On the recordNovember 3, 2015
Madam Chair, I rise today to offer an amendment that is critical to the safety of our traveling public. Over 2 million trips are taken every day across failing bridges in the United States. This is unacceptable. We need to make sure repairs are made in a timely and efficient manner so human lives can be protected. We can start by removing unnecessary and overly burdensome barriers to maintenance. Barn or cliff swallows, whichever you want to call them, nest under bridges, sometimes in the thousands. Their nesting period can last from April to August, which is prime construction season. These birds are not endangered, but they are protected under the Migratory Bird Treaty Act. Because of this law, the birds cannot be disturbed, and State Departments of Transportation must develop plans for dealing with the birds in every bridge maintenance, repair, rehab, or replacement project. Because these plans are so burdensome, contractors often delay their work until after the nesting period so they don't have to risk violating the Migratory Bird Treaty Act and face Federal prosecution. Delaying the work puts the safety of the traveling public at risk. My amendment allows the bridge work to be done, despite the presence of swallows, if the bridge has a condition rating of 3 or less until the issue is addressed by the Department of the Interior.…





