[Senate Hearing 118-724]
[From the U.S. Government Publishing Office]
S. Hrg. 118-724
LESSONS LEARNED FROM THE FEDERAL
RESPONSE TO THE FRANCIS SCOTT KEY
BRIDGE COLLAPSE ON MARCH 26, 2024
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
ONE HUNDRED EIGHTEENTH CONGRESS
SECOND SESSION
__________
JULY 10, 2024
__________
Printed for the use of the Committee on Environment and Public Works
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ONE HUNDRED EIGHTEENTH CONGRESS
SECOND SESSION
THOMAS R. CARPER, Delaware, Chairman
SHELLEY MOORE CAPITO, West Virginia, Ranking Member
BENJAMIN L. CARDIN, Maryland KEVIN CRAMER, North Dakota
BERNARD SANDERS, Vermont CYNTHIA M. LUMMIS, Wyoming
SHELDON WHITEHOUSE, Rhode Island MARKWAYNE MULLIN, Oklahoma
JEFF MERKLEY, Oregon PETE RICKETTS, Nebraska
EDWARD J. MARKEY, Massachusetts JOHN BOOZMAN, Arkansas
DEBBIE STABENOW, Michigan ROGER WICKER, Mississippi
MARK KELLY, Arizona DAN SULLIVAN, Alaska
ALEX PADILLA, California LINDSEY O. GRAHAM, South Carolina
JOHN FETTERMAN, Pennsylvania
Courtney Taylor, Democratic Staff Director
Adam Tomlinson, Republican Staff Director
C O N T E N T S
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Page
JULY 10, 2024
OPENING STATEMENTS
Carper, Hon. Thomas R., U.S. Senator from the State of Delaware.. 1
Capito, Hon. Shelley Moore, U.S. Senator from the State of West
Virginia....................................................... 3
Cardin, Hon. Benjamin, U.S. Senator from the State of Maryland... 6
Prepared statement........................................... 10
Van Hollen, Hon. Chris, U.S. Senator from the State of Maryland.. 13
Prepared statement........................................... 16
WITNESSES
Bhatt, Hon. Shailen, Administrator, Federal Highway
Administration................................................. 19
Prepared statement........................................... 22
Spellmon, Scott A., Lieutenant General, 55th Chief of Engineers
and Commanding General, U.S. Army Corps of Engineers........... 24
Prepared statement........................................... 26
Wiedefeld, Hon. Paul J., Secretary, Department of Transportation,
State of Maryland.............................................. 33
Prepared statement........................................... 35
ADDITIONAL MATERIAL
Emergency Relief Program Supplemental Appropriations for FY 1990-
2023........................................................... 58
Letter to Congressional Leadership from the Board of Directors of
the International Bridge, Tunnel and Turnpike Association
(IBTTA)........................................................ 61
LESSONS LEARNED FROM THE FEDERAL
RESPONSE TO THE FRANCIS SCOTT KEY BRIDGE COLLAPSE ON MARCH 26, 2024
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WEDNESDAY, JULY 10, 2024
U.S. Senate,
Committee on Environment and Public Works,
Washington, DC.
The committee met, pursuant to notice, at 10:01 a.m. in
room 406, Dirksen Senate Office Building, Hon. Thomas R. Carper
(chairman of the committee) presiding.
Present: Senators Carper, Capito, Cardin, Van Hollen,
Whitehouse, Merkley, Kelly, Ricketts.
OPENING STATEMENT OF HON. THOMAS R. CARPER,
U.S. SENATOR FROM THE STATE OF DELAWARE
Senator Carper. Good morning, everyone. I am pleased to
call today's hearing to order.
As you all know, we are here to discuss the State and the
Federal response to the collapse of the Francis Scott Key
Bridge in Baltimore, Maryland, some 3 months ago. I want to
thank our three witnesses for joining us. I also want to thank
Senators Cardin and Van Hollen, who, not surprisingly, have
been tireless advocates for their State, our neighboring State.
As we all know the Key Bridge collapsed in the early hours
of March 26th when a cargo ship that had lost power struck one
of the bridge's support piers, setting off an all-hands-on-deck
response. Our hearts went out then and they go out today to the
families, the friends, and the communities of the six men who
lost their lives while working on the bridge that night.
For leaders here in Congress, in the executive branch and
across all levels of government, the collapse of the Key Bridge
was a wake-up call. After the collapse of the Key Bridge, it
came to light that of the 4,000 bridges in the United States
that allow ships to pass under them, two-thirds lack
fundamental pier protection. Let me repeat that: of all the
4,000 bridges in the U.S. that allow ships to pass under them,
two-thirds lack functional pier protection.
Many of our colleagues have heard me quote Albert Einstein
who used to say, among other things, ``in adversity lies
opportunity.'' Even in this instance, I think that is true. I
hope that today's hearing will serve as an opportunity for us
to discuss the lessons that we have learned from this tragedy
and the immediate response to it. We will also discuss the path
that lies ahead to help rebuild the bridge and consider how we
can prevent tragedies like this from happening in this Country
in the future.
During today's hearing, we will explore the efforts to
reopen the port and remove debris from the shipping channel.
Then, we will assess the effects of the bridge's collapse on
Baltimore's communities and its economy. Finally, we will
discuss next steps in the recovery and the rebuilding process.
First, though, we are going to examine the response efforts
that began from the moment that authorities learned that the
Dali had lost its steering capabilities. As many of you will
recall, before the bridge fell, emergency responders acted
quickly to close the bridge to additional traffic, saving lives
by keeping vehicles off of the bridge, probably saving many
lives. Within hours, the Coast Guard and the Army Corps of
Engineers took steps to protect the people on board the vessel
and to prevent further damage.
Working hand in glove, the Federal, State, and local
agencies then stabilized the remaining structural pieces of the
bridge and cleared debris from the shipping channel. Thanks in
no small part to the expert work of the Unified Command, the
Port of Baltimore was fully reopened in 2 months. Talk about
miracles; I think that is one of them.
Along with a group of local, State, and Federal leaders
including General Spellmon, who is here today, the Governor and
Lieutenant Governor of Maryland, and members of our staffs, I
recently visited the Key Bridge. During the visit, we learned
more about the incredible work that has gone into the recovery
and salvage efforts to date. I also had the opportunity to
thank a number of the Federal, State, and local leaders who
worked together to immediately and effectively respond to this
disaster. We are deeply grateful to the men and women who
risked their lives during this operation and worked literally
around the clock to reopen the channel.
In light of this success, I want to commend our witnesses
here today. I also want to commend Colonel Estee, and I will
always screw up this name, Estee Pinchasin. Is she here? Okay,
give her our best. Commander of the Baltimore District, she has
demonstrated remarkable leadership throughout this disaster
response. Maybe by the time it is all over, we will get her
name correctly pronounced, and I will be one of those.
Next, we will assess the impact the collapse has had on
Baltimore's communities and on Baltimore's economy. Thousands
of people have had their lives disrupted and the economic
impacts of this disaster are still being felt across Baltimore
and, my guess is, throughout the State of Maryland.
Prior to its collapse, more than 30,000 vehicles traveled
over the Key Bridge every day, 30,000. Many of the trucks
carrying cargo in and out of the Port of Baltimore had to be
rerouted onto roads in nearby neighborhoods, which has worsened
air quality in surrounding communities, as you might imagine.
As the response efforts continue, it is essential that we
address the far-reaching effects of this disaster on the city
and on the region.
Finally, with debris removal nearly complete and the
Federal channel back in full operation, much of the work
remaining to be done will now focus on rebuilding the bridge.
Planning efforts are still underway, and rebuilding the bridge
will be an immense effort that will very likely require
continued collaboration between State, Federal, and local
agencies for years to come.
Rebuilding the bridge is also expected to be a large
financial undertaking. President Biden, as we all know, has
committed the resources of the Federal Government to help
Maryland rebuild. With that said, Administrator Bhatt testified
before this committee just last month that the proceeds of
insurance payments and other future claims will be used to
reimburse the Federal Government for a considerable portion of
the cost of rebuilding the bridge.
Today's hearing probably could not have come at a more
opportune time. The President has just submitted a supplemental
appropriations request to the Congress. The $3.1 billion in
emergency response funding that the President requested for the
Department of Transportation would support efforts to address
this disaster and a number of other disasters that have not yet
received assistance. That includes a major mudslide in Jackson,
Wyoming, as well as tragic losses in Maui last year and other
recent disasters across our Country. Passing the supplemental
appropriation bill will be the most expedient path to address
not only the needs of Baltimore, but also the needs of a number
of other States awaiting assistance.
In closing, let me just add that I believe that when all
levels of government work together to safeguard and invest in
our infrastructure, it makes our communities better, stronger,
and safer. I believe that it is our shared responsibility to
make these investments.
There is no doubt that we still have significant work ahead
of us to continue to build and rebuild the infrastructure that
America will need for the 21st century. We look forward to
hearing from our witnesses about the coordinated response to
the events that have transpired on March 26th and the work that
still lies ahead to rebuild the Key Bridge.
Before that, we turn to our Ranking Member, Senator Capito.
Before she shares her thoughts with us, let me just
acknowledge, Delaware and Maryland are neighbors. There is
something called the DelMarVa Peninsula. We are joined at the
hip, from north to south. The questions is, how should we treat
our neighbors? We ought to treat our neighbors the way we would
want to be treated, and in their shoes.
We will try to do that as best we can, but this is a shared
responsibility. Try to make sure that those other States I
mentioned, Maui, I mentioned Hawaii, I mentioned Wyoming, the
other States that are facing great difficulties and turmoil and
disruption because of their own disasters, we want to make sure
that we are fair to them and treat them, even though they are
not our neighbors necessarily, we want to make sure that we
treat them fairly.
Senator Capito.
OPENING STATEMENT OF HON. SHELLEY MOORE CAPITO,
U.S. SENATOR FROM THE STATE OF WEST VIRGINIA
Senator Capito. Thank you, Mr. Chairman. Thanks for calling
this hearing today to examine the response to the Francis Scott
Key Bridge collapse, and the lessons learned, and the efforts
to rebuild the new bridge.
I want to thank my colleagues for being here. I know when
something like this occurs in your State, it is very deeply
felt, and I am sure we will hear that through your statements
and certainly private conversations that we have had, as well.
I will say Maryland is also a neighbor of West Virginia, but we
are kind of on the western side there.
Before I proceed with my opening remarks, I do want to
acknowledge the passing of our former Chairman, Jim Inhofe,
this week and express my sincere condolences to his family. He
sat in this chair, and I sat very close to him.
Senator Inhofe was a true public servant, a workhorse for
the people of Oklahoma, and the embodiment of kindness and
leadership for all who knew him. He was also, as we know, those
of us who have been to the prayer breakfasts on Wednesday
mornings, a very spiritual man at the same time, and a family
man.
As chairman of the committee, he developed a strong
tradition of tackling the Nation's infrastructure in a
bipartisan and thoughtful manner, a tradition that sent many
bills to the President's desk for signature. I am pleased that
this committee has continue his tradition.
Senator Carper. If I could interrupt you for just a moment,
I am Tom Carper, and I approve this message.
[Laughter.]
