APPENDIX DEPARTMENT OF THE ARMY, DEAR MR. CHAIRMAN: This is in response to your inquiry during the hearings on 19 June 1972 on the Fiscal Year 1973 Public Works Appropriation Bill on the background and justification for Federal reimbursement to the Union Pacific Railroad for work performed by the Railroad on the Joso Bridge. The Lower Monumental Lock and Dam project was authorized by the River and Harbor Act of 1945. The dam is located on the Snake River at river mile 41.6, about 45 miles northeast of Pasco, Washington. The project is essentially complete and is in operation. The Joso Bridge crosses the Snake River in the area of the pool created by the Lower Monumental Dam. Four steel piers of the bridge are located in the bed of the Snake River. These piers originally rested atop concrete pedestals extending above the maximum high water level of the river. Raising of the pool behind the Lower Monumental Dam would have subjected these steel piers to corrosion and damage from debris, ice flows, or from vessels. Consequently, to protect the bridge the railroad decided to raise the tops of the concrete pedestals by 43 feet. The necessity for bridge modification had not been specifically covered in the project document. The Snake River is a navigable waterway of the United States. The bridge did not create an obstruction to navigation and, consequently, was not eligible for Federal participation under the Truman-Hobbs Act. Under these circumstances, the Corps of Engineers did not interpret its authority to be adequate for reimbursement to the railroad for the work they had performed. As a result, the agreement between the Corps and the Union Pacific Railroad for relocation of the railroad facilities due to the project did not provide for, but did reserve to the Union Pacific Railroad the right to seek by other means, payment for the reconstruction of these piers. 66 Reimbursement to the Union Pacific Railroad was authorized by Section 13 of the River Basin Monetary Authorization Act of 1971, Public Law 92-222. The House Public Works Committee, in its report on the Act, stated that: ... The Committee notes that if the Lower Monumental project were authorized under present policies, the Federal Government would participate in the costs of the bridge alterations. For these reasons, the Committee considers the section equitable and appropriate..." The Corps of Engineers concurs that the alterations to the Joso Bridge, performed by the railroad, were necessary as a direct result of project construction. Consequently, the Corps of Engineers regards reimbursement to the Union Pacific Railroad, for project necessitated modifications to the Joso Bridge, to be a just obligation of the Federal Government. Sincerely yours, R. P. YOUNG, Major General, USA, Acting Chief of Engineers. (337) |