[Senate Prints 110-66]
[From the U.S. Government Publishing Office]
110th Congress S. Prt
2d Session COMMITTEE PRINT 110-66
_______________________________________________________________________
RESOLUTIONS
ADOPTED BY THE
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
APPROVING WATER PROJECTS AND PUBLIC BUILDING PROSPECTUSES
DURING THE 110th CONGRESS
Printed for the use of the Committee on Environment and Public Works
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COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
one hundred tenth congress
BARBARA BOXER, California, Chairman
MAX BAUCUS, Montana JAMES M. INHOFE, Oklahoma
JOE LIEBERMAN, Connecticut JOHN W. WARNER, Virginia
THOMAS R. CARPER, Delaware GEORGE V. VOINOVICH, Ohio
HILLARY RODHAM CLINTON, New York JOHNNY ISAKSON, Georgia
FRANK R. LAUTENBERG, New Jersey DAVID VITTER, Louisiana
BENJAMIN L. CARDIN, Maryland JOHN BARRASSO, Wyoming
BERNARD SANDERS, Vermont LARY E. CRAIG, Idaho
AMY KLOBUCHAR, Minnesota LAMAR ALEXANDER, Tennessee
SHELDON WHITEHOUSE, Rhode Island CHRISTOPHER S. BOND, Missouri
Bettina Poirier, Majority Staff Director and Chief Counsel
Andrew Wheeler, Minority Staff Director
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(ii)
C O N T E N T S
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STATUTORY AUTHORITY FOR COMMITTEE RESOLUTIONS
Water resources resolutions:
Title 16, United States Code, Sec. 1002. Definitions........ 1
Title 16, United States Code, Sec. 1009. Joint
investigations and surveys by Secretary of the Army and
Secretary of Agriculture; reports to Congress.............. 2
Title 33, United States Code, Sec. 542. Review by Board of
Engineers of reports on examinations and surveys and
special reports............................................ 2
Title 33, United States Code, Sec. 701b-7. Supplemental
reports to Senate Environment and Public Works Committee
and House Public Works and Transportation Committee........ 3
Title 42, United States Code. (The Public Health and
Welfare), Sec. 1962d-5. Water resources development
projects involving navigation, flood control, and shore
protection................................................. 3
Public buildings resolutions:
Title 40. United States Code. (Public Buildings, Property,
and Works), Sec. 606. Approval of proposed projects by
Congress................................................... 4
Title 40. United States Code. (Public Buildings, Property,
and Works), Sec. 610. Report to Congress; uncompleted
projects; building project surveys......................... 6
RESOLUTIONS APPROVED BY THE COMMITTEE
July 31, 2007:
Water resolutions:
New Haven Harbor, Connecticut............................ 7
Connecticut Environmental Restoration.................... 8
Grand (Neosho) River Basin, Oklahoma, Missouri and Kansas 9
Cimarron River Basin, New Mexico, Colorado, Kansas and
Oklahoma............................................... 10
Canadian River Basin, New Mexico, Texas and Oklahoma..... 11
Verdigris River and Tributaries, Oklahoma and Kansas..... 12
Neches River Basin, Texas................................ 13
Red River and Tributaries, Texas, Oklahoma, Arkansas and
Louisiana.............................................. 14
Brazos River Basin, Texas................................ 15
Colorado River Basin, Texas.............................. 16
Cypress Valley Watershed, Texas.......................... 17
Brookport, Massac County, Illinois....................... 18
Okaloosa County, Florida................................. 19
Biloxi Harbor, Mississippi............................... 20
September 20, 2007:
Public building resolutions:
Feasibility Study:
Chesapeake Bay Restoration, Annapolis, MD................ 21
Leases:
Internal Revenue Service, Austin, TX..................... 22
Internal Revenue Service, San Jose, CA................... 23
Court Services and Offender Supervision Agency Public
Defender Service for the District of Columbia Pre-Trial
Services Agency, Washington, D.C....................... 24
Department of the Interior, Bureau of Land Management,
Washington, D.C........................................ 25
Department of the Interior, Minerals Management Services,
Metairie, LA........................................... 26
Court Services and Offender Supervision Agency, Pre-Trial
Services Agency, Washington, D.C....................... 27
Department of Homeland Security, Washington, D.C......... 28
Nuclear Regulatory Commission, Suburban MD............... 29
Alteration and/or Design:
Heating, Operations and Transmission District,
Washington, D.C........................................ 30
United States Secret Service Headquarters Building,
Washington, D.C........................................ 31
Internal Revenue Service Enterprise Computing Center,
Martinsburg, WV........................................ 32
Nebraska Avenue Complex, Washington, D.C................. 33
United States Secret Service Headquarters Building Joint
Operations Center, Washington, D.C..................... 34
Dwight D. Eisenhower Executive Office Building (Phase
III), Washington, D.C.................................. 35