Senator Capito. Turning to the topic of today's hearing, I
want to say how impressed I was, and I have said this publicly
just about every time I have talked about the bridge, and the
Chairman talked about this, at the rapid and professional
response to the Key Bridge collapse from everybody, from
Federal, State, and local agencies. I also want to extend my
condolences to the families of the six folks who,
unfortunately, lost their lives that day.
We are grateful that the quick action to close the bridge
to traffic prevented further loss of life, and that the
response and recovery efforts began almost immediately
thereafter. The salvage effort to remove the debris from the
collapsed bridge and refloat the Dali was a massive undertaking
and amazingly quick.
In total, the U.S. Army Corps of Engineers, in coordination
with the U.S. Navy Supervisor of Salvage and Diving, cleared
more than 50,000 tons of debris from the river. The Corps'
effective management of these operations allowed for the
establishment of limited capacity channels, while a team of
experts worked to clear the river and restore a critical
component of our supply chain, of which West Virginia coal was
on the other side, and uses the port quite frequently for
exports.
On June 10th, the Corps announced the restoration of the
Federal channel to its original dimensions of 700 feet wide by
50 feet deep for commercial navigation, which enabled
operations to resume at the Port of Baltimore.
General Spellmon, thank you for your leadership on this
matter. I understand, and we just talked briefly, that your
time with the Corps of Engineers is coming to an end here
shortly, and I want to express my sincere gratitude for your
service to our Country and your dedication to addressing our
Nation's infrastructure and our challenges ahead.
On the highway side, the Federal Highway Administration
disbursed $60 million in Quick Release funding from the
Emergency Relief, or ER, Program within 2 days of the collapse
so that the Maryland State Department of Transportation would
have Federal resources to help with the agency's recovery
efforts.
Federal Highways has also been lending its broad technical
expertise to Maryland DOT to help get the project for the new
bridge underway. Through the ER Program, the Federal Government
plays a key role in helping State DOTs repair highways and
bridges that have been damaged by natural disasters and other
emergencies.
Currently, the ER Program itself is drastically short of
the funding necessary for all of the eligible projects. As of
June 25th, the current funding shortfall stands at $3.5
billion, with a backlog of 38 States and territories that have
more than 130 eligible events. The Chairman spoke about several
of those. Ensuring adequate funding for the ER Program is
vastly important to helping communities recover from these
events and restore connections in our supply chain.
Moreover, the Highway Trust Fund, which provides contract
authority for certain surface transportation programs, will
face another funding shortfall, according to the Congressional
Budget Office (CBO). Specifically, the CBO estimates that the
Highway Trust Fund's shortfall is more than $284 billion over
the 10 year budget window, so you see where we are. This amount
does not account for the prudent cash cushions that are always
recommended by the U.S. Department of Transportation.
The Committee will have to contend with the Highway Trust
Fund's shortfall when we begin our work on the next Surface
Transportation Reauthorization Bill, which we will begin
probably in the beginning of next year. In the meantime, the
Biden Administration transmitted an additional supplemental
appropriations request to Congress, which builds on their
request from last fall. I expect that Congress will need to
consider a supplemental appropriations bill to address the
funding shortfall of the ER Program and other pressing needs in
the coming months.
As part of that legislation, I expect that Congress will
have to consider the extent to which statutory cost share
requirements for any ER projects should be changed. In general,
an ER project has a Federal cost share of either 80 percent or
90 percent, based on the type of highway or bridge that is
being repaired.
My colleague, Senator Cardin, has introduced a bill that
would provide 100 percent Federal funding to replace the Key
Bridge. I want to raise just a couple of issues, and we will
probably get this into the questions, that I think Congress
should consider as it evaluates whether 100 percent Federal
cost share is appropriate for this particular project.
The Key Bridge was a revenue-generating asset, with more
than $56 million in toll revenue collected in the year of 2023.
My understanding is that the Maryland DOT intends for the new
bridge to also be a tolled facility, which means that there is
a source of funding for Maryland's DOT 10 percent cost share.
In fact, this funding model was successfully used to construct
the Fort McHenry Tunnel in Baltimore, Maryland. The Federal
Government advanced Maryland its required 10 percent, and
Maryland reimbursed the Federal Government with revenue from
the tunnel's tolls over time.
As I mentioned earlier in my statement, there are many
important projects that are currently on the ER backlog list.
Congress should determine an equitable basis for when ER
projects should receive a greater share of Federal funding than
what is allowed under the program's statute.
If Congress does not require Maryland to share in the costs
of a project like the replacement of the Key Bridge, which will
have a revenue source, how can Congress require any other
recipient of ER Program funding to pay their cost share?
I look forward to gathering information and feedback from
our witnesses on this matter. I am also eager to hear about any
updates on the status of the Maryland DOT's efforts to
reconstruct the bridge, including any new updates on cost
estimates and scope of the project, given that responses to the
Agency's request for proposals were due last month.
I look forward to learning more about how Maryland DOT
plans to deliver this project and whether the agency will be
able to utilize any existing authorities to expedite the
environmental review and the permitting process.
I thank our witnesses for being here, and I thank you,
Chairman, for having the hearing.
Senator Carper. Thank you, Senator Capito.
We have invited several of our colleagues, a couple of our
colleagues, from Maryland, Senator Cardin and Senator Van
Hollen, to also make opening statements this day. Senator
Cardin, as you will recall, is a senior member of this
committee and former Chairman of the Transportation and
Infrastructure Subcommittee.
Senator Cardin, welcome. You are recognized.
OPENING STATEMENT OF HON. BENJAMIN L. CARDIN,
U.S. SENATOR FROM THE STATE OF MARYLAND
Senator Cardin. Chairman Carper, thank you very much, and
Senator Capito. Thank you for holding this hearing and for the
courtesy of being able to testify.
I want to also comment in regard to Jim Inhofe. We were
elected together in 1986, so we were in the same class in the
House of Representatives. We became close friends in the House
and close friends in the Senate. I admired him greatly for his
integrity and his passion. The line I liked the most that he
would say is that ``a true conservative,'' as he was, clearly,
``supports more money for infrastructure.''
[Laughter.]
Senator Cardin. He was a great chairman of this committee,
so I thank you for that.
It is good to be here with Senator Van Hollen. I know we
are far apart at this dais, but believe me, we are working and
joined at the hip in regards to this issue and the issues
affecting Maryland.
March 26th was a tragic shock day for all of us in
Maryland. I was awakened early in the morning and looked at the
video and was shocked by how quickly the Francis Scott Key
Bridge collapsed after being struck by the Dali. The loss of
life was our major concern, trying to rescue. We lost six
people in that tragedy. They are always in our thoughts and our
prayers, and always with their families.
The Port of Baltimore was closed. The third-busiest port in
the United States closed as a result of the tragedy. The next
morning, workers had no place to go to work. Hundreds of
thousands of people were directly impacted by the Port of
Baltimore being closed.
Businesses were shuttered. Small business operators had no
business. It was a major catastrophic event for our economy,
and by the way, it affected the entire region. The Small
Business Administration was there setting up an office
immediately, affecting businesses in six States, so it affected
an entire region of our Country.
In fact, it affected our entire Country, because the
supplies of a lot of the agricultural and roll-off cargo was
affected throughout our Country. It shut down a major artery,
the major artery of I-95, as the Chairman pointed out, over
30,000 vehicles a day.
I want to just first acknowledge the incredible unified
response, starting with the President of the United States,
President Biden. He was very direct about the Federal response,
and he was very helpful to all of us.
I want to thank Administrator Bhatt and Secretary
Buttigieg. They were there immediately, providing the expertise
and resources, as Senator Capito pointed out. Sixty million
dollars was released almost immediately to deal with the
cleanup operations of the bridge itself. I want to thank
General Spellmon and Colonel Pinchasin.
I must tell you, I knew that they were good. I did not know
that they were this good. You are talking about, as Senator
Capito said, 50,000 tons of debris. It was highly contained, so
therefore, when you started to try to remove anything, you
would have a spring effect that could very well have caused
additional injury and damage and death, and they could not see
at all in the water. They had to use sonar in order to figure
out where things were. The expertise was unbelievable, and the
response was unbelievable.
I want to thank the U.S. Coast Guard. They were the head of
the Unified Command. They did incredible work, keeping all of
the people working in the same direction. Secretary Wiedefeld,
our Secretary of the Department of Transportation, along with
Governor Moore and Baltimore City Mayor Scott, all worked as a
unified team in order to deal with the challenges of the
families, of the victims, to deal with the businesses that were
shuttered, to deal with the workers, to deal with the port
issues, and to deal with the replacement of the bridge.
As the Chairman pointed out, our incredible thanks go out
to our first responders. It is almost unbelievable that we only
lost six lives. The quick action of the first responders kept
other vehicles from being on the bridge. We are talking about
seconds, that is all that it was between the original alert and
the bridge coming down, and they were able to prevent other
cars from going onto the bridge, saving many lives.
In regard to the bridge replacement, we have a major issue.
City streets are being now inundated by truck traffic. We have
seen an 18 percent increase in the tunnel traffic, which is
causing major delays through our tunnels. For hazardous
materials and those who choose to take the detour around the
beltway, it is a 25-mile detour through a part of the beltway
that already was congested with major delays, now having even
more major delays.
Make no mistake about it, there is a serious impact until
that bridge is replaced, and it is going to take a couple
years. We recognize that, but we need to act quickly.
That is why Senator Van Hollen and I filed legislation, the
BRIDGE Relief Act, because we need to know the certainty of the
Federal share. Let me just point out, we are asking for 100
percent, because that is what we have done in the past. We need
it now because we are lending contracts to start the
construction now. We do not want to delay this. Every month it
is delayed is additional loss to our communities and
frustration among drivers, not only those that are directly
impacted by the port, but those that are using our streets.
Neighborhoods are impacted, so we need to get this moving as
quickly as possible.
I point out that changing the share to 100 percent is
totally consistent with the prior practices that we have done
during emergencies. We did that for the I-35 W Bridge in
Minnesota. We did it for Hurricane Irma, Hurricane Maria,
Hurricane Fiona. All of those, we changed the share from 90
percent to 100 percent. Why? Because it was a major event.
Senator Van Hollen and I, the Maryland delegation strongly
supported our efforts on behalf of our sister States' problems,
and we expect that we will get the same courtesy in reply.
Let me also point out that it is supported by the
Administration. Director Young has sent a letter to us
supporting this.
Let me mention the issue in regards to the toll issue,
because Senator Capito mentioned that. The tolls issues in
regards to this facility are totally inconsistent with the
requirements in Title 23. The toll revenues are not used to
build a replacement bridge for the Francis Scott Key Bridge. It
is used for the maintenance of our interState system.
It has already taken a major hit as a result of the Francis
Scott Key Bridge being knocked down. We have lost literally
millions of dollars of revenues already, and we are behind in
the resources we would normally get. This is not being used for
the replacement of the bridge.
Second, there will be recoveries. We put that in the
legislation. They are expecting a record recovery from
insurance and third party claims, and that will be used to
reduce dramatically the Federal share.
The State of Maryland, all of those funds go to the Federal
Government. It would be penalizing the State of Maryland if you
required us to use our toll facilities to repay our 10 percent.
