[House Report 110-229]
[From the U.S. Government Publishing Office]





110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-229

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



 
                COLONEL CHARLES D. MAYNARD LOCK AND DAM

                                _______
                                

   July 11, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 781]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 781) to redesignate Lock and Dam 
No. 5 of the McClellan-Kerr Arkansas River Navigation System 
near Redfield, Arkansas, authorized by the Rivers and Harbors 
Act approved July 24, 1946, as the ``Colonel Charles D. Maynard 
Lock and Dam'', having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                       PURPOSE OF THE LEGISLATION

    H.R. 781 redesignates Lock and Dam No. 5 of the McClellan-
Kerr Arkansas River Navigation System near Redfield, Arkansas, 
as the ``Colonel Charles D. Maynard Lock and Dam''.

                  BACKGROUND AND NEED FOR LEGISLATION

    The headwaters for the Arkansas River are in the Rocky 
Mountains near Leadville, Colorado. The river flows 
southeastward 1,396 miles through Colorado, Kansas, Oklahoma, 
and Arkansas to join the Mississippi River 599 miles above Head 
of Passes, Louisiana. The McClellan-Kerr Arkansas River 
Navigation System (``MKARNS'') provides navigation, 
hydroelectric power, flood control, water supply, sediment 
control, recreation, and fish and wildlife propagation 
improvements in the Arkansas River Basin. The MKARNS provides a 
navigation channel that is nine feet deep and 444.8 miles long. 
The waterway is canalized throughout its length by 17 locks and 
dams.
    Lock and Dam No. 5 is located on Navigation Mile 86.3. 
Construction began on the lock and dam in March 1965 and the 
lock and dam began operating in December 1968. The initial 
construction cost was $28,700,000 and tow haulage equipment was 
installed in June 1993. In FY 2006, 8,852,422 tons of 
commodities traveled through Lock and Dam No. 5. The total 
number of lockage conducted during FY 2006 was 2,110. Pool 5 
has two developed parks which in FY 2006 experienced public 
visitation exceeding 0.8 million visitor hours.
    This bill redesignates Lock and Dam No. 5 as the ``Colonel 
Charles D. Maynard Lock and Dam''. Colonel Charles D. Maynard 
graduated by from the United States Military Academy at West 
Point in 1941, after which he was commissioned in the Coast 
Artillery and later transferred to the Corps of Engineers. He 
served in New Guinea and the Philippines during World War II. 
He also received graduate degrees from Harvard University, 
Rensselaer Polytechnic University, George Washington 
University, and Rutgers University.
    Colonel Maynard was the District Engineer of the Little 
Rock Engineer District, where he directed planning, design, and 
construction of 13 locks and dams of the MKARNS. At the time, 
this was the largest civil works project ever undertaken by the 
Corps of Engineers. He was the official host for President John 
F. Kennedy in October 1963 for the official dedication of 
Greers Ferry Dam.
    Colonel Maynard was a leader in both professional and 
community organizations. He served as Chairman and President of 
the Water Resources Association of America, Chairman of the 
Arkansas Waterways Commission, and President of the Arkansas 
Basin Association. Colonel Maynard was also the U.S. Savings 
Bond Coordinator for Arkansas, President of the Little Rock 
Chamber of Commerce, Campaign Chairman for the United Way of 
Pulaski County, President of the Pulaski County Cancer Society, 
and Chairman Emeritus of Central Arkansas Radiation Treatment 
Center.
    Colonel Maynard passed away in October 2005. It is fitting 
and proper to honor his outstanding contributions to Arkansas 
and the United States with this designation.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Designation

    Section 1 makes Congressional findings regarding the 
contributions that Colonel Charles D. Maynard made to Arkansas 
and his community through his professional work as an engineer 
and his community service.

Section 2. References

    Section 2 declares that any reference in a law, map, 
regulation, document, paper, or other record of the United 
States to Lock and Dam No. 5 of the McClellan-Kerr Arkansas 
River Navigation System near Redfield, Arkansas, authorized by 
the Rivers and Harbors Act approved July 24, 1946, shall be 
deemed a reference to the ``Colonel Charles D. Maynard Lock and 
Dam''.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On January 31, 2007, Representative Mike Ross introduced 
H.R. 781, which redesignates Lock and Dam No. 5 of the 
McClellan-Kerr Arkansas River Navigation System near Redfield, 
Arkansas, as the ``Colonel Charles D. Maynard Lock and Dam''.
    On June 28, 2007, the Committee on Transportation and 
Infrastructure met in open session and ordered H.R. 781 
reported favorably to the House by voice vote.

                              RECORD VOTES

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with ordering H.R. 
781 reported. A motion to order H.R. 781 reported favorably to 
the House was agreed to by voice vote with a quorum present.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(I) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objective of this legislation are to 
redesignate Lock and Dam No. 5 of the McClellan-Kerr Arkansas 
River Navigation System near Redfield, Arkansas as the 
``Colonel Charles D. Maynard Lock and Dam''.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 781 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 3, 2007.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 781, a bill to redesignate the Lock and Dam No. 5 
of the McClellan-Kerr Arkansas River Navigation System near 
Redfield, Arkansas, authorized by the Rivers and Harbors Act 
approved on July 24, 1946, as the ``Colonel Charles D. Maynard 
Lock and Dam'', as ordered reported by the House on 
Transportation ``and Infrastructure on June 28, 2007.
    CBO estimates that enactment of this legislation would have 
no significant impact on the federal budget and would not 
affect direct spending or revenues. The bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments. If you wish further 
details on this estimate, we will be pleased to provide them. 
The CBO staff contact is Matthew Pickford.
            Sincerely,
                                                   Peter R. Orszag.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 781 does not contain any congressional 
earmarks, limited tax benefits, or limited tariff benefits as 
defined in clause 9(d), 9(e), or 9(f) of rule XXI of the Rules 
of the House of Representatives.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 781 does not 
preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 781 makes no changes in existing law.

                                  
