Engineers recreation sites welcomed1410approximately 260 million visitors nationwide, including Corps1411managed lakes and parks in Arkansas and throughout the Country.1412These sites are vital to the local economies, providing safe,1413affordable access to public lands for fishing, boating and1414camping. Yet many sites face aging infrastructure and deferred1415maintenance. Fees collected onsite most of the time are not1416reinvested where they are generated.1417    I know that the Corps has its missions and this and that.1418Again, this has grown to a tremendous extent. The problem is1419you fix things and you prevent them from getting bad, it does1420not cost a whole lot of money, you let them go and eventually1421they have to be replaced and it costs a fortune.1422    If confirmed, would you prioritize helping us figure out a1423better path forward, so that we can maybe take some of the1424burden off? Things like public-private partnerships, thinking1425outside the box. Then also maybe looking at the fact that1426again, these are generating money for the Corps, seeing if we1427can keep a percentage of that money in the areas where they are1428generated.1429    Mr. Telle. Senator Boozman, thank you for the question. You1430have hit the nail on the head here. The Corps of Engineers'1431facilities actually have more annual visitors than the National1432Park System. This is of great benefit to the public. It is not1433a primary mission of the Corps of Engineers, as you have1434identified, but it is a secondary mission, and certainly, when1435the Corps of Engineers takes on projects, there are often1436recreational benefits that come alongside those projects that1437do not add significant additional funding to the cost of the1438project.1439    We need to be smart in trying to meet these needs. When it1440comes to maintaining and operating and improving these1441recreational facilities, I do look forward to working with you,1442and I hope it's in a creative way, to help solve the issue you1443have identified.1444    Senator Boozman. Very good. Thank you.1445    Mr. McMaster, very quickly, as you are aware, the U.S. has144635,000 injuries, thousands of fatalities from roughly 100,0001447work zone crashes each year. How does U.S. Department of1448Transportation, USDOT, plan to improve worker safety? Do you1449have any ideas about worker safety and work zone awareness in1450these areas, to try and get these numbers down?1451    Mr. McMaster. Yes, Senator, you highlight an extremely1452important issue that the Federal Highway Administration faces,1453and the Department recently just honored work zone safety. I1454will say I look forward to, upon confirmation, getting briefed1455up by the Federal Highway Administration on kind of the current1456challenges, where the data is. I look forward to working with1457the Congress directly to resolve and improve our work zone1458safety challenges that we have throughout the Country.1459    You raise an important point, it is not something that has1460been solved to date, and we need to continue to work to protect1461those critical workers as they build out our infrastructure1462across the Country.1463    Senator Boozman. Thank you very much. Thank all of you for1464your willingness to serve.1465    Senator Ricketts. Senator Alsobrooks?1466    Senator Alsobrooks. Thank you so much, Mr. Chair. Thank you1467as well to each of the nominees today. Congratulations to you1468and to your families on your nominations.1469    The three offices that you are being considered for are1470really critical to Maryland. I am excited to have the chance to1471ask some questions today.1472    I will start with Mr. McMaster, and ask you a question1473regarding the university transportation centers. Last week, the1474U.S. Department of Transportation actually terminated grants1475for seven university transportation centers related to1476advancing a so-called ``woke'' agenda. I understand that Johns1477Hopkins University, which is one of the seven universities1478impacted, had however already revised its work plans to align1479with the administration's priorities. These grants required a1480dollar-for-dollar match, meaning that the universities made1481significant financial and institutional commitments, and they1482did so based on the promise of a 5-year Federal partnership.1483    I am concerned not just about the terminations themselves,1484but how it was handled, and the justification that was1485provided, and what this says about the Federal Government's1486willingness to honor its commitments.1487    The question is, given that some of the universities have1488already revised their work plans and others have expressed a1489willingness to do so, can you commit today to working with1490these institutions to reverse the terminations and instead1491pursue a path that allows these universities to fulfill their1492mission under the revised mutually agreeable terms?1493    Mr. McMaster. Yes, thank you, Senator. I understand how1494important this issue is to you.1495    I am not familiar with the recent terminations of those, so1496I can commit to you, if I am confirmed, to following up1497directly with the Federal Highway