We think that would be totally unfair, and I just have to be
pretty honest about that. I think it would be penalizing our
State.
Yes, I support the supplemental. We need to get the ER
funds up to where it needs to be. We strongly support that, but
let's be realistic, that is going to take some time before we
get around to doing it. I would ask your support for the first
available vehicle for us to be able to get the cost share
legislation passed. I think that is a matter of fairness and
importance for us to be able to move forward with this project.
With that, I am glad to be here with my colleague. We are
going to work together, and we are going to certainly work with
the Chair and Ranking Member and all the members of this
committee in order that we can get this project done as quickly
as possible.
[The prepared statement of Senator Cardin follows:]
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Senator Carper. Senator Cardin, thank you for those words.
Before I recognize Senator Van Hollen, I am going to go
back to Jim Inhofe. Jim Inhofe, for those who remember, was a,
I do not mean this in an unkind way, he was a climate change
denier. There is famously, one of the most memorable things he
did, I do not know if it was springtime and we had a big
snowfall here, and he went out and gathered snow in front of
the U.S. Capitol and made snowballs, and brought them in to the
chamber, and said, for those of you who think that this climate
change is real, look at all these snowballs.
He ended up, in the time that he was here, joining me as,
initially a George Voinovich Republican, but later Jim Inhofe
went on to be the co-chair, cosponsor for the Diesel Emission
Reduction Act, which has done a whole lot to reduce diesel
emissions and help up in the battle on climate change, so God
bless Jim Inhofe. Thank you.
Chris, welcome. Chris Van Hollen is, if I am not mistaking,
previously a member, a valued member of this committee. We are
grateful that you can join us this morning. You are now
recognized. Go ahead, please.
And at some point in time, maybe right after Senator Van
Hollen, I need to run over to the Homeland Security Committee.
They are having a hearing on permitting, which my colleagues
know is a big deal for all of us. I have to slip out for a part
of that.
Senator Cardin. When you step out, can I take the chair and
move my legislation forward?
[Laughter.]
Senator Van Hollen. I will second that.
Senator Carper. No. Go ahead, Chris.
OPENING STATEMENT OF HON. CHRIS VAN HOLLEN,
U.S. SENATOR FROM THE STATE OF MARYLAND
Senator Van Hollen. Thank you, thank you, Chairman Carper,
Ranking Member Capito. Thank you both for remembering Senator
Inhofe. Thank both of you for being great neighbors of
Maryland, literally, Delaware to the east, West Virginia to our
west, and thank you not only for being good geographic
neighbors, but being good neighbors in spirit and working
together.
As Senator Cardin indicated, we have a tradition in the
Country of considering every State a neighbor, whether or not
they are geographically connected. I want to thank Senator
Ricketts for being here and other members of the committee.
That is the approach we have taken, that we are one Country,
and when one State has an emergency of this kind of impact and
consequence, we are all neighbors, whether we are
geographically connected or not, because we are all Americans,
and I do encourage the committee to continue to work in that
spirit.
Senator Carper, I do have a little bone to pick with you,
which is that yesterday, the State of Delaware, I think it was
yesterday, made Orange Crush their official State cocktail. I
just want you to remember, my friend, that it was made famous,
Orange Crush, on another part of the Eastern Shore, Ocean City.
Both Senator Cardin and I are willing to forgive this
transgression by the State of Delaware, since you are
cooperating with us as a good neighbor on other issues.
Senator Carper. I don't know if that is a fair trade, but
we will see.
[Laughter.]
Senator Van Hollen. Let me just say, with Senator Cardin
here, he has been a great captain of Team Maryland. We have
seen him at work here in response to the tragedy of the
collapse of the Key Bridge. He has brought us together on a
bipartisan basis.
Every member of the Maryland Delegation, including
representatives from the Eastern Shore to Western Maryland are
backing the legislation we have introduced. It is just the
latest example of his leadership. I do just want to take this
opportunity before the committee that he has served on so
honorably and well, to thank my partner, Senator Cardin, for
his leadership of the Maryland Delegation. We are seeing it in
action right here.
We all, every one of us from Maryland, are sponsoring the
Baltimore BRIDGE Relief Act. I know I will cover some of the
same things that have already been mentioned, but I do think
these points are worth emphasizing, because for 47 years, the
Key Bridge in Baltimore has been an iconic and indelible part
of our landscape and our psychology.
It is also a vital transportation artery for the region.
More than 34,000 travelers cross it every single day, and as
Senator Cardin mentioned, the impact of its collapse is being
felt dramatically in terms of congestion in the region.
As the Country has learned, it was also the gateway to the
Port of Baltimore, which welcomes 1,800 hundred ships every day
and generates tens of thousands of jobs. I think the Country
learned that it is the busiest port in America for automobiles,
light trucks, farm and construction machinery, imported forest
products, aluminum, and sugar, $70 billion of economic activity
per year.
Its collapse shook the world. It was a tragedy for our
Country and, first and foremost, it was a human tragedy. We did
lose those six individuals, six souls, that day, who were
working the overnight shift on the Key Bridge. They each had
loved ones who depended upon them. Four of them were fathers.
We have been working ever since to support those families. We
want to thank the committee and the Country and, of course, in
our State, all of those who are working to do that.
Then, as you mentioned, Senator Capito and Senator Carper,
huge chunks of debris went into the channel, blocking the
ships, putting 8,000 people out of work temporarily, impacting
and harming small businesses and others who depend for their
economic livelihood on the Port of Baltimore. It deprived the
region of that key transportation link, and this is why we are
so urgently seeking support for the new bridge.
What we have seen is that, as the bridge fell apart, we
came together as a delegation and a Country. I, too, want to
thank all those who were recognized earlier, from the first
responders who helped save additional lives, to the Unified
Command that quickly came together, both the Federal officials
and the State officials.
President Biden did reach out personally to myself and
Senator Cardin and the Governor, Governor Moore, and others and
quickly ordered the Federal Government to use all parts of our
power to support Baltimore and Maryland in this hour of need.
I do also want to mention specifically the folks at the
Army Corps. General Spellmon, thank you for your efforts in
terms of clearing the channel in such fast time, and Colonel
Estee Pinchasin has been mentioned. I also want to thank her.
She is retiring from this particular spot and going on to
another one, but I want to recognize her efforts as well.
Secretary Wiedefeld is here, and he has been working very
closely with Secretary Buttigieg, and I want to thank them. As
you know, we were enrolled in the Emergency Relief Program, and
as Senator Capito mentioned, and Senator Carper, you are well
aware as are the other committees, we now have about 38 States
that are subscribed to that program. We all have a common
interest in making sure that it is fully replenished. That
covers 90 percent of the cost.
But Senator Cardin and I introduced the legislation we did
with our delegation because it has been a tradition in the
United States of America of providing 100 percent support for
States that have undergone this kind of tragedy. We have been
there for other States during their times of need, and we
really hope every State represented in the Senate will be with
us right now.
I want to, in closing, just emphasize a point that Senator
Cardin made, and it is written into the bill. It was already
current law, but we made it very explicit that the Federal
Government will receive ``any compensation for damages or
insurance proceeds, including interest recovered by a State, a
political subdivision of a State, or a toll authority for
repair, including reconstruction of the bridge.''
Colleagues, the emergency supplemental that the President
submitted, of course, includes emergency help for replacing the
Key Bridge. It also, as you have mentioned, includes funds to
help other States, from Hawaii to the far west, to the south,
that have been impacted by these huge disasters, where one
State is simply just not capable of meeting all the costs,
which is why we came together as a Country in the past, to help
those States in need. It is Maryland today, maybe Hawaii today.
It could, of course, be any other State tomorrow, and we thank
you for all your efforts to make sure that we continue that
tradition. Thank you.
[The prepared statement of Senator Van Hollen follows:]
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Senator Carper. Senator Van Hollen, thank you. Thanks to
both of you for your service on this committee in the past and
certainly today.
With that in mind, I am going to excuse both of you, and I
am going to ask Shailen Bhatt to come forward, as our first
witness, our next witness. Shailen, if you will have a seat.
There we go, and our other witnesses, as well.
Our next witness to speak is Shailen Bhatt, no stranger to
this committee, no stranger to us in Delaware, either. Shailen
is the Administrator of the Federal Highway Administration. He
has served as Federal Highway Administrator since January 13th,
2023.
Prior to his current role, he served as Deputy Executive
Director of the Kentucky Transportation Cabinet. He also served
as the Executive Director of the Colorado Department of
Transportation, and the Secretary of the Delaware Department of
Transportation.
He brings a wealth of expertise and experience in
government, as well as in the private sector. We are grateful
for his service and his participation this morning.
Shailen, welcome, and you are recognized. I am going to
slip out to participate in my Homeland Security and
Governmental Affairs Committee hat, and I will be back very
shortly. Senator Capito, thanks very much. You are recognized.
STATEMENT OF HON. SHAILEN BHATT, ADMINISTRATOR, FEDERAL HIGHWAY
ADMINISTRATOR
Mr. Bhatt. Thank you, Chairman Carper, Ranking Member
Capito, and members of the committee for the opportunity to
appear before you today.
I do also want to join you and your colleagues in
remembering Senator Inhofe. I have fond memories of meeting
with him prior to my confirmation, and I appreciated his
support.
Just over 3 months ago, Baltimore, Maryland and the entire
Nation were shocked by the collapse of the Francis Scott Key
Bridge. While the collapse of the bridge itself was
distressing, we remember the devastating impact this tragedy
had on victims and their families. The six victims were
fathers, husbands, and friends in their homes and communities,
and they were valued members of the construction work force. We
will always mourn these individuals who gave their lives to
strengthen our transportation system.
I also want to thank all of the emergency responders who
acted quickly to save lives. Immediately following this
catastrophic event, the Federal Highway Administration (FWHA)
mobilized internally across multiple offices and externally
with local, State, and Federal partners to support the
response.
Under Secretary Buttigieg's leadership, FWHA coordinated
with other operating administrations and offices within USDOT,
the Maryland DOT, which includes the Maryland Transportation
Authority and the State Highway Administration, the city of
Baltimore, the U.S. Coast Guard, Army Corps of Engineers,
National Oceanic and Atmospheric Administration, and others to
mitigate supply chain impacts, manage traffic, and safely
reopen the port.
We remain engaged in an ongoing coordination with local,
State, and Federal partners in the response. FHWA is actively
supporting the National Transportation Safety Board's
investigation of the collapse. FHWA's focus now is supporting
Maryland as much as possible as they work to reconstruct the
bridge. We have been in direct communication with them
regarding all possible options for building the bridge, and we
are committed to supporting these efforts so that the bridge
can be reconstructed as quickly and safely as possible.
President Biden has been clear in this Administration's
commitment to reconstruct the bridge. It is critical that we
restore this vital connection for people and goods traveling
along the east coast, ensuring that the I-695 corridor is open,
operational, and safe for the traveling public at the earliest
possible moment is a top priority.
On March 28th, within hours of receiving the request for
funding assistance from (Maryland Department of Transportation)
MDOT, we announced the immediate availability of $60 million in
Quick Release Emergency Relief funds. These funds serve as a
down payment toward initial costs, and additional ER program
funding will be made available as the work continues.
