Text: S.1221 — 102nd Congress (1991-1992)All Information (Except Text)

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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.