Administration and the1498Secretary and the Department to understand more fully what the1499justifications and what the interests were in that, and then1500happy to followup with you directly to address this issue.1501    Senator Alsobrooks. Perfect. Thank you so much.1502    Mr. McMaster, just one other question regarding Maryland,1503the freezing of some funds. Maryland's aging bridge1504infrastructure presents for us a really significant challenge.1505There are several critical structures requiring attention and1506investment.1507    For this reason, the Bridge Investment Program, which was1508established under the Bipartisan Infrastructure Law, is really,1509really important to our State. The Trump Administration froze1510this program at the beginning of the year and then quickly1511reinstated the program. The freezing of funds caused confusion,1512as you might imagine, uncertainty, and it also added to some1513project delays.1514    If confirmed, can you commit that the Federal Highway1515Administration will keep congressionally appropriated Federal1516funds flowing?1517    Mr. McMaster. Yes, Senator, I appreciate the question. I1518can confirm, if I am confirmed, I can commit to you that I will1519carry out these programs in accordance with the law and the1520intent of Congress.1521    Senator Alsobrooks. Thank you.1522    The third, Mr. Telle, I want to ask you a question as well1523about sustainability and climate resilience projects. Many of1524Maryland's Army Corps projects are related to climate change1525and are designed to enhance resilience. The Baltimore District1526in particular is currently working on projects that mitigate1527risks from sea level rise, coastal storms and flooding. I1528suspect that you have familiarity with similar projects, given1529your time working in both Mississippi's and Alabama's1530congressional delegation.1531    If confirmed, the question is whether or not you would1532commit to working with my office to ensure that Maryland's1533congressionally authorized Army Corps projects that focus on1534sustainability and climate resilience are completed?1535    Mr. Telle. Senator, thank you for the question. With regard1536to climate resiliency, it is a question of, for the Corps of1537Engineers, the policy, the Corps of Engineers does not set the1538policy on why or the root cause of a particular project. It1539only looks at the data, the latest hydrological trends, the1540real hard information to make decisions about how to plan1541projects for now and for the future, so that they can make1542States like Maryland more resilient.1543    I absolutely commit to following congressional intent and1544working with you on advancing the projects that are important1545to your State.1546    Senator Alsobrooks. Thank you. I yield to Senator Husted.1547    Senator Husted. [Presiding.] Thank you.1548    Gentlemen, thank you for joining us today. I know that you1549will hear from me what will be a broken record, that is, time1550is money. The faster we go, the more money we save, the more1551quickly we begin to improve life. You each have roles that1552impact the environment and the economy, and the faster we get1553to solutions on the problems that you are addressing, the1554better off we will all be.1555    If you take the previous 4 years, although the latest1556inflation numbers show that inflation is at a low for the past15575 years, but if you take the previous 4 years, there were, the1558average inflation rate was 5 percent. That is a 20 percent cost1559increase over the previous 4 years. That is illustrative of my1560point about how quickly we make these decisions the more money1561we save, the more quickly that we can improve our environmental1562circumstances.1563    Mr. Busterud, I want to bring this to you, and I know there1564was just an announcement on PFAS this morning, which I saw some1565of the details. It is hard for me to digest all that has1566happened.1567    I first became aware of PFAS through the Patel Institute in1568Ohio, which has done a lot of work on this issue in terms of1569PFAS destruction through their annihilator technology. With1570PFAS, for example, it has a dramatic health impact, which can1571cause cancers and other health challenges for people.1572    Tell about your plans to fast-track that evaluation and get1573some of these new technologies in place as quickly as possible,1574so that we can get PFAS out of our water systems.1575    Mr. Busterud. Yes, Senator, I could not agree more than it1576is an urgent issue. As part of OLEM's role in the whole of EPA1577approach to PFAS, which Administrator Zeldin announced last1578month, we are committed to providing destruction guidance on a1579much more frequent basis than we had historically. We were1580doing it every 3 years, and we are going to be doing it at1581least annually going forward.1582    If confirmed, I commit to working with our staff to ensure1583that we and our scientists, our OLEM scientists, to ensure that1584we are considering and providing guidance on emerging1585technologies that have real promise.1586    Senator Husted. I appreciate that. It is the, it was1587originally, I mean, it is just amazing how quickly