As of July 3d, 2024, $40 million of this $60 million down
payment has been obligated for debris removal work. The
Administration is asking Congress to join it in demonstrating a
commitment to aid and recovery efforts by authorizing a 100
percent Federal cost share for rebuilding the bridge,
consistent with past catastrophic bridge collapses.
Under the law, ER funds cannot duplicate assistance from
another Federal program or compensation from insurance or other
sources. FHWA will follow the law, and the Emergency Relief
Program will be reimbursed with compensation for damages or
with proceeds obtained through applicable insurance. We are
coordinating closely with the State of Maryland as it works
through the details of its insurance policy.
We continue to provide wide-ranging technical assistance to
Maryland DOT regarding procurement for reconstruction,
operations, and project delivery strategies to reconstruct the
bridge quickly. The Maryland Transit Administration (MTA)
issued a progressive design-build contract request for
proposals on May 31st. FHWA is also working with MDOT to ensure
that the new bridge will be built to current design standards
and in accordance with all applicable Federal laws.
On March 26th, 2024, the day of the collapse, FHWA met with
the National Transportation liaisons from the Army Corps of
Engineers, U.S. Coast Guard, U.S. Fish and Wildlife Service,
the National Oceanic and Atmospheric Administration, the
Advisory Council on Historic Preservation, and the EPA to
discuss each agency's respective emergency procedures. We
continue to meet with Federal and State agencies. A categorical
exclusion for the replacement of the bridge is expected to be
completed shortly, and we will provide the appropriate level of
information to allow for a streamlined permitting approach.
Thanks to the whole-of-government response and industry and
government entities working together, there has been
significant progress, including the significant milestone of
reopening the Federal channel on June 2024. While there is more
work to be done, the coordinated response by the government and
industry to date gives me great optimism. Thank you to the
State, local, and Federal entities who continue to collaborate
with FHWA in response to this tragic event.
We have had a number of bridge events while I have been
serving as Administrator. I am proud of the efforts that we
have led and worked with local agencies on. We will continue to
do everything we can to support the response. As the President
has said, we will not rest until the cement has dried on the
entirety of the new bridge.
Thank you again for the opportunity to appear before you
today. I will be happy to answer any questions.
[The prepared statement of Mr. Bhatt follows:]
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Senator Capito.
[Presiding.] Thank you, Administrator Bhatt.
Our second witness is Lieutenant General Scott Spellmon,
who has been serving as the 55th Chief of Engineers and
Commanding General of the Army Corps of Engineers since
September 2020. Prior to that, he served as the Deputy
Commanding General for several emergency operations.
He is no stranger to the Corps' Civil Works Program or to
this committee. Again, we are grateful for your service, and
look forward to your testimony, General. Thank you.
STATEMENT OF LIEUTENANT GENERAL SCOTT A. SPELLMON, 55TH CHIEF
OF ENGINEERS AND COMMANDING GENERAL, U.S. ARMY CORPS OF
ENGINEERS
General Spellmon. Ranking Member Capito and distinguished
members of the committee, thank you for the opportunity to
testify before you today to discuss emergency response
operations by the U.S. Army Corps of Engineers and our partners
regarding the collapse of the Francis Scott Key Bridge.
On behalf of the Corps and our teammates, please allow me
also to begin today by offering, again, our heartfelt
condolences to the families of the six individuals who lost
their lives in this tragedy. From the outset of this response,
we were committed to supporting the effort to recover those
loved ones. Our thoughts and prayers continue to be with those
families.
Soon after the collapse, Maryland Governor Moore declared a
State of emergency, and our U.S. Army Corps of Engineers
Baltimore District, under the leadership of Colonel Estee
Pinchasin, whose name has been mentioned several times this
morning, she activated the district's emergency operations
center and put her team in motion.
Our state-of-the-art survey vessels, which usually serve to
verify depths and widths of our Federal channels, were deployed
to support initial search and rescue dive operations. Our
support evolved as we joined a multi-agency effort across all
levels of government to form a unified command.
I have been a part of numerous disaster response operations
over the past 9 years in my time in the Corps. This unified
team led by U.S. Coast Guard Rear Admiral Shannon Gilreath and
Captain David O'Connell is one of the best I have seen. They
are amazing leaders.
The guidance from the President to me was clear from the
beginning. He called me early in the morning of March 26th and
told me the Corps' top priority, No. 1 priority, was to remove
the wreckage from the Federal navigation channel and get it
reopened. We had three tools at our disposal to move fast and
execute this mission. We had the right authority, the right
funding, and the right contracting capacity.
We used our existing authority for the Baltimore Harbor and
Channel project. In 1970, Congress authorized the Army Corps to
construct and maintain a 700-foot-wide by 50-foot-deep channel
at the bridge location. The full navigation channel was, of
course, fully blocked by the wreckage of the Key Bridge.
To get started that morning, we used available Fiscal Year
2023 and 2024 operations and maintenance funding for the
Baltimore Harbor and Channel Project. Later, to advance our
work, we conducted a series of internal emergency reprogramming
actions using authority given to us by Congress where we put to
work aged and unused funding from 220 Harbor and Maintenance
Trust Fund O&M projects across the Country.
The third tool was our contract capacity. We are fortunate
to have a standing interagency agreement with the U.S. Navy
Supervisor of Salvage and Diving, and I cannot say enough
positive words about these incredible men and women from the
U.S. Navy and their industry partners. They are true world-
class professionals, and they are very good at what they do.
Each have amazing experiences, expertise, and a suite of
contracting tools that gave us access to superb salvage
companies. In this case, that contractor is Donjon Marine from
Newark, New Jersey.
With these three tools in place, we began the complex task
of determining how to begin clearing up approximately 50,000
tons of concrete, asphalt, and steel from the Patapsco River.
For everyone's context, that is equivalent to over 200 Statues
of Liberty worth of materials.
After conducting extensive diving and engineering analysis,
in collaboration with our partners, we developed an ambitious
but feasible timeline. Our plan was to initially clear a 35-
foot-deep by 280-foot-wide limited access channel by the end of
April and then restore the full 50-foot Federal navigation
channel by the end of May. Certified by the Coast Guard, the
limited access channel was open to one-way vessel traffic on
April 25th, a week ahead of schedule, and this channel could
support approximately 70 percent of the vessels, the port
traffic, calling on the Port of Baltimore.
To reopen the full channel, we had to execute the most
difficult task, which was removing the section of bridge that
collapsed onto the bow of the vessel Dali. For this task, the
team successively used precision demolitions to cut the bridge
away from the ship and move the Dali from the edge of the
Federal navigation channel.
This allowed for the removal of the remaining bridge
wreckage and residual material in the channel well below the
mudline. We moved as quickly and safely as possible, and on
June 10th, the Corps of Engineers successfully restored the
Federal channel to its original depth and width, again, of 700
feet wide and 50 feet deep.
Today, no steel or concrete remains in the Federal channel.
All wreckage was removed, and the collapsed bridge area was
cleared down, in some cases, to a 60 foot depth. I am proud to
say our debris removal mission has ended, and the Port of
Baltimore and navigation channel has returned to its authorized
dimensions.
In ending, on behalf of the more than 39,000 men and women
of the U.S. Army Corps of Engineers and all of our Federal,
State, and industry partners, I want to say we are tremendously
proud to have been a part of the unified team that undertook
this incredible task.
Thank you again, Ranking Member Capito and members of the
committee. I look forward to answering any questions you may
have.
[The prepared statement of General Spellmon follows:]
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Senator Capito. Thank you, General Spellmon.
Last but not least is Secretary Paul Wiedefeld, who serves
as the Secretary of the Maryland Department of Transportation.
He was sworn in as Secretary on March 2d, 2023 and has had a
40-year career in the public and private sectors.
Secretary Wiedefeld previously served as the General
Manager and CEO of the Washington Metropolitan Area Transit
Authority, the CEO of the Baltimore Washington Thurgood
Marshall Airport, and as Administrator of the Maryland Transit
Administration.
We welcome you and look forward to your testimony. Thank
you.
STATEMENT OF HON. PAUL J. WIEDEFELD, SECRETARY OF THE
DEPARTMENT OF TRANSPORTATION, STATE OF MARYLAND
Mr. Wiedefeld. Good morning, Ranking Member Capito and
members of the committee. Thank you for this opportunity,
obviously, to discuss the ongoing response to the collapse of
the Key Bridge.
Before I address this subject, I also want to take a moment
to express our condolences to the families and their relatives.
As the day-to-day operator of the transit system, the
transportation system in Maryland, everyone at MDOT takes this
personally. These are our coworkers who lost their lives.
I also want to thank our partners in the Federal Government
who have worked hand-in-hand with us to immediately respond to
this disaster by helping clear the debris and reopening the
channel to the Port of Baltimore in tremendous record time.
I also want to thank the Administration for the immediate
provision of $60 million in Emergency Relief funds. Those funds
proved invaluable in performing the crucial first steps in
clearing the auxiliary channels of the Port of Baltimore.
Difficult times call for resolve and unified responses, and
I am encouraged by the way all levels of government have
rallied to address this crisis. The collapse of the Francis
Scott Key Bridge is not only a human tragedy, but also an
economic disaster. The economic effects of the bridge collapse
will be felt nationwide until the bridge is rebuilt.
This bridge is a key component of the I-95 corridor and is
essential to the free flow of needed commerce and vehicle
transit. It serves as a vital connection for the people and
goods traveling throughout the entire east coast and the
Nation.
Efficiently rebuilding the bridge to meet the future needs
of the commerce is a national imperative. It is crucial to
restoring jobs, protecting essential supply chains, and
reducing inflation nationwide. It is key to ensuring efficient
freight movement on the nationally significant I-95 corridor,
which generates roughly 40 percent of the Nation's GDP. This
effort requires clear direction, assured funding, and
continuation of widespread bipartisan support at all levels of
governments.
For this reason, I am urging you to support the enactment
of legislation introduced by the Maryland congressional
Delegation, the Baltimore BRIDGE Relief Act. This legislation
will ensure that the Federal Government supports 100 percent of
the replacement cost of the vital bridge. Additionally, this
legislation specifies that funds recovered from insurance
proceeds and culpable parties will be applied to reduce the
cost ultimately borne by the Federal Government. These sums are
expected to be substantial.
This funding approach parallels the action the Federal
Government has taken in response to other disasters that
require immediate, focused response and dwarf the capabilities
of State and local governments. The Federal Government often
intervenes after major disasters. It pays for the upfront cost
of disasters while pursuing recovery actions against insurance
companies and culpable parties.
The collapse of the Francis Scott Key Bridge is a national
problem, and promptly and effectively repairing it will require
clear and focused action by the Federal Government. Preliminary
estimates indicate the bridge replacement will cost
approximately $1.7 billion. We are moving expeditiously to
rebuild the bridge. The Maryland Transportation Authority is
currently evaluating requests for proposals for a design-build
team. We expect to have a project team selected by mid to late
summer, with a projected project completion date of fall of
2028.
In conclusion, I urge Congress to approve the Baltimore
BRIDGE Relief Act and to continue the custom of providing
support when it is needed most following disasters.
Thank you for the opportunity to be here today. I look
forward to answering any questions.
