<DOC> [From the U.S. Government Printing Office via GPO Access] [DOCID: f:52052.wais] 105th Congress S. Prt 2d Session COMMITTEE PRINT 105-66 _______________________________________________________________________ RESOLUTIONS ADOPTED BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES SENATE APPROVING WATER PROJECTS AND PUBLIC BUILDING PROSPECTUSES DURING THE 105th CONGRESS <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT> COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ONE HUNDRED FIFTH CONGRESS JOHN H. CHAFEE, Rhode Island, Chairman JOHN W. WARNER, Virginia MAX BAUCUS, Montana ROBERT SMITH, New Hampshire DANIEL PATRICK MOYNIHAN, New York DIRK KEMPTHORNE, Idaho FRANK R. LAUTENBERG, New Jersey JAMES M. INHOFE, Oklahoma HARRY REID, Nevada CRAIG THOMAS, Wyoming BOB GRAHAM, Florida CHRISTOPHER S. BOND, Missouri JOSEPH I. LIEBERMAN, Connecticut TIM HUTCHINSON, Arkansas BARBARA BOXER, California WAYNE ALLARD, Colorado RON WYDEN, Oregon JEFF SESSIONS, Alabama Jimmie Powell, Staff Director J. Thomas Sliter, Minority Staff Director (ii) C O N T E N T S ---------- Page 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 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 June 5, 1997: Public buildings: Bureau of Alcohol, Tobacco, and Firearms Building, Washington, DC, metropolitan area...................... 7 U.S. Courthouse, Montgomery, Alabama..................... 8 U.S. Courthouse, Orlando, Florida........................ 9 Water projects: Chesapeake Bay/Eastern Shore watershed studies........... 10 Rappahannock River and Embry Dam, Fredericksburg, Virginia............................................... 11 Sabine-Neches Waterway, Port of Beaumont, Port Arthur and Orange, Texas, and Fox Point Hurricane Barrier, Rhode Island................................................. 12 Susquehanna River and Chesapeake Bay at Havre de Grace, Maryland............................................... 13 Tillamook Bay and Bar, Oregon............................ 14 June 26, 1997: Public buildings: Bureau of Alcohol, Tobacco, and Firearms Building, suburban Maryland...................................... 15 Defense Intelligence Agency/Department of State/General Services Administration building, 3100 Clarendon Boulevard, Arlington, Virginia......................... 16 Department of Defense, Century Building, Arlington, Virginia............................................... 17 Department of Defense, Crystal Park 5 Building, Arlington, Virginia.................................... 18 Department of Defense, Crystal Plaza 6 Building, Arlington, Virginia.................................... 19 Department of Defense, Devon Corporate Center, Northern Virginia............................................... 20 Department of Health and Human Services and National Institutes of Health building, currently located in Executive Plaza, Rockville, Maryland................... 21 Department of Health and Human Services and National Institutes of Health building, currently located in Control Data Building, Rockville, Maryland............. 22 Department of Health and Human Services and Social Security Administration building, Chicago, Illinois.... 23 Department of Health and Human Services building, Washington, DC......................................... 24 Department of the Interior building, Washington, DC...... 25 Department of Veterans Affairs, Lafayette Building, Washington, DC......................................... 26 Fish and Wildlife Service building, Department of the Interior, Arlington, Virginia.......................... 27 Interstate Commerce Commission/U.S. Customs Service- Connecting Wing Building, Washington, DC............... 28 U.S. Geological Survey Laboratory, Denver Federal Center, Lakewood, Colorado..................................... 29 U.S. Secret Service, James J. Rowley Training Center, Beltsville, Maryland................................... 30 July 24, 1997: Water projects: Deerfield River Sub-basin, Connecticut River, Vermont and Massachusetts,......................................... 31 Llagas Creek Watershed, California....................... 32 October 29, 1997: Water projects: Christina River Watershed, Delaware River................ 33 Ohio and lower Mississippi Rivers, Kentucky.............. 34 San Francisco Bay and Tributaries, Hamilton Army Airfield, and San Pablo Bay, Marin County, California.. 35 November 6, 1997: Public buildings: Department of Transportation building, Washington, DC.... 36 May 21, 1998: Public buildings: Edward R. Roybal Federal Building, Los Angeles, California............................................. 37 Water projects: East Fork of Grand River, Iowa and Missouri.............. 38 Rhode Island navigation projects......................... 39 July 22, 1998: Public buildings: Robert Duncan Plaza Building, Portland, Oregon........... 40 September 23, 1998: Public buildings: Appraisers Building, San Francisco, California........... 41 Department of Defense building, 5-year lease, Arlington, Virginia............................................... 42 Department of Defense building, 10-year lease, Arlington, Virginia............................................... 43 Department of Defense building, Falls Church, Virginia... 44 Department of Health and Human Services building, suburban Maryland...................................... 45 Department of Justice building, Washington, DC........... 46 Department of Justice building, Northern Virginia........ 47 Department of the Army building, Northern Virginia....... 48 Federal Office Building 10B, Washington, DC.............. 49 Internal Revenue Service building, Washington, DC........ 50 Internal Revenue Service Center, Brookhaven, New York.... 51 Internal Revenue Service Regional Counsel building, New York, New York......................................... 52 J.W. Powell Building, Reston, Virginia................... 53 James A. Byrne U.S. Courthouse and William J. Green Federal Building, Philadelphia, Pennsylvania........... 54 Old Executive Office Building, Washington, DC............ 55 Prospectus for design of various projects scheduled for future years........................................... 