the1588technology can be developed, and we just have to get the1589technology deployed and the guidance out there are quickly as1590possible. All that you can do in that respect I think is in all1591of our best interests.1592    Mr. McMaster, I will again, with the theme of time is1593money, you mentioned the Brent Spence Bridge, which of course,1594when we had a chance to talk, I believe the last bridge that1595was built across the Ohio River took 13 years, 10 years to1596design and permit and 3 to build. With all of these1597construction projects, particularly with bridges, can you just1598give us a sense of confidence and direction about what you are1599going to be able to do to improve the speed with which these1600projects get completed? Then what advice you have for us as1601this process moves along on how we can help you.1602    Mr. McMaster. Yes, Senator, I appreciate the commentary. I1603also appreciate you brought up inflation. I have that in my1604testimony. The last 3 years reported on the national1605construction cost index from the Federal Highway Administration1606shows that there has been a 67 percent increase alone in1607construction for infrastructure projects.1608    Senator Husted. The States, it affects the State revenue.1609They have been challenged with this. I know in Ohio, we had a1610plan, but inflation ate into the cost so much that now the1611funding mechanisms are not sufficient for the plan.1612    Mr. McMaster. Absolutely, there is a tremendous impact in1613the ability to deliver these projects in a timely way. Then1614ultimately you deliver less projects as a result of the1615inflationary pressures on those.1616    What I will say as far as expediting project delivery, I1617mean, you could not have a more supportive administration in1618this effort. I know the Secretary has a tremendous effort1619underway to take these thousands of grant awards and move them1620to grant agreements. As part of that process, there is a review1621and a process to reduce the regulatory burden where there are1622not statutory demands and intent of Congress. He has taken it1623upon himself to clean up those grant awards, so that the1624ultimate project awardee can move those projects quicker,1625faster, better.1626    You have a tremendous advocate in the administration. Upon1627confirmation, I look forward to supporting his efforts strongly1628to expedite that backlog to completion and support you all as1629you consider additional opportunities for streamlining projects1630and accelerating project delivery under your reauthorization1631proposal.1632    Senator Husted. Great. Thank you very much. Sorry I didn't1633get a chance for you to give your time is money remarks, but1634Chairwoman Capito, I turn it back over to you.1635    Senator Capito. [Presiding.] Thank you, Senator. Thank you1636for taking the gavel there. We are all running back and forth1637today.1638    Senator Kelly, you are up.1639    Senator Kelly. Thank you, Madam Chair.1640    Mr. Telle, good seeing you again. Thanks for coming by my1641office.1642    I want to talk about some priority infrastructure projects1643that we have in Arizona. First, as we discussed in my office,1644we talked about Winslow, the Winslow Levee Project. The Army1645Corps of Engineers is constructing this new levee system that1646will remove the town of Winslow from a 100-year flood plain.1647This project is authorized and it is fully funded under the1648Bipartisan Infrastructure Law. They have the local match.1649    Will you commit to ensuring that the Corps moves as quickly1650as possible to complete this infrastructure project?1651    Mr. Telle. Senator, of course, if confirmed, I will follow1652the law and work with you and your constituents to make sure we1653provide that facility as quickly as we possibly can.1654    Senator Kelly. Thank you. Second, in last year's WRDA bill,1655we secured some new emergency authorities for the Army Corps to1656ensure that the Corps can exercise your regulatory authorities1657differently in regions experiencing drought. What I am talking1658about are the flood control curves that we discussed. These1659changes have the potential to save hundreds of thousands of1660acre feet of water in certain years in the west.1661    Will you commit to working with my office to ensure that1662the Corps' implementation guidance reflects congressional1663intent so the Corps moves quickly to respond to conditions in1664drought-stricken regions?1665    Mr. Telle. Senator Kelly, thank you for the question. As I1666have testified today, on a number of occasions, the primary1667missions of the Corps of Engineers are navigation, flood1668control and aquatic ecosystem restoration. Water supply can be1669a secondary mission of the Corps.1670    I think I would point out the provision that you worked to1671include in a recent WRDA bill that said, in times of drought1672emergency, there can be an exception made to that policy. I1673think it makes sense, especially for communities in areas like1674your State that at times can be so desperate for water.1675    I look forward to working with you to make sure that we1676follow the law and get that provision implemented, the