[The prepared statement of Mr. Wiedefeld follows:]
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Senator Capito. Thank you, Mr. Secretary.
I will recognize myself for the first question. I think
this really is the question. Senator Cardin's bill is probably
exactly the same bill that I would put in if it happened in the
State of West Virginia, and the same in Nebraska. The cost
share issue, I think, is where we have a question. I think that
we just need to get the answers here.
I am going to start with you, Administrator Bhatt. As I
mentioned in my opening statement, there is a significant
backlog of Emergency Relief that are waiting on Federal
funding. The Chairman mentioned the one most recently that we
all recall, certainly, what happened in Maui with the fire.
Many of these projects will have a 10 or 20 percent cost share
that will be provided by a State DOT.
I think Congress needs to have a basis for determining when
to waive the statutory cost share for ER projects so that there
is an equitable response to natural disasters and other
emergencies. The Secretary just said, other disasters have had
this waived, but we know the key is not every disaster has had
this waived.
What factors do you think Congress should consider when
reducing the required cost share for an ER project?
Mr. Bhatt. Thank you, Ranking Member Capito, for that
question. I think it is a fair question to ask. I think that,
when you look at some of the examples, both that Senator Cardin
has mentioned or that we have used in the past, I think it is
scope and scale of a disaster that would, as Secretary
Wiedefeld just mentioned, overwhelm State and local agencies'
ability to respond.
In Delaware, when we had our bridge disaster, when I served
as Secretary, was in the tens of millions of dollars, and it
was something that, financially, we were grateful for the
Federal Highway Administration, but it was not a debilitating
impact to our State economy, had we had to have come up with
$10 million or $20 million.
But in the case of a $1.7 billion bridge replacement with
corresponding loss of toll funding that has impacts on their
transportation program, I think that is where you get into a
scope and scale sense of where the Federal Government may need
to come in, because the 10 or 20 percent cost share becomes a
quite sizable number at that point.
Senator Capito. Okay, so scope and scale.
So then, I want to go to you, Secretary Wiedefeld, and
thank you for the phone call that we had. I appreciate that
early on. I am just amazed at the efforts that you all have
done in Maryland, along with a lot of help. Congratulations on
that, and I know there is a big way to go.
You mentioned the possible cost of the bridge would be $1.7
billion, so if you take out insurance and any other kind of
legal cost, we don't really know what it would be, let's just
say, what was the insurance?
Mr. Wiedefeld. Three hundred fifty million.
Senator Capito. Three hundred fifty million, let us just
say you match that with the insurance, that would be good,
wouldn't it? Get it down to a billion, which is still quite
heavy. A cost share for Maryland could be, possibly, $100
million.
The bridge, and I mentioned this in my statement, because I
want to understand, and you explained this to me on the phone
call that we had previously, and Ben and I have talked about
this as well, the $56 million that you collect on that bridge
is used for the maintenance and upkeep of all of the projects
in the State. Correct? The tunnels and that bridge, so it is
not exclusively dedicated to that bridge, correct?
Mr. Wiedefeld. Correct. It is for the Transportation
Authority, which runs all of our toll facilities only, not the
general highway system.
Senator Capito. Okay, so if you took, say, a 30-year
payback plan to the Federal Government for the 10 percent, you
would be taking probably a 10 percent off of that toll revenue
that the State of Maryland could use, if the cost share that
exists now, could use to pay back the American taxpayer the
cost to rebuild the bridge. Right?
Mr. Wiedefeld. You could, sure, if that was----
Senator Capito. If that was the direction that we decided
to go.
So, the other question I have is, if you have a new bridge,
which you will have, hopefully sooner than some of the
projections, but I realize it is a major undertaking, if you
have a new bridge, is it safe to assume that a new bridge
demand on the toll revenues would be less for maintenance and
upkeep?
Mr. Wiedefeld. Not necessarily. I mean, the operations is
also a big part of the cost, just the ongoing operations,
meaning policing and things of that sort, cleaning, keeping
things clear and safe.
Senator Capito. Is there a standard cost?
Mr. Wiedefeld. Yes, whether it is new or old.
Senator Capito. My assumption is that a 60-year-old bridge
is going to cost more than a brand-new one.
Mr. Wiedefeld. Yes, for ongoing maintenance, for future
maintenance, yes.
Senator Capito. For ongoing maintenance, which is what the
dedication of the tolls is for, as well. Is it unreasonable to
assume that, and I know we are making assumptions that the
bridge that, I think it was in Minnesota, got the 100 percent
cost share when it collapsed, it was not a toll bridge. You are
going to put the tolls back on when this is completed. You have
pretty much stated that. I think the State of Maryland is going
to do that, which I would do that, too, if I was the State of
Maryland. I am not being critical of that.
Why is it wrong to assume, if you are the American
taxpayer, that since you have a dedicated source of revenue
there, that, over time, you would not be asked to pay the 10
percent cost share that Maryland would have to bear? Make the
argument there.
Mr. Wiedefeld. Sure, I think there are some other factors
here. One is, we are losing revenue now, right, and we will
continue to lose that revenue through the next four and a half
years, that is what we are projecting right now. We are losing
those dollars now.
The other part of that is, in effect, we are costing
businesses and people every day by the delay of this bridge
being built, by any potential delay on this bridge being built.
All of those are added costs that, in effect, we are trying to
cover now so that we can get this bridge done as quickly as we
can.
Senator Capito. Are you telling me that the State of
Maryland now, and I know I am over my time, but I think this is
really the crux of the, I don't even want to say it is a
disagreement so much as try to figure out the best way to do
this, is that the cost that the State if Maryland is bearing
now should also play into what Maryland should bear in terms of
the rebuild of the bridge?
Mr. Wiedefeld. No, what I am saying is that we are, the
insurance comes, the $350 million. That is supporting it.
Senator Capito. That will go back to the Emergency Relief.
Mr. Wiedefeld. There is a burden that, sure, but getting
back to the larger issue of the scale of this project and the
impacts of it, there is this other impact that we are going
through now with the loss of revenues for the toll authority
for the next several years.
Senator Capito. Okay. I would just say that we have the
rollout of all the projects that have, where there has been a
waiver granted of the 10 percent or 20 percent cost share. I
think this will probably be useful to submit to the committee
for the record. Thank you.
Senator Cardin, you are next.
Senator Cardin. Thank you, Senator Capito. I think your
questions are extremely important, so thank you for the manner
in which you have presented this.
First, for Administrator Bhatt, I agree with you. It is the
issue of the scope and scale. This tragedy on the Francis Scott
Key Bridge has been characterized as being the largest maritime
claim in history. When you talk about scope and scale, is this
sort of off the charts?
Mr. Bhatt. Thank you, Senator, for that question. You
referenced in your testimony the video that we saw. You don't
see that we have a lot of issues with bridges in the Country.
We rarely see a collapse of this size of structure, and so yes,
it will be the largest maritime claim. From a precedent
standpoint, it is unprecedented.
Senator Cardin. I just hope that puts somewhat to rest the
difference between this tragedy and Emergency Relief funding
versus a lot of the others that have been, that are nowhere in
this category whatsoever, however, this is much closer. This
exceeds Minnesota, but it exceeds even some of the worst
emergency circumstances that we have had.
Let me get to Senator Capito's point in regards to the
tolls and tolls offset. First, you raised an interesting point
that the bridge will be rebuilt and there will be tolls coming
from it, and that the State benefits from that new facility.
But I would point out that all the Emergency Relief
programs, the economies locally benefit from the Federal
Government's resources that are put in. When you dealt with
Hurricane Irma and you rebuilt the infrastructure and
community, the businesses got back up quicker, sales tax
increased, revenues increased, local governments did well,
States did well. That is what it is all about, getting your
economy back to scale.
In regard to the toll revenues, and I will repeat this
again because I want to make sure, Secretary Wiedefeld, you
have a chance to respond on this, the overwhelming expenses, as
I understand it, is the operations of these facilities, not the
infrastructure cost itself. Am I right on that?
Mr. Wiedefeld. Yes, the operating costs, particularly labor
costs, are a significant part of any budget for the toll
authority.
Senator Cardin. We have how many toll facilities in
Maryland?
Mr. Wiedefeld. We have nine.
Senator Cardin. Nine, so this is one of nine. These
revenues will be lost for a substantial period of time.
When we say loss, let me just point out to the members of
the committee, there are alternatives to paying a toll to
transit through this area. You can go through city streets,
which is the worst example, because you are going to go through
neighborhoods, beating up roads dramatically, with these trucks
and interfering with communities, but that is one option.
Another option is to go around the beltway where there are
no tolls. That is going to probably be the preferred option for
the larger vehicles that can't go through the tunnels, anyway.
They don't pay any tolls doing that, so there is a significant
part of the traffic that will avoid paying tolls for the next
couple of years, costing the toll facilities those revenues
that were projected.
Now, do you have a way of recovering that?
Mr. Wiedefeld. No. It is adding cost to us because, as that
traffic moves on the beltway, that increases our operating
costs. For instance, we have put emergency response units out
there because the slightest hiccup in the system has an
exponential impact on congestion, up and down the northeast
corridor. We have put in operating costs for that.
We are anticipating higher maintenance costs due to the
heavier traffic because the oversized vehicles and any
hazardous materials now have to take this 25-mile detour on the
Baltimore beltway. Those are all additional costs that we now
will incur for several, several years, four-plus years.
Senator Cardin. They are not under the Emergency Relief
coverage?
Mr. Wiedefeld. No.
Senator Cardin. That is using your normal transportation
revenues, how you obtain them through the user fees, et cetera,
in the State of Maryland.
Mr. Wiedefeld. Right.
Senator Cardin. I guess the last point on this is that,
additionally, the State of Maryland is going to incur
considerably more expenses, and the recoveries, 100 percent of
the recoveries related to the bridge are returned to the
Emergency Relief Fund, are they not?
Mr. Wiedefeld. Yes, they are.
Senator Cardin. The Federal Government is not going to pay
100 percent. They are going to pay 100 percent less the
recoveries. The recoveries are not only insurance, they are
third party claims. Those third party claims, I admit, it is
going to take years before we recover that.
But there is at least very serious evidence that there
could be wrongdoing in the manner in which the vessel was
handled, which could bring in substantial funds. That will go
to the Federal Emergency Relief Fund, as it should.
I don't want to leave with the impression that the Federal
Government is paying 100 percent. They are not going to pay 100
percent. They are going to get the recoveries, and the
recoveries will far exceed the 10 percent.
As a matter of the burdens to the State of Maryland and the
manner in which the State of Maryland is complying with the
requirements of the code as it relates to toll facilities, that
is not something that is not allowed. We are complying with all
the requirements. It would be, I think, just a terrible
precedent if we start to try to figure out the values of the
Emergency Relief Funds to the local governments that are
benefiting from this from all emergencies, because each one is
different.
This clearly complies with any standard on the scope of the
tragedy and should be reimbursed at 100 percent.
Thank you, Madam Chair.
Senator Capito. Senator Ricketts?
Senator Ricketts. Thank you, Senator Capito.
General Spellmon, Administrator Bhatt, great to see you
again. Secretary Wiedefeld, welcome.
