V

107TH CONGRESS

1ST SESSION H. R. 1952

For the relief of the R.E. Goodson Construction Company, Incorporated.

IN THE HOUSE OF REPRESENTATIVES

MAY 22, 2001

Mr. SPRATT introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

For the relief of the R.E. Goodson Construction Company,

Incorporated.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS.

4 The Congress finds that—

5 (1) the R.E. Goodson Construction Company,

6 Inc., a South Carolina corporation, entered into a

7 subcontract for grading and filling a State highway,

8 to be known as the Carolina Bays Parkway, in

9 Horry County, near Myrtle Beach, South Carolina;

10 (2) for the purpose of excavating fill dirt, R.E.

11 Goodson Construction Company acquired a tract of
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1 392 acres in Horry County, South Carolina, from

2 International Paper Realty Corporation at a price of

3 $2,400,000;

4 (3) R.E. Goodson Construction Company was

5 not informed that the tract it purchased is a For6 merly Used Defense Site, and was once part of the

7 Conway Bombing and Gunnery Range;

8 (4) when R.E. Goodson Construction Company

9 began excavating fill dirt from the tract it pur10 chased, it began discovering parts of munitions, in11 cluding a 250-pound bomb that had never detonated,

12 which was uncovered on April 1, 2000;

13 (5) the bomb found by R.E. Goodson Construc14 tion Company was removed by an Army munitions

15 unit and the Army Corps of Engineers was notified;

16 (6) the Corps of Engineers inspected the site

17 and acknowledged its responsibility to clear the

18 tract, but informed R.E. Goodson Construction

19 Company that it would undertake the work through

20 a contractor, and that the contractor could not begin

21 work before July 6, 2000;

22 (7) R.E. Goodson Construction Company could

23 not find fill dirt in sufficient quantities elsewhere

24 and was compelled to begin excavating fill dirt in
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1 order to comply with its contract and avoid substan2 tial penalties;

3 (8) R.E. Goodson Construction Company en4 gaged USA Environmental, Inc., the same firm that

5 the Corps of Engineers intended to engage to clear

6 the tract, and on May 17, 2000, USA Environ7 mental, Inc. began work;

8 (9) during the clearance operations, USA Envi9 ronmental, Inc. found and disposed of the following

10 ordnance remains: eighty-eight AN-M54 thermate11 filled, 4-pound incendiary bombs, two M1A1 spotting

12 charges from 100-pound practice bombs, four 5-inch

13 high velocity aircraft rocket warheads, and over

14 4,300 pounds of scrap;

15 (10) for its services, which were completed on

16 June 10, 2000, USA Environmental, Inc. rendered

17 a statement to R.E. Goodson Construction Company

18 in the amount of $84,941.00;

19 (11) beginning in September, 2000, the Corps

20 of Engineers undertook the continued clearing of the

21 site, also under contract with USA Environmental,

22 Inc., and anticipates completion of the clearance by

23 May 1, 2002;

24 (12) R.E. Goodson Construction Company has

25 requested reimbursement from the Corps of Engi-
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1 neers, but has been informed that the Corps lacks

2 the authority to make such a reimbursement; and

3 (13) the Corps of Engineers acknowledges its li4 ability for clean-up of the site as a Formerly Used

5 Defense Site, and does not contest the amount

6 charged by USA Environmental, Inc. under its con7 tract with R.E. Goodson Construction Company.

8 SEC. 2. PAYMENT.

9 The Secretary of the Treasury shall pay, out of any

10 money not otherwise appropriated, to R.E. Goodson Con11 struction Company, Inc., a South Carolina corporation,

12 $84,941 for ordnance and explosive clearance performed

13 in 2000 for the Army Corps of Engineers at the former

14 Conway Bombing and Gunnery Range in Conway, South

15 Carolina.

16 SEC. 3. SATISFACTION OF CLAIM.

17 The payment under section 2 shall be in full satisfac18 tion of all claims of or on behalf of R.E. Goodson Con19 struction Company, Inc., against the United States or

20 against any other officer, employee, or agent of the United

21 States acting within the scope of employment or agency,

22 for payment for the services described in section 2.

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