guidance1677and the rulemakings, and other processes that are required to1678bring that to bear. I look forward to working with you to make1679sure we get it right.1680    Senator Kelly. Thank you.1681    Finally, we also talked about Rio de Flag, which is another1682flooding issue in Flagstaff, Arizona. We have this project, it1683is downtown Flagstaff, it has been funded. Phase one of the1684project should be ready for construction next year.1685    We may run into an issue with the 902 limit. If a post-1686authorization change report is required for this project, will1687you commit to working with the city of Flagstaff to find a way1688to continue advancing phase one of the project without delay?1689    Mr. Telle. Senator, thank you for the question. I look1690forward to learning more about the change that you describe and1691certainly across the board as has been discussed on numerous1692occasions here today, and the Senator right before you the1693point that time is money. I am sure that is the case in this1694project, too. I look forward to working with you, and I commit1695to doing everything we can to get it right, even with changes.1696    Senator Kelly. If a packer is required, will you commit to1697ensuring that the report is completed as quickly as possible so1698that it is provided to Congress in time for WRDA 2026?1699    Mr. Telle. Senator, thank you for that question as well.1700This is another topic that I think I have heard on a bipartisan1701basis is of interest, which is even if we, whether we like the1702answer you are going to give us or not, give us an answer. I1703believe in that. I look forward to trying to be transparent and1704clear with you about the projects of interest to you, so that1705even if the answer is not something that you would have1706preferred, you can potentially work to mitigate the concerns1707that may exist.1708    Senator Kelly. Thank you, Mr. Telle.1709    Mr. McMaster, thanks for coming by my office as well. When1710we met, we discussed this 22d Street Bridge project in Tucson.1711It is a classic example of the type of project which Congress1712on a bipartisan basis intended to fund when we passed the1713Bipartisan Infrastructure Law.1714    This project replaces an ageing bridge over Union Pacific's1715main rail line that goes east to west through Tucson. Right1716now, the bridge is in such poor shape that, as we talked about,1717school buses and ambulances do not go over it.1718    The city of Tucson has submitted a draft grant agreement to1719the Federal Highway Administration for their review, which1720included all of the NEPA documents and utility and right-of-way1721clearances. Yet the city has not yet received any feedback on1722this submitted documentation since December, and they have not1723been able to meet with anybody. I know you are not in the1724building yet, but anybody with the staff.1725    If confirmed, will you commit to prioritizing and1726completing finalized grant agreements that have been caught up1727in this haphazardly implemented funding freeze like the 22d1728Street Bridge?1729    Mr. McMaster. Yes, Senator, I appreciated the conversation1730in your office. I will commit to you that I look forward to1731supporting the Secretary in his efforts to move these projects1732from award to agreement as quickly and expeditiously as1733possible. Lives and money are impacted with any possible delay1734as it relates to this specific project. I look forward to1735following up with the Federal Highway Administration on the1736current status of that effort. Then I will followup with you1737directly afterwards.1738    Senator Kelly. Will you also commit that your office will1739follow the law and implement any other discretionary grant1740programs as Congress intended?1741    Mr. McMaster. I commit to following the law with the intent1742of Congress.1743    Senator Kelly. All right. Thank you. Thank you, Madam1744Chair.1745    Senator Capito. Senator Sullivan.1746    Senator Sullivan. Thank you, Madam Chair, and thank you for1747the witnesses and your families, for your service.1748    Mr. Telle, you are a glutton for punishment. A lot of folks1749do not know, you had your Armed Services confirmation hearing1750yesterday. You did a great job on that one. This should be a1751piece of cake.1752    Mr. Telle. Thank you, Senator Sullivan.1753    Senator Sullivan. By the way, in my State, I am going to1754focus a lot on Alaska. I appreciated our meetings, Mr. Telle1755and Mr. McMaster.1756    Hard to build anything in Alaska, right? You want to build1757a road, a sidewalk, you usually get, you know, 12 radical far1758left environmental groups that sue to stop. We had the King1759Cove Road, we have only been trying to get that done for 401760years, a nine mile single lane gravel road that every Democrat1761in the Country, including, God rest his soul, Jimmy Carter,1762said you can not build a road in Alaska.1763    Then it went so bad, you had the Biden administration's1764last frontier lockup. My great State suffered through 701765executive orders, and executive actions, from the Biden1766administration, singularly focused on Alaska. I like ripping1767this up because that is not the issue