C. Clifton Young Federal Building and Courthouse, Reno,
NV..................................................... 36
Acquisition and/or Design:
San Luis I Land Port of Entry, San Luis, AZ.............. 37
U.S. Land Port of Entry, EL Paso County, TX.............. 38
St. Elizabeths - West Campus, Washington, D.C............ 39
San Ysidro U.S. Land Port of Entry, San Diego, CA........ 40
Design and/or Construction:
St Elizabeths - West Campus, Washington, D.C............. 41
U.S. Land Port of Entry, Derby Line, VT.................. 42
U.S. Land Port of Entry, Warroad, MN..................... 43
December 18, 2007:
Public building resolutions:
Alteration:
Post Office - Courthouse - Custom House, Key West, FL.... 44
Internal Revenue Service, Fresno, CA..................... 45
Federal Bureau of Investigation, San Diego, CA........... 46
Bureau of the Public Debt, Mineral Wells, WV............. 47
Construction:
National Aeronautics and Space Administration, Langely
Research Center, Hampton, VA........................... 48
Leases:
Federal Bureau of Investigation, Phoenix, AZ............. 49
Federal Bureau of Investigation, San Diego, CA........... 50
Federal Bureau of Investigation, Santa Ana, CA........... 51
Department of Education, Washington, DC.................. 52
Internal Revenue Service, Washington, DC................. 53
Federal Bureau of Investigation, Honolulu, HI............ 54
National Nuclear Security Administration, Albuquerque, NM 55
Federal Bureau of Investigation, Salt Lake City, UT...... 56
Federal Bureau of Investigation, Tidewater, VA........... 57
Department of the Treasury, Emeryville, CA............... 58
National Archives and Records Administration, St. Louis,
MO..................................................... 59
U.S. District Court, Billings, MT........................ 60
Department of Defense, Defense Advanced Research Projects
Agency, Arlington, VA.................................. 61
Department of Defense, Crystal Gateway North, Arlington,
VA..................................................... 62
Environmental Protection Agency, San Francisco, CA....... 63
Federal Bureau of Investigation, San Francisco, CA....... 64
Nuclear Regulatory Commission, Atlanta, GA,.............. 65
Federal Aviation Administration, Burlington, MA.......... 66
Department of Energy, Kansas City, MO.................... 67
Drug Enforcement Administration, Miami, FL............... 68
Federal Bureau of Investigation, Frederick County, VA.... 69
RESOLUTIONS APPROVED BY THE COMMITTEE
May 21, 2008:
Water resolutions:
Big Wood River and Tributaries, ID....................... 70
Fountain Creek Watershed, CO............................. 71
New Orleans and Vicinity, LA............................. 72
Public building resolutions:
Alteration:
Energy and Water Retrofit and Conservation Measure
Program, Various Buildings............................. 74
U.S. Post Office and Courthouse, New Bern, NC............ 75
West Wing Infrastructure Systems Replacement, Washington,
D.C.................................................... 76
Everett McKinley Dirksen U.S. Courthouse, Chicago, IL.... 77
Leases:
U.S. Equal Employment Opportunity Commission, Washington,
D.C.................................................... 78
General Services Administration, Burlington County, NJ... 79
National Park Service, Lakewood, CO...................... 80
Consruction:
U.S. Land Port of Entry, San Ysidro, CA.................. 81
U.S. Courthouse Annex, San Diego, CA..................... 82
U.S. Land Port of Entry, Portal, ND...................... 83
July 31, 2008:
Public building resolutions:
Lease:
Department of Homeland Security, Washington, DC.......... 84
U.S. Army Corps of Engineers, Sacramento, CA............. 85
Small Business Administration, Washington, DC............ 86
National Institutes of Health, Suburban, MD.............. 87
Internal Revenue Service, Washington, DC................. 88
Federal Emergency Management Agency, Washington, DC...... 89
Federal Emergency Management Agency, Arlington, VA....... 90
Federal Aviation Administration, Kansas City, MO......... 91
Department of the Treasury, Plantation, FL............... 92
Department of Defense, Hoffman II, Northern, VA.......... 93
Department of Defense, Hoffman I, Northern, VA........... 94
Department of Defense, Missile Defense Agency, Northern,
VA..................................................... 95
Department of Defense, Defense Intelligence Agency,
Prince Georges County, MD.............................. 96
United States Attorney's Office, Houston, TX............. 97
September 17, 2008:
Public building resolutions:
Lease:
U.S. District Court - 9th Circuit, billings, Montana..... 98
Department of Labor, Seattle, WA......................... 100
Department of State, Washington DC....................... 101
Department of Health and Human Services, Chicago IL...... 102
Department of Homeland Security, Office of The Inspector
General, Washington, DC................................ 103
Department of Homeland Security, United States Coast
Guard, Washington, DC.................................. 104
