[Senate Prints 111-77]
[From the U.S. Government Publishing Office]





111th Congress        }                       {        S.Prt
 2d Session           }    COMMITTEE PRINT    {        111-77
 ______________________________________________________________
 
                              RESOLUTIONS
                              
                             ADOPTED BY THE

                              COMMITTEE ON

                      ENVIRONMENT AND PUBLIC WORKS

                          UNITED STATES SENATE


       APPROVING WATER PROJECTS AND PUBLIC BUILDING PROSPECTUSES

                       DURING THE 111th CONGRESS


                                     

                                     
                                     
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  Printed for the use of the Committee on Environment and Public Works


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               COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                                       
                     one hundred eleventh congress
                     
                  BARBARA BOXER, California, Chairman
MAX BAUCUS, Montana                  JAMES M. INHOFE, Oklahoma
THOMAS R. CARPER, Delaware           GEORGE V. VOINOVICH, Ohio
FRANK R. LAUTENBERG, New Jersey      DAVID VITTER, Louisiana
BENJAMIN L. CARDIN, Maryland         JOHN BARRASSO, Wyoming
BERNARD SANDERS, Vermont             MIKE CRAPO, Idaho
AMY KLOBUCHAR, Minnesota             CHRISTOPHER S. BOND, Missouri
SHELDON WHITEHOUSE, Rhode Island     LAMAR ALEXANDER, Tennessee
TOM UDALL, New Mexico
JEFF MERKLEY, Oregon
KIRSTEN GILLIBRAND, New York
ARLEN SPECTER, Pennsylvania
       Bettina Poirier, Majority Staff Director and Chief Counsel
                 Ruth Van Mark, Minority Staff Director
                                 ------                                
  

                                  (ii)

  
                            C O N T E N T S

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             STATUTORY AUTHORITY FOR COMMITTEE RESOLUTIONS

Water resources resolutions:
    Title 16, United States Code, Sec.  1002. Definitions........     1
    Title 16, United States Code, Sec.  1009. Joint 
      investigations and surveys by Secretary of the Army and 
      Secretary of Agriculture; reports to Congress..............     2
    Title 33, United States Code, Sec.  542. Review by Board of 
      Engineers of reports on examinations and surveys and 
      special reports............................................     2
    Title 33, United States Code, Sec.  701b-7. Supplemental 
      reports to Senate Environment and Public Works Committee 
      and House Public Works and Transportation Committee........     3
    Title 42, United States Code. (The Public Health and 
      Welfare), Sec.  1962d-5. Water resources development 
      projects involving navigation, flood control, and shore 
      protection.................................................     3
Public buildings resolutions:
    Title 40. United States Code. (Public Buildings, Property, 
      and Works), Sec.  606. Approval of proposed projects by 
      Congress...................................................     4
    Title 40. United States Code. (Public Buildings, Property, 
      and Works), Sec.  610. Report to Congress; uncompleted 
      projects; building project surveys.........................     6

