“Emergency evacuations aren’t supposed to be part of the judicial process,” said Rehberg, a member of the House Appropriations Committee.  “Unhealthy levels of asbestos in the Battin building represent a serious risk to the federal employees and Montana residents who use it.  The General Services Administration has presented a cost-effective solution to moving the courthouse and it’s time Congress take immediate action to move the plan forward.”

In June 2006, the chief judge of the District of Montana and the Ninth Circuit Judicial Council requested that the facility in Billings be designated as a “judicial space emergency” due to the facility experiencing unsafe levels of asbestos.  The high level of asbestos has already resulted in emergency evacuations on at least two occasions in 2005 and 2006 and has prevented all but the most essential maintenance and repair work from moving forward.

In response, the General Services Administration (GSA) has recommended the current building be destroyed and that a new courthouse space be leased, an approach that would save nearly $24 million when compared to the cost of renovating the current building.  Unfortunately, concerns over GSA’s ability to lease a new space long-term have prevented Congress from approving any funds to move the project forward.

“While the Subcommittee drags its feet, the people of Montana are running out of time,” said Rehberg.  “It’s time to cut through the red tape and get something done.”

Letter:

April 30, 2008

The Honorable Eleanor Holmes Norton, Chairwoman

The Honorable Sam Graves, Ranking Member

Subcommittee on Economic Development, Public Buildings, and Emergency Management

Committee on Transportation and Infrastructure

U.S. House of Representatives

2165 Rayburn House Office Building

Washington, DC 20515

Dear Chairwoman Norton and Ranking Member Graves:

I am writing to request the Committee’s approval of the Courthouse Lease Prospectus for the Federal District Nine Courthouse in Billings, Montana.

This project requires prompt attention as a result of serious safety concerns.  As you may know, the Battin Building which currently serves as the courthouse location has become extremely deficient in its ability to serve its function.  In June, 2006, the chief judge of the District of Montana and the Ninth Circuit Judicial Council requested that the facility in Billings be designated as a judicial space emergency due to unsafe levels of asbestos within the building.  Specifically, the building contains friable asbestos above the ceiling – an area that also serves as the return air plenum for the building.  This condition has resulted in multiple emergency evacuations over the last couple of years and has prevented all but the most essential maintenance and repair work from moving forward.

In response to these concerns, General Services Administration has recommended the ultimate disposal of the current building replacing it with the acquisition of a new courthouse on a leased basis.  Over a 30-year period, it is estimated that this approach would save approximately $24 million – when compared to a previously considered “three tiered strategy” which would involve temporary relocation, renovation of the old building and return to the renovated building.

I look forward to working with you to find a rapid solution to the problems facing the courthouse in Billings, Montana.

Sincerely,

Denny Rehberg

Member of Congress