Department of Defense, Defense Intelligence Agency,
Northern Virginia...................................... 105
Department of Defense, Missile Defense Agency,
Huntsville, AL......................................... 106
Department of Justice, Drug Enforcement Administration,
Miami/Dade & Broward Counties, FL...................... 107
Department of Justice, Washington, DC.................... 108
Department of Justice, Washington, DC.................... 109
Federal Aviation Administration, Fort Worth, TX.......... 110
Federal Aviation Administration, Renton, WA.............. 111
Environmental Protection Agency, Kansas City, KS......... 112
Environmental Protection Agency, San Francisco, CA....... 113
Federal Bureau of Investigation, Seattle, WA............. 114
General Services Administration, Northern Virginia....... 115
Social Security Administration, Seattle, WA.............. 116
United States Department of Agriculture, Washington, DC.. 117
Design and Construction:
St Elizabeths - West Campus, Washington, DC.............. 118
STATUTORY AUTHORITY FOR RESOLUTIONS BY THE COMMITTEE ON ENVIRONMENT AND
PUBLIC WORKS
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WATER RESOURCES RESOLUTIONS
Title 16, United States Code
Chapter 18. Watershed Protection and Flood Prevention
Sec. 1002. Definitions
For the purposes of this chapter, the following terms shall
mean: The ``Secretary''--the Secretary of Agriculture of the
United States.
``Works of improvement''--any undertaking for--
(1) Lflood prevention (including structural and land
treatment measures),
(2) Lthe conservation, development, utilization, and
disposal of water, or
(3) Lthe conservation and proper utilization of land,
in watershed or subwatershed area not exceeding two
hundred and fifty thousand acres and not including any
single structure which provides more than twelve
thousand five hundred acre-feet of floodwater detention
capacity, and more than twenty-five thousand acre-feet
of total capacity. No appropriation shall be made for
any plan involving an estimated Federal contribution to
construction costs in excess of $5,000,000, or which
includes any structure which provides more than twenty-
five hundred acre-feet of total capacity unless such
plan has been approved by resolutions adopted by the
appropriate committees of the Senate and House of
Representatives: Provided, That in the case of any plan
involving no single structure providing more than 4,000
acre-feet of total capacity the appropriate committees
shall be the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Agriculture
of the House of Representatives and in the case of any
plan involving any single structure of more than 4,000
acre-feet of total capacity the appropriate committees
shall be the Committee on Environment and Public Works
of the Senate and the Committee on Public Works and
Transportation of the House of Representatives,
respectively. Each project must contain benefits
directly related to agriculture, including rural
communities, that account for at least 20 percent of
the total benefits of the project. A number of such
subwatersheds when they are component parts of a larger
watershed may be planned together when the local
sponsoring organizations so desire.
``Local organization''--any State, political subdivision
thereof, soil or water conservation district, flood prevention
or control district, or combinations thereof, or any other
agency having authority under State law to carry out, maintain
and operate the works of improvement; or any irrigation or
reservoir company, water users' association, or similar
organization having such authority and not being operated for
profit that may be approved by the Secretary; or any Indian
tribe or tribal organization, as defined in section 450b of
title 25, having authority under Federal, State, or Indian
tribal law to carry out, maintain, and operate the works of
improvement.
* * * * * * *
Title 16, United States Code
Chapter 18. Watershed Protection and Flood Prevention
Sec. 1009. Joint investigations and surveys by Secretary of
the Army and Secretary of Agriculture; reports to Congress
The Secretary of the Army and the Secretary of Agriculture,
when authorized to do so by resolutions adopted by the
Committee on Environment and Public Works of the Senate or the
Committee on Public Works and Transportation of the House of
Representatives, are authorized and directed to make joint
investigations and surveys in accordance with their existing
authorities of watershed areas in the United States, Puerto
Rico, and the Virgin Islands, and to prepare joint reports on
such investigations and surveys setting forth their
recommendations for the installation of the works of
improvement needed for flood prevention or the conservation,
development, utilization, and disposal of water, and for flood
control and allied purposes. Such joint reports shall be
submitted to the Congress through the President for adoption
and authorization by the Congress of the recommended works of
improvement: Provided, That the project authorization procedure
established by this chapter shall not be affected.