                 RESOLUTIONS APPROVED BY THE COMMITTEE

May 14, 2009:
  Water resolution:
        Miles City and Vicinity, Montana.........................     7
December 10, 2009:
  Water resolution:
        Espanola Valley, Rio Grande and Tributaries, New Mexico..     8
December 10, 2009:
  Public building resolutions:
    Replacement Lease:
        National Transportation Safety Board, Washington, DC.....    09
    Extension/Expansion Lease:
        Federal Aviation Administration, Des Plaines, IL.........    10
February 4, 2010:
  Public building resolutions:
    Alteration and Modernization Program:
        Energy and Water Retrofit and Conservation Measures 
          Program, Washington, DC................................    11
        High Performance Energy Projects - Energy Independence 
          Security ACT of 2007, Washington, DC...................    12
        Fire Protection and Life Safety Program, Washington, D.C.    13
        New Executive Office Building, Washington, D.C...........    14
        Dwight D. Eisenhower Executive Office Building, 
          Washington, D.C........................................    15
        White House East & West Wing Infrastructure Systems 
          Replacement, Washington, D.C...........................    16
    Construction and Acquisition:
        U.S. Land Port of Entry, Calexico, CA....................    17
        Federal Building FBI Office, Miami, FL...................    18
        U.S. Courthouse, Lancaster, PA...........................    19
        U.S. Land Port of Entry, Tornillo-Guadalupe, El Paso 
          County, TX.............................................    20
        U.S. Courthouse, Mobile, AL..............................    21
        U.S. Courthouse, Greenbelt, MD...........................    23
        U.S. Courthouse, San Antonio, TX.........................    25
    Leases:
        DHS - FEMA, Washington, D.C..............................    27
    Replacement Leases:
        National Archives & Records Administration, Philadelphia, 
          PA.....................................................    28
        National Oceanic & Atmospheric Administration, Suburban, 
          MD.....................................................    29
        Department of State, Architects Building, Northern VA....    30
June 30, 2010:
  Public building resolutions:
    Acquisition:
        Columbia Plaza Building, Washington, D.C.................    31
November 30, 2010:
  Public building resolutions:
    Construction:
        U.S. Courthouse, Salt Lake City, UT......................    32
        U.S. Land Port of Entry, Calais, ME......................    34
        U.S. Land Port of Entry, Calexico, CA....................    35
    Consolidation/Expansion Lease:
        Department of Homeland Security, United States Coast 
          Guard, Operations Systems Center, Martinsburg, 
          Kearneysville and surrounding portions of Berkeley and 
          Jefferson Counties, WV.................................    36
    Replacement Lease:
        Department of State, Washington, DC......................    37
    Lease:
        Department of the Treasury, Internal Revenue Service, 
          Fresno, CA.............................................    38
        General Services Administration, Northern, VA............    39
    Alteration:
        Daniel Patrick Moynihan U.S. Courthouse, New York, New 
          York...................................................    40
        Fire Protection and Life Safety Program, Various 
          Buildings/Locations....................................    41
        Wellness and Fitness Programs, Various Buildings/
          Locations..............................................    42
        Edward J. Schwartz Federal Building and U.S. Courthouse, 
          San Diego, CA..........................................    43
        Frank Hagel Federal Building, Richmond, CA...............    44
        Energy and Water Retrofit and Conservation Measures 
          Program, Various Buildings/Locations...................    45
        James C. Corman Federal Building, Van Nuys, CA...........    46
        Federal Building Complex, Los Angeles, CA................    47
        Major General Emmett J. Bean Federal Center, 
          Indianapolis, IN.......................................    48
    Design:
        Patrick V. Mcnamara Federal Building Annex, Detroit, MI..    49
    Acquisition:
        Internal Revenue Service, Martinsburg, WV................    50