56 U.S. Border Station, Babb, Montana....................... 57 U.S. Border Station, Sault Sainte Marie, Michigan........ 58 U.S. Courthouse, Biloxi-Gulfport, Mississippi............ 59 U.S. Courthouse, Cape Girardeau, Missouri................ 60 U.S. Courthouse, Denver, Colorado........................ 61 U.S. Courthouse, Eugene, Oregon.......................... 62 U.S. Courthouse, Foley Square, New York, New York........ 63 U.S. Courthouse, Greenville, Tennessee................... 64 U.S. Courthouse, Jacksonville, Florida................... 65 U.S. Courthouse, San Diego, California................... 66 U.S. Courthouse, San Jose, California.................... 67 U.S. Courthouse, Savannah, Georgia....................... 68 U.S. Courthouse, Springfield, Massachusetts.............. 69 U.S. Courthouse-Federal Building, Laredo, Texas.......... 70 U.S. Courthouse-Federal Building, Wheeling, West Virginia 71 U.S. Courthouse-Post Office Building, Little Rock, Arkansas............................................... 72 U.S. Courthouse-Post Office facility, Brooklyn, New York. 73 October 2, 1998: Public buildings: United Nations Mission, New York, New York............... 74 Index............................................................ 75 STATUTORY AUTHORITY FOR RESOLUTIONS BY THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ---------- 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. ---------- 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. 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Rowley Training Center............................................ 30 Biloxi-Gulfport, Mississippi: U.S. Courthouse................ 59 Brookhaven, New York: Internal Revenue Service Center........ 51 Brooklyn, New York: U.S. Courthouse-Post Office facility..... 73 Cape Girardeau, Missouri: U.S. Courthouse.................... 60 Chicago, Illinois: Department of Health and Human Services and Social Security Administration building................ 23 Denver, Colorado: U.S. Courthouse............................ 61 Eugene, Oregon: U.S. Courthouse.............................. 62 Falls Church, Virginia: Department of Defense................ 44 Greenville, Tennessee: U.S. Courthouse....................... 64 Jacksonville, Florida: U.S. Courthouse....................... 65 Lakewood, Colorado: U.S. Geological Survey Laboratory, Denver Federal Center............................................. 29 Laredo, Texas: U.S. Courthouse-Federal Building.............. 70 Little Rock, Arkansas: U.S. Courthouse-Post Office Building.. 72 Los Angeles, California: Edward R. Roybal Federal Building... 37 Montgomery, Alabama: U.S. Courthouse......................... 8 New York, New York: Internal Revenue Service Regional Counsel building....... 52 U.S. Courthouse, Foley Square............................ 63 United Nations Mission................................... 74 Northern Virginia: Department of Defense, Devon Corporate Center............ 20 Department of Justice building........................... 47 Department of the Army building.......................... 48 Orlando, Florida: U.S. Courthouse............................ 9 Philadelphia, Pennsylvania: James A. Byrne U.S. Courthouse and William J. Green Federal Building...................... 54 Portland, Oregon: Robert Duncan Plaza Building............... 40 Prospectus for design of various projects scheduled for future years............................................... 56 Reston, Virginia: J.W. Powell Building....................... 53 Rockville, Maryland: Department of Health and Human Services and National Institutes of Health, currently located in Executive Plaza.................................................. 21 Department of Health and Human Services and National Institutes of Health, currently located in Control Data Building............................................... 22 San Diego, California: U.S. Courthouse....................... 66 San Francisco, California: Appraisers Building............... 41 San Jose, California: U.S. Courthouse........................ 67 Sault Sainte Marie, Michigan: U.S. Border Station............ 58 Savannah, Georgia; U.S. Courthouse........................... 68 Springfield, Massachusetts: U.S. Courthouse.................. 69 Suburban Maryland: Bureau of Alcohol, Tobacco, and Firearms Building........ 15 epartment of Health and Human Services................... 45 Washington, DC: Bureau of Alcohol, Tobacco, and Firearms Building, Washington metropolitan area........................... 7 Department of Health and Human Services building......... 24 Department of Justice main building...................... 46 Department of the Interior building...................... 25 Department of Transportation building.................... 36 Department of Veterans Affairs, Lafayette Building....... 26 Federal Office Building 10B.............................. 49 Internal Revenue Service building........................ 50 Interstate Commerce Commission/U.S. Customs Service- Connecting Wing Building............................... 28 Old Executive Office Building............................ 55 Wheeling, West Virginia: U.S. Courthouse-Federal Building.... 71 Water resource resolutions, by location: Chesapeake Bay/Eastern Shore watershed studies............... 10 Christina River Watershed, Delaware River.................... 33 Deerfield River Sub-basin, Connecticut River, Vermont and Massachusetts,............................................. 31 Llagas Creek Watershed, California........................... 32 Ohio and lower Mississippi Rivers, Kentucky.................. 34 Rappahannock River and Embry Dam, Fredericksburg, Virginia... 11 Sabine-Neches Waterway, Port of Beaumont, Port Arthur and Orange, Texas, and Fox Point Hurricane Barrier, Rhode Island..................................................... 12 San Francisco Bay and Tributaries, Hamilton Army Airfield, and San Pablo Bay, Marin County, California................ 35 Susquehanna River and Chesapeake Bay at Havre de Grace, Maryland................................................... 13 Tillamook Bay and Bar, Oregon................................ 14 <all>