* * * * * * *
Title 33, United States Code
Chapter 12. River and Harbor Improvements
Subchapter I. General Provisions
Sec. 542. Review by Board of Engineers of reports on
examinations and surveys and special reports
All reports on examinations and surveys authorized by law
shall be reviewed by the Board of Engineers for Rivers and
Harbors as provided for in section 541 of this title, and all
special reports ordered by Congress shall, in the discretion of
the Chief of Engineers, be reviewed in like manner by said
board; and the said board shall also, on request by resolution
of the Committee on Environment and Public Works of the Senate
or the Committee on Public Works and Transportation of the
House of Representatives, submitted to the Chief of Engineers,
examine and review the report of any examination or survey made
pursuant to any Act or resolution of Congress, and report
thereon through the Chief of Engineers, United States Army, who
shall submit his conclusions thereon as in other cases:
Provided, That in no case shall the board, in its report thus
called for by committee resolution, extend the scope of the
project contemplated in the original report upon which its
examination and review has been requested, or in the provision
of law authorizing the original examination or survey.
* * * * * * *
Title 33, United States Code
Chapter 15. Flood Control
Sec. 701b-7. Supplemental reports to Senate Environment and
Public Works Committee and House Public Works Committee
After the Secretary of Agriculture has submitted to
Congress a regular or formal report made on any examination or
survey, pursuant to the Flood Control Act approved June 22,
1936, as amended and supplemented, a supplemental, additional,
or review report or estimate may be made if authorized by law
or by resolution of the Committee on Public Works and
Transportation of the House of Representatives or the Committee
on Environment and Public Works of the Senate.
* * * * * * *
Title 42. United States Code (The Public Health and Welfare)
Chapter 19b. Water Resources Planning
Subchapter IV. Miscellaneous Provisions
Sec. 1962d-5. Water resources development projects involving
navigation, flood control, and shore protection
(a) Construction, operation, and maintenance; limitation on
estimated Federal first cost of construction; Congressional
committee approval of projects; reports to Congress
The Secretary of the Army, acting through the Chief of
Engineers, is authorized to construct, operate, and maintain
any water resource development project, including single and
multiple purpose projects involving, but not limited to,
navigation, flood control, and shore protection, if the
estimated Federal first cost of constructing such project is
less than $15,000,000. No appropriation shall be made to
construct, operate, or maintain any such project if such
project has not been approved by resolutions adopted by the
Committees on Public Works of the Senate and House of
Representatives, respectively. For the purpose of securing
consideration of such approval the Secretary shall transmit to
Congress a report of such proposed project, including all
relevant data and all costs.
(b) Local cooperation requirements based on certain
estimated Federal first cost of construction
Any water resource development project authorized to be
constructed by this section shall be subject to the same
requirements of local cooperation as it would be if the
estimated Federal first cost of such project were $15,000,000
or more.
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PUBLIC BUILDING RESOLUTIONS
Title 40. United States Code. (Public Buildings, Property, and Works)
Chapter 12. Construction, Alteration, and Acquisition of
Public Buildings
Sec. 606. Approval of proposed projects by Congress
(a) Limitation of funds; transmission to Congress of
prospectus of proposed project
In order to insure the equitable distribution of public
buildings throughout the United States with due regard for the
comparative urgency of need for such buildings, except as
provided in section 603 of this title, no appropriation shall
be made to construct, alter, purchase, or to acquire any
building to be used as a public building which involves a total
expenditure in excess of $1,500,000 if such construction,
alteration, purchase, or acquisition has not been approved by
resolutions adopted by the Committee on Public Works of the
Senate and House of Representatives, respectively. No
appropriations shall be made to lease any space at an average
annual rental in excess of $1,500,000 for use for public
purposes if such lease has not been approved by resolutions
adopted by the Committee on Public Works of the Senate and
House of Representatives, respectively. No appropriation shall
be made to alter any building, or part thereof, which is under
lease by the United States for use for a public purpose if the
cost of such alteration would exceed $750,000 unless such
alteration has been approved by resolutions adopted by the
Committee on Environment and Public Works of the Senate and the
Committee on Public Works and Transportation of the House of
Representatives. For the purpose of securing consideration for
such approval, the Administrator shall transmit to the Congress
a prospectus of the proposed facility, including (but not
limited to)--
(1) La brief description of the building to be
constructed, altered, purchased, acquired, or the space
to be leased under this chapter;
(2) Lthe location of the building or space to be leased
and an estimate of the maximum to the United States of
the facility to be constructed, altered, purchased,
acquired, or the space to be leased;
(3) La comprehensive plan for providing space for all
Government officers and employees in the locality of
the proposed facility or the space to be leased, having
due regard for suitable space which may continue to be
available in existing Government-owned or occupied
buildings, especially such of those buildings as
enhance the architectural, historical, social,
cultural, and economic environment of the locality;
(4) Lwith respect to any project for the construction,
alteration, purchase, or acquisition of any building, a
statement by the Administrator that suitable space
owned by the Government is not available and that
suitable rental space is not available at a price
commensurate with that to be afforded through the
proposed action;
(5) La statement by the Administrator of the economic
and other justifications for not acquiring or
purchasing a building or buildings identified to the
Administrator pursuant to section 611(c) of this title
as suitable for the public building needs of the
Federal Government; and
(6) La statement of rents and other housing costs
currently being paid by the Government for Federal
agencies to be housed in the building to be
constructed, altered, purchased, acquired, or the space
to be leased.