STATUTORY AUTHORITY FOR RESOLUTIONS BY THE COMMITTEE ON ENVIRONMENT AND 
                              PUBLIC WORKS

                              ----------                              


                      WATER RESOURCES RESOLUTIONS

Title 16, United States Code
            Chapter 18. Watershed Protection and Flood Prevention
Sec.  1002. Definitions
    For the purposes of this chapter, the following terms shall 
mean: The ``Secretary''--the Secretary of Agriculture of the 
United States.
        ``Works of improvement''--any undertaking for--
        (1) Lflood prevention (including structural and land 
        treatment measures),
        (2) Lthe conservation, development, utilization, and 
        disposal of water, or
        (3) Lthe conservation and proper utilization of land, 
        in watershed or subwatershed area not exceeding two 
        hundred and fifty thousand acres and not including any 
        single structure which provides more than twelve 
        thousand five hundred acre-feet of floodwater detention 
        capacity, and more than twenty-five thousand acre-feet 
        of total capacity. No appropriation shall be made for 
        any plan involving an estimated Federal contribution to 
        construction costs in excess of $5,000,000, or which 
        includes any structure which provides more than twenty-
        five hundred acre-feet of total capacity unless such 
        plan has been approved by resolutions adopted by the 
        appropriate committees of the Senate and House of 
        Representatives: Provided, That in the case of any plan 
        involving no single structure providing more than 4,000 
        acre-feet of total capacity the appropriate committees 
        shall be the Committee on Agriculture, Nutrition, and 
        Forestry of the Senate and the Committee on Agriculture 
        of the House of Representatives and in the case of any 
        plan involving any single structure of more than 4,000 
        acre-feet of total capacity the appropriate committees 
        shall be the Committee on Environment and Public Works 
        of the Senate and the Committee on Public Works and 
        Transportation of the House of Representatives, 
        respectively. Each project must contain benefits 
        directly related to agriculture, including rural 
        communities, that account for at least 20 percent of 
        the total benefits of the project. A number of such 
        subwatersheds when they are component parts of a larger 
        watershed may be planned together when the local 
        sponsoring organizations so desire.
    ``Local organization''--any State, political subdivision 
thereof, soil or water conservation district, flood prevention 
or control district, or combinations thereof, or any other 
agency having authority under State law to carry out, maintain 
and operate the works of improvement; or any irrigation or 
reservoir company, water users' association, or similar 
organization having such authority and not being operated for 
profit that may be approved by the Secretary; or any Indian 
tribe or tribal organization, as defined in section 450b of 
title 25, having authority under Federal, State, or Indian 
tribal law to carry out, maintain, and operate the works of 
improvement.

                             * * * * * * *

Title 16, United States Code
            Chapter 18. Watershed Protection and Flood Prevention
Sec.  1009. Joint investigations and surveys by Secretary of 
the Army and Secretary of Agriculture; reports to Congress
    The Secretary of the Army and the Secretary of Agriculture, 
when authorized to do so by resolutions adopted by the 
Committee on Environment and Public Works of the Senate or the 
Committee on Public Works and Transportation of the House of 
Representatives, are authorized and directed to make joint 
investigations and surveys in accordance with their existing 
authorities of watershed areas in the United States, Puerto 
Rico, and the Virgin Islands, and to prepare joint reports on 
such investigations and surveys setting forth their 
recommendations for the installation of the works of 
improvement needed for flood prevention or the conservation, 
development, utilization, and disposal of water, and for flood 
control and allied purposes. Such joint reports shall be 
submitted to the Congress through the President for adoption 
and authorization by the Congress of the recommended works of 
improvement: Provided, That the project authorization procedure 
established by this chapter shall not be affected.

                             * * * * * * *

Title 33, United States Code
            Chapter 12. River and Harbor Improvements
                Subchapter I. General Provisions
Sec.  542. Review by Board of Engineers of reports on 
examinations and surveys and special reports
    All reports on examinations and surveys authorized by law 
shall be reviewed by the Board of Engineers for Rivers and 
Harbors as provided for in section 541 of this title, and all 
special reports ordered by Congress shall, in the discretion of 
the Chief of Engineers, be reviewed in like manner by said 
board; and the said board shall also, on request by resolution 
of the Committee on Environment and Public Works of the Senate 
or the Committee on Public Works and Transportation of the 
House of Representatives, submitted to the Chief of Engineers, 
examine and review the report of any examination or survey made 
pursuant to any Act or resolution of Congress, and report 
thereon through the Chief of Engineers, United States Army, who 
shall submit his conclusions thereon as in other cases: 
Provided, That in no case shall the board, in its report thus 
called for by committee resolution, extend the scope of the 
project contemplated in the original report upon which its 
examination and review has been requested, or in the provision 
of law authorizing the original examination or survey.

                             * * * * * * *

Title 33, United States Code
            Chapter 15. Flood Control
Sec.  701b-7. Supplemental reports to Senate Environment and 
Public Works Committee and House Public Works Committee
    After the Secretary of Agriculture has submitted to 
Congress a regular or formal report made on any examination or 
survey, pursuant to the Flood Control Act approved June 22, 
1936, as amended and supplemented, a supplemental, additional, 
or review report or estimate may be made if authorized by law 
or by resolution of the Committee on Public Works and 
Transportation of the House of Representatives or the Committee 
on Environment and Public Works of the Senate.