any more.1768    We now have President Trump who issued his day one1769executive order called Unleashing Alaska's Extraordinary1770Resource Potential. Mr. Telle, as you and I discussed, there is1771a lot of great provisions in here. This is all about getting1772things done in Alaska, not crushing us, as the radical left1773wants to do.1774    There is a really good provision about the Corps of1775Engineers. I am going to read it to you. The Assistant1776Secretary of the Army for Civil Works, that is you, shall1777immediately review, revise or rescind any agency action that1778may in any way hinder, slow, or otherwise delay any critical1779project in the State of Alaska. That is from the President.1780    Will you commit to abide by that very expansive provision1781to get things done in my great State after, you know, 4 years1782of being crushed by the previous administration?1783    Mr. Telle. Senator Sullivan, absolutely. When I visited1784your office, I tattooed the executive order that the President1785issue on Alaska on my heart.1786    Senator Sullivan. That, by the way, that is a great answer.1787    Mr. Telle. I will go ahead and read the second paragraph to1788you from memory, which essentially says that I shall if1789confirmed coordinate as closely with the Governor of Alaska as1790any human could possibly coordinate.1791    Senator Sullivan. Good. The Senator from Alaska.1792    Mr. Telle. Of course.1793    Senator Sullivan. Okay. Just double checking on that.1794    [Laughter.]1795    Senator Sullivan. We talked about the Juneau Glacial Lake1796outburst flooding. You want to talk about a unique issue in1797Alaska, we have had this flooding that pretty much happens now1798every summer. It is amazing it hasn't killed anybody. We need1799the Corps' help. This is a unique challenge. It is uniquely,1800the Corps is uniquely qualified to help us. You can not have1801flooding. I went and toured where this happened this past1802summer. Over 200 homes were flooded. This is, I mean, we got to1803fix it.1804    The Corps initially said when I went to them, well,1805Senator, we are going to work on this. We think it will be 101806years to study and fix this. Say what? That is the wrong1807answer.1808    Can you commit to me and really importantly the citizens of1809Juneau, Alaska, that the Corps is going to bring its best minds1810in a very, very rapid way to help address this unique challenge1811that we really need the Corps' help on?1812    Mr. Telle. Senator Sullivan, thank you for the question. I1813did fail to mention, as a part of my answer to your previous1814question, that Alaska is home to greater than 60 percent of the1815U.S.'s wetlands. It makes the work of the Corps of Engineers1816critically important, thus the need for the executive order.1817    With regard to the glacial outburst issue in Juneau, you1818rightly point out that this is an issue that is brand new as1819far as I understand it to be in terms of flood risk management.1820It is going to require creativity----1821    Senator Sullivan. Yes, it is.1822    Mr. Telle:--and the Corps of Engineers was made to solve1823tough problems. I look forward to working with you with the1824surrounding communities to try to solve this challenge.1825    Senator Sullivan. Great, thank you. In an expedited manner,1826not 10 years. That is just----1827    Mr. Telle. In an expedited manner, Senator.1828    Senator Sullivan. You and I talked about the Ambler Road,1829the Port of Nome, so I will just submit questions for the1830record. The Port of Nome has got bipartisan support. We do not1831have an Arctic port anywhere to push back on the Russian and1832Chinese aggression in my part of the State. That project, it is1833really important. We got to get over the finish line.1834    Can I get your commitment to work with me and the others in1835this committee on that project? That is an interesting project.1836I mentioned you had your Senate Armed Services Committee, SASC,1837hearing yesterday. Environment and Public Works, EPW, and that1838is very much DOD, to be able to have Navy ships, icebreakers,1839be able to pull up to the Port of Nome. We do not have a port1840in the Arctic right now that can handle Navy ships and1841icebreakers.1842    Mr. Telle. Senator Sullivan, one of the most strategic1843issues that confronts the United States of America today is our1844status as an Arctic and Antarctic nation. This is an area of1845the world that the Chinese Communist Party is very interested1846in. The Russians are very active. Your State is front and1847center to the United States of America's being an Arctic1848nation. We must be. It seems to me that if we are going to be1849an Arctic nation that Alaska ought to be one of the key1850launching points of that force projection and power projection1851and economic projection.1852    I look forward to working with you to help make the case1853for the strategic nature of Alaska and the Port of Nome as it1854relates to the United States asserting itself as an Arctic1855nation.1856    Senator Sullivan. Great. That's a great answer. I really1857appreciate your expertise on that.1858    Finally, I am going to submit, Madam Chair, for the record,1859a