(b) Increase of estimated maximum cost
The estimated maximum cost of any project approved under
this section as set forth in any prospectus may be increased by
an amount equal to the percentage increase, if any, as
determined by the Administrator, in construction, or alteration
costs, as the case may be, from the date of transmittal of such
prospectus to Congress, but in no event shall the increase
authorized by this subsection exceed 10 per centum of such
estimated maximum cost.
(c) Rescission of approval for failure to make
appropriations for project
In the case of any project approved for construction,
alteration, or acquisition by the Committees on Public Works of
the Senate and of the House of Representatives, respectively,
in accordance with subsection (a) of this section, for which an
appropriation has not been made within one year after the date
of such approval, either the Committee on Public Works of the
Senate or the Committee on Public Works of the House of
Representatives, may rescind, by resolution, its approval of
such project at any time thereafter before such an
appropriation has been made.
(d) Emergency leases by the Administrator
Nothing in this section shall be construed to prevent the
Administrator from entering into emergency leases during any
period declared by the President to require such emergency
leasing authority, except that no such emergency lease shall be
for a period of more than 180 days without approval of a
prospectus for such lease in accordance with subsection (a) of
this section.
(e) Limitation on leasing certain space
(1) General rule
The Administrator may not lease any space to
accommodate--
(A) Lcomputer and telecommunications
operations;
(B) Lsecure or sensitive activities related to
the national defense or security, except in any
case in which it would be inappropriate to
locate such activities in a public building or
other facility identified with the United
States Government; or
(C) La permanent courtroom, judicial chamber,
or administrative office for any United States
court; if the average rental cost of leasing
such space would exceed $1,500,000.
(2) Exception
The Administrator may lease any space with respect to
which paragraph (1) applies if the Administrator first
determines, for reasons set forth in writing, that
leasing such space is necessary to meet requirements
which cannot be met in public buildings and submits
such reasons to the Committee on Environment and Public
Works of the Senate and the Committee on Public Works
and Transportation of the House of Representatives.
(f) Dollar amount adjustment
Any dollar amount referred to in this section and section
603(b) of this title may be adjusted by the Administrator
annually to reflect a percentage increase or decrease in
construction costs during the preceding calendar year, as
determined by the composite index of construction costs of the
Department of Commerce. Any such adjustment shall be
expeditiously reported to the Committee on Environment and
Public Works of the Senate and the Committee on Public Works
and Transportation of the House of Representatives.
* * * * * * *
Title 40. United States Code. (Public Buildings, Property, and Works)
Chapter 12 - Construction, Alteration, and Acquisition of
Public Buildings
Sec. 610. Report to Congress; uncompleted projects; building
project surveys
(a) Upon the request of either House of Congress, or any
committee thereof, and within a reasonable time, the
Administrator shall submit a report showing the location,
space, cost, and status, of each public building the
construction, alteration, or acquisition of which is to be
under authority of this chapter and which was uncompleted as of
the date of the request, or as of such other date as the
request may designate.
(b) The Administrator and the United States Postal Service
are authorized and directed to make such building project
surveys as may be requested by resolution by either the
Committee on Environment and Public Works of the Senate or the
Committee on Public Works and Transportation of the House of
Representatives, and within a reasonable time shall make a
report thereon to the Congress. Such report shall contain all
other information required to be included in a prospectus of
the proposed public building project under section 606(a) of
this title.
RESOLUTIONS APPROVED BY THE
SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
110th CONGRESS