    [Senate Prints 112-59]
    [From the U.S. Government Publishing Office]

    112th Congress}                                            { S.PRT
     2nd Session  }              COMMITTEE PRINT		   { 112-59

    ======================================================================

                                  RESOLUTIONS

                                 ADOPTED BY THE

                                  COMMITTEE ON

                          ENVIRONMENT AND PUBLIC WORKS

                              UNITED STATES SENATE

           APPROVING WATER PROJECTS AND PUBLIC BUILDING PROSPECTUSES

                           DURING THE 112th CONGRESS

     [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

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

                                   __________

                     U.S. GOVERNMENT PUBLISHING OFFICE
    36-280 PDF                       WASHINGTON : 2019

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                   COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS

                          one hundred twelfth congress
                      BARBARA BOXER, California, Chairman
    MAX BAUCUS, Montana                  JAMES M. INHOFE, Oklahoma
    THOMAS R. CARPER, Delaware           DAVID VITTER, Louisiana
    FRANK R. LAUTENBERG, New Jersey      JOHN BARRASSO, Wyoming
    BENJAMIN L. CARDIN, Maryland         JEFF SESSIONS, Alabama
    BERNARD SANDERS, Vermont             MIKE CRAPO, Idaho
    SHELDON WHITEHOUSE, Rhode Island     LAMAR ALEXANDER, Tennessee
    TOM UDALL, New Mexico                MIKE JOHANNS, Nebraska
    JEFF MERKLEY, Oregon                 JOHN BOOZMAN, Arkansas
    KIRSTEN GILLIBRAND, New York
           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

    July 13, 2011:
      Water resolution:
            Eastchester Creek (Hutchinson River), New York...........     7
      Public building resolutions:
        Construction:
            Department of Homeland Security, St. Elizabeths Campus,
              Washington, DC.........................................     8
        Replacement Lease:
            Department of Veterans Affairs, Washington, DC...........     9
            Department of Energy, National Nuclear Security
              Administration, Washington, DC.........................    10
            Department of Labor, Office of the Solicitor, Mine Safety
              and Health Administration, Northern, VA................    11
            Department of State, Northern, VA........................    12
            Federal Bureau of Investigation, Cleveland, OH...........    13
            Department of the Interior, National Park Service,
              Washington, DC.........................................    14
            Drug Enforcement Administration, New York, New York......    15
            Department of Defense, Office of Naval Research,
              Northern, VA...........................................    16
            Nuclear Regulatory Commission, Suburban, MD..............    17
            Drug Enforcement Administration, Houston, TX.............    18
            General Services Administration, Philadelphia, PA........    19
            Department of Justice, Office of Justice Programs,
              Washington, DC.........................................    20
        Lease:
            Department of State, U.S. Agency for International
              Development, Washington, DC............................    21
            Department of the Interior, National Business Center,
              Lakewood, CO...........................................    22
        Lease Extension:
            Presidential Inaugural Committee, Washington, DC.........    23
        Consolidation Lease:
            Department of State, Washington, DC......................    24
        New Lease:
            Department of Veterans Affairs, Los Angeles, CA..........    25
        Superseding Lease:
            Bureau of Public Debt, Parkersburg, WV...................    26
        Consolidation Expansion:
            Department of Defense, Defense Security Cooperation
              Agency, Northern, VA...................................    27
            Federal Bureau of Investigation, Atlanta, GA.............    28
        Feasibility Study:
            Federal Bureau of Investigation, Washington, DC..........    29
    September 21, 2011:
      Public building resolutions:
        Lease Extension:
            Food and Drug Administration, Suburban, MD...............    30
        Lease Consolidation:
            National Institutes of Health, Suburban, MD..............    31
        Replacement Lease:
            Federal Communications Commission, Washington, DC........    32
    December 8, 2011:
      Public building resolutions:
        Alteration:
            Fire Protection and Life Safety Projects, Various
              Buildings..............................................    33
            Energy and Water Retrofit and Conservation Measures
              Program, Various Buildings.............................    34
            Wellness and Fitness Program, Various Buildings..........    35
            Charles F. Prevedel Federal Building, Overland, MO.......    36
            Eisenhower Executive Office Building (Phase III),
              Washington, DC.........................................    37
            Department of State, Harry S. Truman Building,
              Washington, DC.........................................    38
            Phillip Burton Federal Building and Courthouse, San
              Francisco, CA..........................................    39
            Prince Jonah Kuhio Kalanianaole, Federal Building and
              Courthouse, Honolulu, HI...............................    40
            United States Federal Building, Los Angeles, CA..........    41
        Construction:
            Federal Bureau of Investigation, San Juan, Puerto Rico...    42
            Federal Bureau of Investigation, Records Management
              Facility, Frederick County, VA.........................    43
            U.S. Land Port of Entry, Alexandria Bay, New York........    44
            U.S. Land Port of Entry, Columbus, New Mexico............    45
            U.S. Land Port of Entry -- Gateway, Brownsville, TX......    46
        Replacement Lease:
            Department of Homeland Security, New York, NY............    47
        Consolidation and Expansion Lease:
            Department of Homeland Security, Immigration and Customs
              Enforcement, Houston, TX...............................    48
            Department of Homeland Security, Immigration and Customs
              Enforcement, Dallas, TX................................    49
        Lease:
            U.S. Coast Guard Sector Headquarters, Corpus Christi, TX.    50
            Department of Homeland Security, Immigration and Customs
              Enforcement, Phoenix, AZ...............................    51
            Federal Bureau of Investigation Consolidated
              Headquarters, National Capital Region..................    52
    June 21, 2012:
      Public building resolutions:
        Lease Extension:
            U.S. Department of Defense, United States Joint Forces
              Command, Joint Warfighting Center, Suffolk, VA.........    54
            U.S. Department of Treasury, Financial Management
              Service, Suburban, MD..................................    55
        Lease:
            One World Trade Center, New York, NY.....................    56
        New Lease:
            Office of the Director of National Intelligence,
              Northern, VA...........................................    57
        Replacement Lease:
            Consumer Products Safety Commission, Suburban, MD........    58
            Department of Defense, Northern, VA......................    59
            Internal Revenue Service, Covington, KY..................    60
    July 25, 2012:
      Water resolution:
            Port Fourchon, Louisiana.................................    61
            Norfolk, Virginia........................................    62

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

                                  ----------

                          WATER RESOURCES RESOLUTIONS

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

                                 * * * * * * *

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

                                 * * * * * * *

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

                                 * * * * * * *

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

                                 * * * * * * *

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

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

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

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

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

                          PUBLIC BUILDING RESOLUTIONS

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

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

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

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

        (b) Increase of estimated maximum cost

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

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

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

        (d) Emergency leases by the Administrator

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

        (e) Limitation on leasing certain space

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

        (f) Dollar amount adjustment

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

                                 * * * * * * *

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

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