                             * * * * * * *

Title 42. United States Code (The Public Health and Welfare)
            Chapter 19b. Water Resources Planning
                Subchapter IV. Miscellaneous Provisions
Sec.  1962d-5. Water resources development projects involving 
navigation, flood control, and shore protection

    (a) Construction, operation, and maintenance; limitation on 
estimated Federal first cost of construction; Congressional 
committee approval of projects; reports to Congress

    The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to construct, operate, and maintain 
any water resource development project, including single and 
multiple purpose projects involving, but not limited to, 
navigation, flood control, and shore protection, if the 
estimated Federal first cost of constructing such project is 
less than $15,000,000. No appropriation shall be made to 
construct, operate, or maintain any such project if such 
project has not been approved by resolutions adopted by the 
Committees on Public Works of the Senate and House of 
Representatives, respectively. For the purpose of securing 
consideration of such approval the Secretary shall transmit to 
Congress a report of such proposed project, including all 
relevant data and all costs.

    (b) Local cooperation requirements based on certain 
estimated Federal first cost of construction

    Any water resource development project authorized to be 
constructed by this section shall be subject to the same 
requirements of local cooperation as it would be if the 
estimated Federal first cost of such project were $15,000,000 
or more.
                              ----------                              


                      PUBLIC BUILDING RESOLUTIONS

Title 40. United States Code. (Public Buildings, Property, and Works)
            Chapter 12. Construction, Alteration, and Acquisition of 
                    Public Buildings
Sec.  606. Approval of proposed projects by Congress

    (a) Limitation of funds; transmission to Congress of 
prospectus of proposed project

    In order to insure the equitable distribution of public 
buildings throughout the United States with due regard for the 
comparative urgency of need for such buildings, except as 
provided in section 603 of this title, no appropriation shall 
be made to construct, alter, purchase, or to acquire any 
building to be used as a public building which involves a total 
expenditure in excess of $1,500,000 if such construction, 
alteration, purchase, or acquisition has not been approved by 
resolutions adopted by the Committee on Public Works of the 
Senate and House of Representatives, respectively. No 
appropriations shall be made to lease any space at an average 
annual rental in excess of $1,500,000 for use for public 
purposes if such lease has not been approved by resolutions 
adopted by the Committee on Public Works of the Senate and 
House of Representatives, respectively. No appropriation shall 
be made to alter any building, or part thereof, which is under 
lease by the United States for use for a public purpose if the 
cost of such alteration would exceed $750,000 unless such 
alteration has been approved by resolutions adopted by the 
Committee on Environment and Public Works of the Senate and the 
Committee on Public Works and Transportation of the House of 
Representatives. For the purpose of securing consideration for 
such approval, the Administrator shall transmit to the Congress 
a prospectus of the proposed facility, including (but not 
limited to)--

        (1) La brief description of the building to be 
        constructed, altered, purchased, acquired, or the space 
        to be leased under this chapter;
        (2) Lthe location of the building or space to be leased 
        and an estimate of the maximum to the United States of 
        the facility to be constructed, altered, purchased, 
        acquired, or the space to be leased;
        (3) La comprehensive plan for providing space for all 
        Government officers and employees in the locality of 
        the proposed facility or the space to be leased, having 
        due regard for suitable space which may continue to be 
        available in existing Government-owned or occupied 
        buildings, especially such of those buildings as 
        enhance the architectural, historical, social, 
        cultural, and economic environment of the locality;
        (4) Lwith respect to any project for the construction, 
        alteration, purchase, or acquisition of any building, a 
        statement by the Administrator that suitable space 
        owned by the Government is not available and that 
        suitable rental space is not available at a price 
        commensurate with that to be afforded through the 
        proposed action;
        (5) La statement by the Administrator of the economic 
        and other justifications for not acquiring or 
        purchasing a building or buildings identified to the 
        Administrator pursuant to section 611(c) of this title 
        as suitable for the public building needs of the 
        Federal Government; and
        (6) La statement of rents and other housing costs 
        currently being paid by the Government for Federal 
        agencies to be housed in the building to be 
        constructed, altered, purchased, acquired, or the space 
        to be leased.