I want to offer my condolences as well to all Marylanders,
especially the families and loved ones of the six workers who
lost their lives in this terrible tragedy, and also thank the
first responders who acted so quickly to prevent further loss
of life and, of course, responded after the bridge collapsed.
We do have a lot of heroes in our communities that respond to
these things, and we need to recognize the work they do.
Of course, maintaining the Nation's infrastructure is a key
priority for what we do in the Federal Government, and the
bridge, in general, is something that has been pointed out as a
key part of our economy. In fact, talking to a small business
owner in Omaha, Nebraska, he was talking about how he was
having his product being shipped out through the Port of
Baltimore, and obviously, the bridge collapsed and impacted
that, and he had to find another way to be able to ship. He was
actually exporting his product overseas, so trying to get there
was not an easy task. We know that this is an important thing.
It is also important that we make sure that we get the
information so that we can share that with the American
taxpayers and make sure that this is done correctly. That is
part of our job in oversight here.
Administrator Bhatt, I will just start with you, just on
some of the things that Senator Capito said, just to make sure
that you agree with that. I know this is still early days, so I
am not going to come back and hold you to the penny on this,
but do you agree with the estimates, about $1.7 billion to
replace the bridge?
Mr. Bhatt. Yes, Senator, thank you for that. That is what
we believe is consistent.
Senator Ricketts. Great. Then, we have established, and I
think you agree, $350 million in insurance?
Mr. Bhatt. Yes, that is the current insurance policy.
Senator Ricketts. We have also talked about, maybe, some of
the litigation claims. Senator Capito said $350 million. Do you
have any sort of estimate on that?
Mr. Bhatt. I would have to defer to DOJ, who is leading the
claim. It is hard to tell.
Senator Ricketts. Have they said anything about $350
million, because I think that is what Senator Capito said.
Mr. Bhatt. No, I think that was more of a guesstimate.
Senator Capito. I will just clarify what I said. I just
kind of threw that number out there so I could get to an even
$1 billion.
Senator Ricketts. You just threw that out there? Okay,
great, alright, great. Well, okay, good. I am glad that is a
good thing to know.
Secretary Wiedefeld, do you have any additional information
to share on what the claims could potentially be?
Mr. Wiedefeld. No, Senator. We also, obviously, we have a
number of attorneys that we have hired to go after those
dollars, as well.
Senator Ricketts. I had a conversation with Governor Moore.
I very much appreciate him giving me a call to talk about this.
He really described this as kind of a financing thing that will
get reimbursed. t sounds like, when I hear, maybe at the upper
end of Senator Capito's is accurate, we are talking about the
Federal Government getting reimbursed for about $700 million
and having the Federal Government would pay for about $1
billion of Senator Cardin's plan.
Is that accurate, am I understanding this correctly?
Mr. Bhatt. Yes. Under the ER law, all funds that are
recovered through insurance or legal claims come back. The
Skagit Bridge in Washington, about $20 million, about $17
million of that came back years later.
Senator Ricketts. Okay, great. Also, my understanding is,
Secretary Bhatt, that after the bridge collapsed, and this was
after, you designated this as part of the interState highway
system. Is that accurate?
Mr. Bhatt. Yes.
Senator Ricketts. Okay, so do you guys have the authority
to do this? Is there any precedent for you, as designating this
after a disaster like this, because it changes the cost share,
right? It would change it from 80 percent to 90 percent. Is
that accurate?
Mr. Bhatt. Yes, Senator, it would. When I was a Secretary
in Delaware, I would drive on 695. It is signed as part of the
interState. I think we just all assumed it was part of the
interState. That was the first time that I have ever been part
of redesignating it post an event. For all intents and
purposes, it was part of the interState. It was just related to
its initial design exceptions back in the 1970's.
Senator Ricketts. Do you think this is the first time that
you have done this?
Mr. Bhatt. The first time to my knowledge that we have done
it after an event. We redesignate interState all the time
across the Country.
Senator Ricketts. What would happen, then, to the toll
fees? Does that change anything with regard to the toll fees
and how Maryland uses it, designating it as part of the
interState highway system?
Mr. Bhatt. Once they accepted the ER funds, that
Federalized the facility and would require any tolls to be used
under Title 23.
Senator Ricketts. Help me, for us regular civilians here
who don't know what that means, what would that mean going
forward for the State of Maryland? They have already talked
about how they use this to maintain their toll system right
now. What will happen going forward now that you have
designated this?
Mr. Bhatt. Under Title 23, there is a list of things that
you must do. The first is maintain the bridge or the toll
facility, so those funds can be used. Then, after that, there
are certain things that are allowable, all related to Title 23
highway expenses within the State.
Senator Ricketts. It is not going to impact Maryland's
ability to be able to use those funds to continue to maintain
their toll system, is that accurate?
Mr. Bhatt. No, sir.
Senator Ricketts. Okay, very good.
I have other questions, but if we go to the second round, I
would like to get to those. If we don't, we can just submit
them in writing. Great, thank you very much.
Senator Carper.
[Presiding.] Thank you, Senator Ricketts.
Who is next, would it be Sheldon Whitehouse?
Senator Whitehouse. It would be.
Senator Carper. Senator Whitehouse, you are on. Thank you.
Senator Whitehouse. Thank you, Chairman.
Good to have you all here. Thank you, Administrator Bhatt,
for being here. Thank you also for your travels to Rhode
Island. Maryland is not the only State that has a bridge
predicament, as you know. Rhode Island's Washington Bridge goes
over the Seekonk River. It carries a Federal artery on it.
Where the Key Bridge runs about 30,000 vehicles per day,
the Washington Bridge runs closer to 100,000 vehicles per day.
For the eastern half of my State, it is the essential artery
for getting, for instance, to the hospitals of Rhode Island, to
the Rhode Island Hospital emergency room, for instance.
So, it is very important to us to get this attended to with
as much Federal support as we can. I understand that we are
looking at what the causes are of our bridge's failure, to see
whether it can qualify for emergency designation. Thankfully,
our failure was caught before the collapse of the bridge. We
just had to close it immediately, at least, most of it.
We are where we are as a result, and it is going to be
important to me and to Rhode Island's delegation to make sure
that we are not exactly in Maryland's position, because we are
probably not an emergency. We thankfully did not have loss of
life, but to be on a similar track of Federal attention.
We have said that to you before. Governor McKee has said
that to you. Our whole delegation has said that to you. This is
not news to you. Since you are here, I wanted to remind you of
that and ask if you had any comments to that point you could
make.
Mr. Bhatt. Thank you, Senator. I am well aware, both
through my visits and our numerous conversations, of the
importance and the impact to East Providence, and the entire
State. I actually flew into Providence when I was on my way up
to visit the Cape Cod bridges, just so I could see how things
were going. It is good to see that, because of the efforts of
Rhode Island DOT, that some of the----
Senator Whitehouse. The flow is better.
Mr. Bhatt. The flow is better. We will continue to work
with Rhode Island on this. We are grateful that it was caught
before it became a deadly disaster, and commitment to just
staying in close contact as we move forward on this.
Senator Whitehouse. Close contact is nice, but the request
is that we stay on a time track similar to the Key Bridge
project, and that there be significant resources available. We
are dealing with a very significant expenditure for the State
of Rhode Island for a really essential piece of Federal
infrastructure.
You landed at T.F. Green Airport, and you drove north on
95, and then you turned across the bridge to 195 in order to
get to Cape Cod. All of eastern Massachusetts is accessed
through that multi-lane highway, which goes over that bridge.
It is really important not just to Rhode Island, but also to
those seeking to get to eastern Massachusetts and to the Cape
and so forth to have that bridge repaired.
The expense is going to be considerable. It looks like we
are going to have to tear a significant portion of the bridge
down, and then commission a rebuild of a new structure. I don't
think we are going to hit $1.7 billion, but it is going to be a
big number, and it is going to be a particularly big number for
a small State.
We think it is important that it is a value that Rhode
Island adds to have that junction of 95 and 195, right in the
middle of our State. It is a very important piece of Federal
infrastructure of the entire northeast. Now that it has been
put in this peril, we are really eager to make sure that the
Federal Government understands that this Federal highway needs
Federal support so that we can get it back in full, safe
operation for another 50 to 100 years.
Mr. Bhatt. Yes, sir. I fully agree with you. I understand
the impacts. I think, as Ranking Member Capito said, if this
was in any one of your States, you would make this argument, so
I hear you.
I know that they just had a Request for Proposal (RFP) that
was out there to get a repair on the bridge that did not,
ultimately, have any companies competing. Se are going to
continue to work with Rhode Island DOT to get that bridge open
as quickly as possible. We will meet with you on as much funds
as are legally eligible.
Senator Whitehouse. The funding is going to be key, and the
timing of the funding is going to matter.
Thank you very much, Chairman.
Senator Carper. You are quite welcome.
Sorry I had to step out. One of the issues that is of great
interest to this committee is permitting, and we are having a
hearing in another committee, the Homeland Security Committee,
on permitting, and I needed to be in two places at one time. I
thank Senator Capito and Ben here for keeping things moving.
I am going to ask a question, if I can, of General
Spellmon, if I may. Federal and State agencies, including the
Corps, came together quickly, I think that is really an
understatement, quickly to coordinate a timely multi-agency
response to the bridge collapse. The results were impressive.
They were beyond impressive. They were, I think, amazing. I
continue to applaud the efforts of all who participated and
pulled together to respond to the disaster that occurred.
With that said, the Federal Government learns lessons from
every emergency response experience that can be applied to
future emergencies. My question, General Spellmon, if I may,
from the Corps' perspective, what are some of the key takeaways
from the recovery and salvage effort that could help the
Federal Government think maybe more strategically about
emergency response moving forward?
Looking back, what do you think went particularly well, and
what do you think might have gone better? I like to say,
everything I do, I know I can do better. Maybe what have we
learned, and what could we have done better?
General Spellmon. Yes, sir. First, I wanted to just say
thank you for those generous words.
In terms of best practices, I will just mention two items.
First is the importance of authorities that Congress gives to
us. I will mention emergency reprogramming authority that you
give the Chief of Engineers. It comes in Section 101 every year
of our Energy and Water Appropriations Act. Then for the Navy,
the Salvage Facilities Act. All of those allowed us to move
fast on this. Within a couple of hours of the bridge coming
down, Colonel Pinchasin was able to exercise those authorities
in our interagency agreements, and we had tools and people
ranging from New York, New Jersey, all the way from Galveston,
Texas sailing toward Baltimore, incredibly helpful.
The second one I will mention, sir, is leadership. As you
know, within hours, the President called me on this, and his
team stayed in touch throughout. The Secretary of Defense
called me that morning.
Senator Carper. Did you say the President called you?
General Spellmon. Yes, sir, on my cell phone.
Senator Carper. Does he call you often?
General Spellmon. Not too often.
Senator Carper. How did he get your number?
[Laughter.]
Senator Carper. Go right ahead.
General Spellmon. Sir, Governor Moore was absolutely open
to us and shared with us anything that we needed. I was to call
him personally, and there were things we needed from Maryland,
and we got it right away. I would just say, having that level
of access and that commitment was absolutely critical.
I think one of the lessons we continue to learn, we
continue to work hard on this, is during times like this, when
things are moving fast, always working to speak precisely in
our best, plain English. I said something about midway through
this that caused some friction in the State and certainly with
the families. At the time, we still had two missing workers.