number of other questions.1860    Just, Mr. McMaster, I mentioned to you, we are a resource1861rich, infrastructure poor State. We have less road miles than1862Connecticut, and we are almost 120 times bigger. If Senator1863Whitehouse were here, I would say we are 491 times bigger than1864Rhode Island. He does not like when I say that, but it is true.1865    Can I get your commitment to work with Alaska, this1866committee, our delegation, on permitting reform but also on1867just helping us build, right? We need more roads to resources.1868We need more roads to help our economy be stronger. That will1869help Alaska.1870    When you unlock the resources of Alaska, it helps America.1871    Mr. McMaster. Yes, Senator, absolutely. I know the Federal1872Highway Administration has a strong partnership with the State1873of Alaska. If I am confirmed, I look forward to looking for1874ways to even strengthen that.1875    Senator Sullivan. For the record, we also have a couple1876grants on infrastructure from the Infrastructure Bill that have1877been frozen. I would like to work with you and your team on1878just getting these unfrozen. I have talked to Secretary Duffy1879about it. Can I get your commitment on that as well?1880    Mr. McMaster. Absolutely.1881    Senator Sullivan. Thank you. Thank you, Madam Chair.1882    Senator Capito. Thank you. Senator Lummis?1883    Senator Lummis. Thank you, Madam Chairman.1884    Mr. Telle, first of all, congratulations on your nomination1885to oversee the Army Corps of Engineers. In Wyoming, we deal1886with the Corps so much we just call them the Corps, and1887everybody knows what we are talking about when we talk about1888the Corps. Right at the moment, we do not have any front page1889news projects with the Corps like my colleague from Alaska1890does. Did you call it a glacial outburst?1891    Senator Sullivan. Yes, it is a very unique challenge that,1892it is almost like a glacier burping every summer and it floods1893in huge ways. It is a real challenge. We do not have that in a1894lot of other--I do not think West Virginia has glacial outburst1895issues.1896    Senator Capito. We have outbursts, but they are not1897glacial.1898    [Laughter.]1899    Senator Lummis. It is a spectacular country in that way,1900that it is so diverse. Of course, if you are trying to1901administer programs at the Federal Government level, it creates1902real challenges because of the nuances and uniqueness of this1903great country.1904    I will just let you know that we do have some ongoing Corps1905needs and some potential projects in the pipeline and I will1906look forward to working with you on those when they arise.1907    Mr. Telle. Senator Lummis, I look forward to it as well. As1908you clearly articulate, the wonderful thing about the position1909I have been nominated for is that it does reach into every1910corner of America, Wyoming, West Virginia, Alaska. I look1911forward to working with you on issues important to Wyoming.1912    Senator Lummis. Thank you.1913    Now, Mr. McMaster, good morning. Roads really are the1914lifeline in Wyoming. We have very little airplane traffic,1915obviously very little waterborne traffic. It is a State that is1916road-dependent. I think we will be spending a lot of time1917together. Thanks for your willingness to serve in this1918capacity. It is critical infrastructure in this country.1919    The fact that you have Arizona roots helps you understand1920how vast our distances are, how challenging our terrain is, how1921extreme our weather can be. I know that is true in Arizona, it1922is very much more true in Wyoming. I for one thing can see that1923you understand how EV mandates do not work in Wyoming. Our1924elevations, our cold weather, and the distances that we have to1925travel just make EV mandates unworkable.1926    There is 450 miles that I travel from my farm to my ranch.1927One, I can see the Idaho border from, the farm, and I am very1928close to the Colorado and Nebraska border on the ranch. I1929travel between them; I can not get between them on an EV1930charge. It is just not a practical solution for Wyoming.1931    Additionally, you appreciate that Wyoming has a really1932short construction season, and that means projects can not1933afford to wait on Federal approvals or disbursements to get1934underway. We have this very, very narrow window for a1935construction season. It is, it creates a unique challenge for1936Wyoming. Even more unique than you might see in our adjacent1937States of Montana and Colorado.1938    There are a couple of projects that are very, very front1939and center. Currently, the Wyoming Department of Transportation1940is seeking reimbursements for the Green River Tunnel in I-80.1941There was an absolutely horrific crash in that tunnel that did1942a great deal of damage to the tunnel. That tunnel is used by1943commercial truck traffic en masse every single day of the year.1944    The other one is the Teton Pass issue. There is tremendous1945traffic between Driggs, Idaho, and Jackson, Wyoming. Nobody can1946afford to live in Jackson. The millionaires have now pushed the1947billionaires out of Jackson----1948    Senator Capito. You mean the billionaires