    (b) Increase of estimated maximum cost

    The estimated maximum cost of any project approved under 
this section as set forth in any prospectus may be increased by 
an amount equal to the percentage increase, if any, as 
determined by the Administrator, in construction, or alteration 
costs, as the case may be, from the date of transmittal of such 
prospectus to Congress, but in no event shall the increase 
authorized by this subsection exceed 10 per centum of such 
estimated maximum cost.

    (c) Rescission of approval for failure to make 
appropriations for project

    In the case of any project approved for construction, 
alteration, or acquisition by the Committees on Public Works of 
the Senate and of the House of Representatives, respectively, 
in accordance with subsection (a) of this section, for which an 
appropriation has not been made within one year after the date 
of such approval, either the Committee on Public Works of the 
Senate or the Committee on Public Works of the House of 
Representatives, may rescind, by resolution, its approval of 
such project at any time thereafter before such an 
appropriation has been made.

    (d) Emergency leases by the Administrator

    Nothing in this section shall be construed to prevent the 
Administrator from entering into emergency leases during any 
period declared by the President to require such emergency 
leasing authority, except that no such emergency lease shall be 
for a period of more than 180 days without approval of a 
prospectus for such lease in accordance with subsection (a) of 
this section.

    (e) Limitation on leasing certain space

        (1) General rule
          The Administrator may not lease any space to 
        accommodate--
                (A) Lcomputer and telecommunications 
                operations;
                (B) Lsecure or sensitive activities related to 
                the national defense or security, except in any 
                case in which it would be inappropriate to 
                locate such activities in a public building or 
                other facility identified with the United 
                States Government; or
                (C) La permanent courtroom, judicial chamber, 
                or administrative office for any United States 
                court; if the average rental cost of leasing 
                such space would exceed $1,500,000.
        (2) Exception
          The Administrator may lease any space with respect to 
        which paragraph (1) applies if the Administrator first 
        determines, for reasons set forth in writing, that 
        leasing such space is necessary to meet requirements 
        which cannot be met in public buildings and submits 
        such reasons to the Committee on Environment and Public 
        Works of the Senate and the Committee on Public Works 
        and Transportation of the House of Representatives.

    (f) Dollar amount adjustment

    Any dollar amount referred to in this section and section 
603(b) of this title may be adjusted by the Administrator 
annually to reflect a percentage increase or decrease in 
construction costs during the preceding calendar year, as 
determined by the composite index of construction costs of the 
Department of Commerce. Any such adjustment shall be 
expeditiously reported to the Committee on Environment and 
Public Works of the Senate and the Committee on Public Works 
and Transportation of the House of Representatives.

                             * * * * * * *

Title 40. United States Code. (Public Buildings, Property, and Works)
            Chapter 12 - Construction, Alteration, and Acquisition of 
                    Public Buildings
Sec.  610. Report to Congress; uncompleted projects; building 
project surveys
    (a) Upon the request of either House of Congress, or any 
committee thereof, and within a reasonable time, the 
Administrator shall submit a report showing the location, 
space, cost, and status, of each public building the 
construction, alteration, or acquisition of which is to be 
under authority of this chapter and which was uncompleted as of 
the date of the request, or as of such other date as the 
request may designate.
    (b) The Administrator and the United States Postal Service 
are authorized and directed to make such building project 
surveys as may be requested by resolution by either the 
Committee on Environment and Public Works of the Senate or the 
Committee on Public Works and Transportation of the House of 
Representatives, and within a reasonable time shall make a 
report thereon to the Congress. Such report shall contain all 
other information required to be included in a prospectus of 
the proposed public building project under section 606(a) of 
this title.


                      RESOLUTIONS APPROVED BY THE


            SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                             111th CONGRESS
                             
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