I was asked in a national media interview how we were going
to take the remaining section of Span 18 off of the Dali. I
said we were going to use explosives, and what those families
heard and what the Governor's team heard was, I was going to go
out and create a mushroom cloud in the Patapsco River.
That is not what we meant, and we had a fluent Spanish
speaker on our team, a young Army captain, who put together an
animation, translated it into Spanish, and we took that to the
families and then the Governor's team to help clean that up,
but I think we can always do better speaking to Congress, to
the Administration, and to the public in plainer English.
Senator Carper. Thanks very much.
I have a question for Secretary Wiedefeld. Mr. Secretary,
the bridge we are talking about here, like many active bridges
in the United States, was built, I think, prior to the 1990's,
if I am not mistaken. It lacked adequate safety features to
protect against a ship collision.
Some older bridges, like the Delaware Memorial Bridge, that
connects our State and New Jersey, are adding systems like
protective islands that will protect the bridge from ship
collisions. However, many older bridges still lack such
protection.
My question is, how is Maryland incorporating more robust
collision protection into the design of the replacement bridge?
Is the State contemplating whether to add that type of
protection for other bridges like, for example, the Chesapeake
Bay Bridge?
Mr. Wiedefeld. In terms of the replacement of the Francis
Scott Key Bridge, that will be a key component of the future
design of how we do that, whether it is through islands or
actually moving the piers further apart. As you may recall,
within short distance of the 700 foot, is goes to very shallow
very quickly, if you remember. We opened these auxiliary lanes,
and they were anywhere from ten to 20 feet deep. If you put
these piers much further apart, that is a natural protection.
That is in the replacement. That will be played out through the
design as a high priority.
In terms of other bridges that we own, the Chesapeake Bay
Bridge, we are looking at both immediate things that we can do
operationally and then longer term, which obviously, we have to
go through a series of permitting and different things of that
sort to build anything around those existing piers. We also
have a study underway to replace those bridges, and that would,
in fact, be the same thing, where we would look at how do we
protect them for a future bridge.
Senator Carper. Okay, thanks very much.
Senator Merkley, you are next. Welcome.
Senator Merkley. Well, thank you very much.
Secretary Wiedefeld, my thoughts go out to all the people
of Maryland affected by this bridge disaster, lost lives, and
affected families. Certainly, the infrastructure bridge
programs we have are so important as we seek to prevent future
events.
Administrator Bhatt, Congress has not acted on the Disaster
Supplemental Request submitted by the Administration back in
October of last year and updated just last month. The updated
request includes an additional $3.1 billion in funding for the
DOT ER Program, or Emergency Relief Program, and $4 billion for
other certain disaster needs, including the Key Bridge and
wildfires.
How important are these Disaster Supplemental requests?
Mr. Bhatt. Thank you, Senator, for the question.
I think every State takes some comfort from knowing that if
they are impacted by disaster, the ER Program is there. I think
one of the challenges for us now is that as we project the next
6 months, we are likely to have more requests for reimbursement
than we have funding available, so that supplemental timing is
critical.
Senator Merkley. I heard the word critical. I will
emphasize the importance of us acting in that regard.
The event with the Francis Scott Key Bridge and a few other
disasters around the Country really focused on bridge
infrastructure. Out in the Pacific Northwest, we talk about the
Cascadia subduction zone event. The Cascadia subduction zone
are faults that extend over 1,000 miles that ruptures every 300
years or so.
The current estimate is that there is a 37 percent chance
in the next 50 years of, more colloquially, the ``big one.''
The big one will make bridges that connect across the
Willamette River, Columbia River, other key waterways,
essential in getting emergency supplies. In that regard, folks
in Oregon really love the Bridge Investment Program, but, of
course, it is oversubscribed.
To what degree do we need to strengthen our existing
bridges to prepare for a one out of three plus chance of a big
one in the Pacific Northwest?
Mr. Bhatt. Thank you, sir, for that question.
Yes, we have received a lot of interest in the bridge
program. I want to thank this committee for including seismic
retrofit as an eligibility. The Golden Gate Bridge is actually
one of the first bridges to receive $400 million for seismic
retrofit. Yes, I have been out to Portland, I have been on the
Columbia River Bridge and a bunch of others, and yes, they are
in dire need of investment.
Senator Merkley. Thank you. Thank you, Mr. Chairman.
Senator Carper. Thank you, Senator Merkley.
Senator Kelly, you are next. Welcome.
Senator Kelly. Thank you, Mr. Chairman. Thank you to all of
our witnesses for being here today.
Administrator Bhatt and General Spellmon, as I understand
it, one of the contributing factors to this catastrophic
failure of the Francis Scott Key Bridge was the lack of fenders
on the bridge itself, which protect a bridge or a pier from the
damage from a possible vessel strike in the case of a vessel
losing control or just poor navigation.
Can you both speak to whether your agency maintains data on
which bridges in the United States have this protective
infrastructure in place, and which ones do not?
General Spellmon. Sir, we don't have the data. I would just
add to your comment, this bridge was completed in 1977. The
Neopanamax type vessels like the Dali showed up in our
waterways 40 years later. The concrete dolphins that were out
there protecting Pier 17 and 18 and the fendering were clearly
not sufficient for vessels of that size.
Senator Kelly. Do you feel this situation exists in other
places?
Mr. Bhatt. Thank you, Senator, for that question. That has
been a key focus for us since the Francis Scott Key (FSK)
disaster. There are about 620,000 bridges in our national
bridge inventory. About 4,000 of those, give or take, have, as
part of the inspection process, we require States to look at
the dolphins and fenders and other pieces. We are working with
AASHTO and the NTSB right now to get that full inventory looked
at to see which bridges have the up-to-date protection, and
what can be done in order to bring them up to speed and up to
code.
Senator Kelly. If we are able to bring them up to code and
install protective measures like these fenders, is it possible
for the Harbor Maintenance Trust Fund to be the source of
funding to do that?
Mr. Bhatt. I am happy to look into that and see if that, in
addition to the Highway Trust Fund, would be an appropriate
source of funding.
General Spellmon. Senator Kelly, I would have to do the
research. I am not familiar if we could use that authority.
Senator Kelly. General, at this point, how would you
prioritize these type of investments over other infrastructure
projects that you have going on?
General Spellmon. Yes, sir, I think they have to receive
the highest priority. In fact, I think, in the Corps, we have
to do a better job in our Chief's reports that we send to
Congress and doing a better job in definitizing the importance
of maritime safety and the impacts.
For example, today, we have harbors, major harbors in the
Country where they don't have a 700 foot channel, they have a
500 foot channel for vessels of this size, and they are not
going to get any wider.
Senator Kelly. What is the beam on this vessel?
General Spellmon. Sir, just under 150 feet. We are not
going to make them wider, because in some of the ports, they
can't afford the cost of the coral mitigation, so we have that.
Again, I think it is on the Corps and our engineers to do a
better job in definitizing the safety aspect of these bridges
so we can get to better economic ratios in our reports.
Senator Kelly. It may have come up before I came in, but
how far along is the mishap investigation here?
Mr. Bhatt. Sir, that would be up to the NTSB.
Senator Kelly. You don't have a timeline?
Mr. Bhatt. We are working with them, but they control the
investigation.
Senator Kelly. Do you know if part of the investigation was
to see if there have been other close calls throughout the
Country that we may not have been aware of?
Mr. Bhatt. Senator, I just would want to defer to the NTSB
on what they are looking at.
General Spellmon. Sir, in their preliminary report that
they released in mid-May, they mentioned that they are looking
at other bridge collapses: one in Tampa, Florida, one in
Oklahoma, and Texas to look at the protective measures, the
dolphins and the fendering systems and what can we take from
the new bridges at those locations and bring forward to
modernize our current inventory.
Senator Kelly. It would be interesting to know, and I don't
think you guys would have the info either, I think it might be
something for the Maritime Administrator or somebody else in
the Department of Transportation, how often we have had
situations where ships have lost steering, maybe had to go to
aft steering, which is a challenging thing to maneuver a ship,
especially in close quarters when you are required to go to a
guy who is basically at the back of the vessel in the engine
room, and you are talking to him over a radio.
But it would be interesting to have that data as part of an
investigation to see, what is the likelihood that this could
happen again. I think that could possibly inform the priority
you make on infrastructure investments, like do we really need
to get these fenders and other mitigation measures installed.
Thank you.
Thank you, Mr. Chairman.
Senator Carper. You bet. Thanks much, and thanks for those
questions.
Administrator Bhatt, General Spellmon, as we discussed
earlier, the Key Bridge is only one of many bridges in the
United States that lacks functional pier protection. That list
also includes bridges near major ports like New York, like
Philadelphia, like New Orleans.
Administrator Bhatt, what is the Federal Highway
Administration doing to better protect the bridges across our
Country that still lack adequate pier protection? I have a
follow-on to that, but just start with that. What is the
Federal Highway Administration doing now to better protect
bridges across our Country that still lack adequate pier
protection?
Mr. Bhatt. Thank you, Chairman Carper. Obviously, it is an
incredibly important question. We have been in close contact
with AASHTO, the American Association of State Highway
Transportation Officials, just to get a better understanding of
how many bridges have exposure to vessels of this size. We are
making them aware of all of the funding opportunities, both in
the formula and discretionary grant programs.
I will say the BRIDGE Program, the BRIDGE Improvement
Program, is obviously oversubscribed. We do have a funding
shortfall, so it is both identifying the needs that are out
there and then finding funding priority to address those needs.
We are going to continue to work closely with the NTSB as they
provide their recommendations as to what the appropriate level
of protection. As we know, there were dolphins on this bridge,
but they were not successful in protecting the Francis Scott
Key Bridge.
Senator Carper. Thank you.
General Spellmon, looking back on the disaster, what are
some of the major safety measures that the Corps would
recommend taking while the Federal Highway Administration and
Congress work together on addressing this safety concern?
General Spellmon. Yes, sir. I think we will take the lead
of the National Transportation Safety Board. As I mentioned,
their report that they released in mid-May, the bulk of that
report talked about the vessel and the electronics, but there
is a section in the back on bridge safety and resilience
against elisions that we had here, everything from fendering
and larger and more dolphins. Those are the large concrete
cylinders, sir, that you saw during your visit, that we anchor
into the bottom of the river to protect those important piers.
I think, as we do what we call our Section 408 reviews for
new bridges and navigation channels, that we in the Corps have
to take a harder look at those safety measures and work with
our State and Federal partners to make sure that they are, in
fact, implemented.
Senator Carper. Okay, thank you.
Secretary Wiedefeld, a question, if I could, on air quality
impacts. The question is, last month, when we met with Governor
Moore, who, I must say, is a very impressive leader, I have had
several opportunities to meet with him and am very impressed.
When we met with the Governor and with the Lieutenant Governor
at the site of the bridge collapse, during that meeting, we
discussed, as you may recall, some of the impacts that the
bridge collapse may be having on people who live in the
surrounding communities, impacts including trucks, a lot of
other vehicles that have been rerouted through people's
neighborhoods. We talked about the effect that that can have on
congestion and the effects it can have on safety. I would add,
probably, the effect it could have on air quality. We also
discussed the potential for increased air pollution from the
trucks that serve the port.
