S.1221 - A bill to modify the flood control project for Clear Creek, Texas, to direct the Secretary of the Army to remove a railroad bridge, and for other purposes.102nd Congress (1991-1992)
|Sponsor:||Sen. Bentsen, Lloyd M. [D-TX] (Introduced 06/05/1991)|
|Committees:||Senate - Environment and Public Works|
|Latest Action:||Senate - 06/05/1991 Read twice and referred to the Committee on Environment and Public Works. (All Actions)|
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Text: S.1221 — 102nd Congress (1991-1992)All Information (Except Text)
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Introduced in Senate
S 1221 IS 102d CONGRESS 1st Session S. 1221 To modify the flood control project for Clear Creek, Texas, to direct the Secretary of the Army to remove a railroad bridge, and for other purposes. IN THE SENATE OF THE UNITED STATES June 5 (legislative day, JUNE 3), 1991 Mr. BENTSEN introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To modify the flood control project for Clear Creek, Texas, to direct the Secretary of the Army to remove a railroad bridge, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROJECT MODIFICATION. The flood control project for Clear Creek, Texas, authorized by section 203 of the Flood Control Act of 1968 (82 Stat. 742), is modified to direct the Secretary of the Army to remove, at Federal expense, the Southern Pacific Railroad swing bridge which crosses the primary channel of Clear Creek at the entrance to Galveston Bay, Texas, including the pivot pier and timber approach bridge. SEC. 2 SATISFACTION OF FEDERAL RESPONSIBILITY. Removal of the swing bridge, pivot pier, and timber approach bridge pursuant to this Act shall be in full satisfaction of any responsibility the United States might otherwise have to provide substitute facilities for any part of the railroad line (or to replace, relocate, or alter any other part of the railroad line) owned by the Southern Pacific Transportation Company and affected by the project referred to in section 1. SEC. 3. AGREEMENT. The Secretary of the Army may not remove the bridges and pier referred to in section 1 until the Southern Pacific Transportation Company has entered into a written agreement with the Secretary in which the company-- (1) agrees that the removal of the bridges and pier fully satisfies any responsibility the United States might otherwise have to provide substitute facilities or to replace, relocate, or alter any of the company's railroad facilities affected by the project; (2) agrees to provide to the United States, without additional consideration, any and all necessary easements at and immediately adjacent to the Second Outlet, Clear Lake to Galveston Bay; (3) agrees that the salvage value of the pivot pier and timber approach bridge shall accrue to the United States to offset costs incurred by the United States in removing the bridges and pier; (4) agrees to release the United States from any claims for compensation for damages related to the operation of the railroad facilities; (5) agrees to cooperate with the United States in the removal of the bridges and pier; and (6) agrees to hold and save the United States free from all damages arising from the removal of the bridges and pier, except for damages due to the fault or negligence of the United States or its contractors. SEC. 4. DISPOSITION OF SWING BRIDGE. After its removal pursuant to this Act, the swing bridge referred to in section 1 shall remain the property of the Southern Pacific Transportation Company and shall be loaded on barges provided by the company.