have pushed the1949millionaires.1950    Senator Lummis. Well, I would have said that, but now the1951billionaires are coming down to Star Valley where I am because1952they want to get away from the millionaires and there are so1953many more millionaires. It is just the nuttiest place.1954    None of the people that are providing accommodations and1955services to these millionaires can afford to live there. They1956are driving either from Star Valley, where I am, up to Jackson,1957on the roads or they are going over Teton Pass from Driggs,1958Idaho, to work in Jackson. That roads sloughed off, it just1959slid away. We have a temporary fix. The permanent fix for Teton1960Pass will be coming to your attention. I will look forward to1961working with you on that.1962    Again, I want to commend you for your willingness to serve,1963your family's willingness to allow you to serve and support1964your service. You have a really strong transportation1965background, both in policy and administration, that are going1966to serve our Country well.1967    You have to work with the States. You have to trust the1968States. Our administrators really do know boots on the ground1969what the issues are they have to deal with and can help guide1970you in how to help us, the old help me, help you.1971    I want to ask you if you could take the remaining minute to1972talk about your priorities for FHWA.1973    Mr. McMaster. Senator, I appreciate those comments, and I1974thoroughly enjoyed our conversation. I look forward to, if I am1975confirmed, working closely with the Wyoming Department of1976Transportation, but all States around the Country.1977    As far as my priorities the FHWA, I think I look at it in1978four ways. The first and obviously the most important is to1979support the Secretary in his refocused mission on safety. I1980think that is critical. I expect if I am confirmed that the1981Federal Highway Administration will additionally strongly1982support that effort in a refocused manner.1983    The second priority for me would be to advance expediting1984project delivery as quickly as possible. It has been raised1985multiple times here today. Time is money, as it relates to1986moving projects forward. There are limited resources available.1987The longer it takes the fewer projects we are actually able to1988realize.1989    I would like to support the Secretary in his efforts to1990address the backlog initially while he is reducing regulatory1991burden on our project awardees, so that we can realize quicker,1992faster, more cost effective projects, and actually build rather1993than say we are going to build and move paper around.1994    My third priority would be to strongly assist your critical1995work here in Congress as you look to reauthorize the Surface1996Transportation Bill. I have an acute appreciation for what that1997may require for you all, and I want to make sure that you1998understand that the Federal Highway Administration, if I am1999confirmed, will be a resource for you as you consider many2000different aspects of what that will mean.2001    Then the fourth component I think for, as a priority for2002me, would be to make sure that the different viewpoints and2003unique needs around this Country are well reflected in the2004Federal policy at the USDOT. I look forward to supporting you2005all. Those would be my top kind of four areas of priority. It2006is an honor to potentially serve, and if I am confirmed, I look2007forward to following up with you on those priorities, and any2008other concerns or issues or priorities of your own you may2009have.2010    Senator Lummis. Thank you, and I might mention one more2011priority I have, which is commercial truck parking. Obviously,2012with the Department of Labor limits on how long you can stay2013behind the wheel, 18-wheelers are struggling for places to park2014when they time out. Another member of this committee, the2015Senator from Arizona and I, are working on that together. We2016will look forward to those conversations with you as well.2017    Thank you all, panel. Appreciate you.2018    Senator Capito. Thank you, Senator Lummis.2019    I want to thank the panelists. It has been a busy day, in2020and out. I am sure you are well aware of other obligations.2021    I would ask unanimous consent to enter into the record2022letters of support for all the nominees today. Without2023objection, so ordered.2024    [The referenced information follows:]2025    [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]20262027    Senator Capito. With no further questions, I would like to2028thank you, as I just did, and also my colleagues for their2029participation this morning. Senators who wish to submit written2030questions for the record have until 5 p.m. next Wednesday, May203121st--gosh, is it almost May 21st?--to do so. The nominees'2032responses to these questions are due back in the committee no2033later than 5 p.m. on Wednesday, May 28th, and will be admitted2034for the record.2035    With that, this hearing is adjourned, and thank you all2036very much, and thank the families. Thank you.2037    [Whereupon, at 12:18 p.m., the hearing was adjourned.]20382039                         [all]