My question is, what is the State of Maryland doing to
monitor and, if necessary, mitigate the effects of increased
truck traffic through the neighborhoods close to the port?
Mr. Wiedefeld. Yes, thanks, Senator. We are working
directly with the local governments, being the Baltimore City,
Baltimore County, and Anne Arundel County, which the immediate
community impacts to make sure we are monitoring any truck
traffic, policing it where they should be and where they should
not be, and then working with the community to deal with their
basic transportation needs, because the inability just to get
across to another part of the city and the county with now the
short path of the bridge, so we are working with that.
We are working with our transit administration to look at
opportunities there, as well as travel demand management. We
are also working with the metropolitan Clean Air Organization
to monitor the air quality, and with our Maryland Department of
Environment to monitor that. Obviously, that goes into,
eventually, into the State implementation plan on the air
quality side, but if there are any immediate hotspots it
affects, so we can address those. We have been very successful
with the trucking community, obviously, to make sure they
understand the implications of that and to work with us. That
has been working very well, and we will continue those efforts.
Senator Carper. Very good. Just a followup question, if I
could. Is there any assistance that you and your colleagues
need from the Federal Government to address air quality impacts
resulting from the traffic effects of the bridge's collapse?
Mr. Wiedefeld. Not at this time. Again, I think the open
communication that we are having with the community, meaning
both the people that live in the area, the businesses that are
dependent upon the highway system in that area, the trucking,
the port, as long as we keep those lines of communication open,
I think we can keep tackling these issues head-on.
Senator Carper. Thanks. Senator Capito, would you like to
go next, or yield to Senator Ricketts?
Senator Capito. Yes, I will yield to Senator Ricketts.
Senator Carper. Thanks. Senator Ricketts?
Senator Ricketts. Great, thank you very much, Senator
Capito; I appreciate that.
I want to change gears a little bit to talk about the
permitting of this, because it is important that we get this
done as quickly as possible. I think we all recognize that.
Administrator Bhatt and General Spellmon, there has been
precedent in this Administration to use alternative
arrangements to waive NEPA and other environmental regulations
to build projects for emergency response. The Administration
used alternative arrangements to waive the NEPA and bypass the
standard compliance process to establish the Emergency Migrant
Housing Encampment in Floyd Bennett Field, the 1,400 to 1,500-
acre National Park Service facility in New York City. They did
that in less than 2 weeks. Does this Administration plan to use
alternative arrangements to rebuild the Francis Scott Key
Bridge?
Mr. Bhatt. Thank you, Senator, for that question.
I am not aware of waiving NEPA. What we will do is we will
issue a categorical exclusion because we are replacing a bridge
in essentially the same footprint as the preexisting one and we
will work with the Corps and other resource agencies to get
that done.
Senator Ricketts. How much time do you think that will
save, to do the categorical exclusion?
Mr. Bhatt. Ninety-eight percent of our projects are
categorical exclusions, so it is a very quick determination.
Senator Ricketts. Does this only have to be used, can it
only be used in emergency situations?
Mr. Bhatt. No, the vast majority of our projects that are
within an existing highway footprint are categorical
exclusions. It is when you get into an EIS, Environmental
Impact Statement, or National Ecosystem Assessment (NEA)
environmental assessment, where you just have more impacts and
more studies required.
Senator Ricketts. Okay, because I was actually just talking
to a gentleman who represents the Ironworkers, and he was
describing to me a situation, and we will get more details to
followup with you on this, but in Chicago, where, again, they
were replacing a bridge. He said it took 9 years to get the
permit on that, and obviously, I do not have the details on
that.
But theoretically, that could be used for a categorical
exclusion, too, right, that if it is just replacing a current
bridge that is already there, you could use a categorical
exclusion to save a lot of the time when trying to get the
permit. Is that accurate?
Mr. Bhatt. I am happy to followup with you, Senator, on
those specific examples. A lot of it just has to do with the, I
will use the Cape Cod Bridge as an example, there are whales in
the canal that the Cape Cod Bridge crosses, and so there is an
environmental impact on an endangered species that could have
an impact. It just depends on the context of the bridge.
Senator Ricketts. Okay. You said that you did not have any
knowledge of ways that you can waive NEPA. Is that accurate?
Mr. Bhatt. Again, waiving NEPA is not something that----
Senator Ricketts. You ca not do that?
Mr. Bhatt. I do not believe I have the authority to do
that, but we can find ways through a categorical exclusion when
we are replacing a bridge that existed in that footprint in an
Emergency Relief Program expenditure.
Senator Ricketts. Even though you said it did not have to
be an emergency to use the categorical exclusions?
Mr. Bhatt. Correct.
Senator Ricketts. Okay. Then, I just want to go back to
another question I asked earlier. When you changed the
designation for the bridge to the interState highway system,
under what authority did you do that?
Mr. Bhatt. Under the authority of the Federal Highway
Administration. There is a process that we follow, where the
State says, we would like this redesignated. It happens quite a
bit, and we have to go through and say, here are the design
exceptions that we would approve, so I would assume it is under
Title 23.
Senator Ricketts. There is a process. Did you follow that
process for the Francis Scott Key Bridge?
Mr. Bhatt. Absolutely.
Senator Ricketts. Very good. Thank you very much. I
appreciate it. Thank you.
Senator Carper. Thank you very much.
Senator Cardin?
Senator Cardin. Senator Ricketts, I want you to, I think
Secretary Wiedefeld is also taking steps to streamline the
timeline on the replacement of the bridge, and I will give you
a chance to respond on that.
Mr. Wiedefeld. Thank you, Senator. Yes, obviously, we are
working with Federal Highway literally daily on this issue to
make sure that we are hitting all of the environmental issues,
and then basically anything we can do on the design to get this
done quicker.
We have put out the RFP, as was mentioned, roughly 2 months
after the fall of the bridge. We have gotten the responses to
those, and we are reviewing those now. The next phase will be
we will hire a general engineer's contractor, basically, in
effect, the engineers to oversee this. That will go out in the
next few weeks, and we will have that decision late summer.
We have also processed what we call the Construction
Management Inspection (CMI), which is a construction management
inspection portion of the future bridge, so we are doing that
contract now. We are preparing that contract now, and we will
have that in early fall. All of this is the stage to get this
done as quickly as possible, given the significant impact it
has on the local community and the northeast corridor.
Senator Cardin. I saw the team at work and what they did to
get the port opened well earlier than anyone anticipated. I
have a great deal of confidence in Secretary Wiedenfeld and
Governor Moore. We are going to get that bridge put up as
quickly as possible because we recognize the significance, not
only to our State, but to the entire Country, of that bridge
being replaced quickly, so that is one of our principal
focuses. Do it right, but to do it as quickly as possible.
Let me just take my remaining minute or two, General
Spellmon, I just really want to acknowledge again the
extraordinary work of your team. I would like to include in
that the Coast Guard. They were just incredible. The way that
you have talent and commitment, the way that you immediately
responded, the way that you brought in the private sector where
you needed the private sector for their expertise, it was a
team effort.
I can not underscore enough that when we saw the situation
on March 26th, we thought that port would be closed for a long
time. Within a matter of weeks, you had shipping channels
effectively opened for a large percentage of the traffic.
Admittedly, it was difficult to get the ships in and out and
they had to be by schedule and you could only go in on
direction, you could not have two ships at the same time. We
were able to get business started much faster than we ever
anticipated.
Then, within a matter of a little over 2 months, we had the
full channel opened. That was incredible, with the tonnage and
the steel and the concrete that was there.
Once again, I want to underscore this. I was there at the
scene, looking at the divers that you already complimented.
They could not see their hands in front of them, and there was
jagged debris out there that could be fatal to a diver. They
are operating under those extremely dangerous conditions under
some very bad weather conditions in early April, I might tell
you.
Every time you moved any of the debris, you had to
resurvey, because the debris would shift and would affect the
safety of the divers. You did it with complete safety and
speed. That is a resource that, I must tell you, yes, you had
the talent, but you also had the commitment of those that serve
at the Army Corps and our Coast Guard and the private sector to
put together this team.
I just really wanted to say, once again, thank you so much
for your incredible service and for your team.
General Spellmon. Thanks, sir, and I will certainly pass
those words on to all those men and women wearing hard hats out
there, cutting up that steel, and certainly the divers.
Incredible talent that the Navy and their industry partners
brought to this.
Senator Capito. I just have one quick followup question to
General Spellmon. Let us see, you said the Corps spent
approximately $65 million for the wreckage removal and
emergency. This came from annual operations and maintenance
funding for the Port of Baltimore and through the use of the
Corps' Emergency Program authority.
However, the supplemental transmitted to Congress only asks
for $33 million for the Corps. Why is the supplemental request
only for $33 million when the Corps spent $65 million, and will
the $33 million only be used to replenish annual operations and
maintenance funding for the Port of Baltimore?
General Spellmon. Yes, ma'am, let me explain. Our initial
estimate to clear the 700 foot by 50 foot deep channel was $100
million. We are going to land that, we are in final
demobilization now. It is going to come in at about $74
million. We started off, we used $52 million from Baltimore
Harbor O&M to not remove sediment, but to remove steel and
concrete.
I mentioned in my opening statement, we went out and
canvassed unused and aged Harbor Maintenance Trust Fund O&M
dollars from 220 projects across the Nation, and we garnered
$33 million to put against that effort. I do not need the full
amount, and it is part of the supplemental request.
We want to award, we have sediment for the erupted channel
that we now have to deal with, and we are asking for $33
million to recoup what we spent on steel and concrete. That
will allow us to, if we get that near the end of this fiscal
year, that will allow us to stay on award for our next dredging
contract, which we would like to award in October.
Senator Capito. Thank you. Thank you all very much.
Senator Carper. Senator Ricketts, any more questions? No?
Okay.
With that, let me say in closing, thank you to each of you
for preparations, for your presence, and your response to our
questions, and in some cases, you will be asked some additional
questions, as you know. I believe that the Federal Government
can and should work certainly with States, with local
governments, the private sector to help us build the
infrastructure and rebuilt the infrastructure that we need to
be a successful Nation in the 21st century, not only in
Baltimore and in Maryland, but across our Nation.
For some final housekeeping, I ask unanimous consent to
submit for the record an Emergency Relief Program Supplemental
Appropriations for FY 1990-FY 2023 that relates to today's
hearing and a letter from a stakeholder.
[The referenced information follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Senator Carper. Senators will be allowed to submit
questions for the record through the close of business on July
24th. We will compile those questions. We are going to send
them on to each of you, as appropriate, and we are going to ask
you to reply to those questions by August the 7th.
Senator Capito, any other thoughts?
Senator Capito. No, I am good.
Senator Carper. I just want to thank our staffs on both
sides of the aisle for their work and preparation for today. We
thank our witnesses, as well. It has been a constructive
hearing. We look forward to moving on and figuring out the
right thing to do and doing our dead-level best to do that and
to keep in mind the Golden Rule: treat our neighbors the way we
want to be treated.
With that, I think this hearing is adjourned.
[Whereupon, at 11:48 a.m., the hearing was adjourned.]