[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1800 Reported in Senate (RS)]
Calendar No. 513
113th CONGRESS
2d Session
S. 1800
[Report No. 113-226]
To require the Secretary of the Interior to submit to Congress a report
on the efforts of the Bureau of Reclamation to manage its
infrastructure assets.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 11, 2013
Mr. Barrasso (for himself and Mr. Schatz) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
July 31, 2014
Reported by Ms. Landrieu, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To require the Secretary of the Interior to submit to Congress a report
on the efforts of the Bureau of Reclamation to manage its
infrastructure assets.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Bureau of Reclamation
Transparency Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) the water resources infrastructure of the
Bureau of Reclamation provides important benefits related to
irrigated agriculture, hydropower, and recreation in the 17
Reclamation States;</DELETED>
<DELETED> (2) as of 2013, the combined replacement value of
the infrastructure assets of the Bureau of Reclamation was
$94,500,000,000;</DELETED>
<DELETED> (3) the majority of the water resources
infrastructure facilities of the Bureau of Reclamation are at
least 60 years old;</DELETED>
<DELETED> (4) the Bureau of Reclamation has previously
undertaken efforts to better manage the assets of the Bureau of
Reclamation, including an annual review of asset maintenance
activities of the Bureau of Reclamation known as the ``Asset
Management Plan''; and</DELETED>
<DELETED> (5) actionable information on infrastructure
conditions at the project level, including information on
maintenance needs and potential public safety threats at
individual projects due to aging infrastructure, is needed for
Congress to conduct oversight of Reclamation facilities and
meet the needs of the public.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Asset management report.--The term ``Asset
Management Report'' means--</DELETED>
<DELETED> (A) the annual plan prepared by the Bureau
of Reclamation known as the ``Asset Management Plan'';
and</DELETED>
<DELETED> (B) any publicly available information
relating to the plan described in subparagraph (A) that
summarizes the efforts of the Bureau of Reclamation to
evaluate and manage infrastructure assets of the Bureau
of Reclamation.</DELETED>
<DELETED> (2) Major repair and rehabilitation need.--The
term ``major repair and rehabilitation need'' means a
significant maintenance need at a Reclamation facility,
including maintenance related to the safety of dams,
extraordinary operations at and maintenance of dams, deferred
maintenance, and all other significant repairs and
extraordinary maintenance.</DELETED>
<DELETED> (3) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that are
owned by the Bureau of Reclamation at a Reclamation
project.</DELETED>
<DELETED> (4) Reclamation project.--The term ``Reclamation
project'' means a project that is owned by the Bureau of
Reclamation, including all reserved works and transferred works
owned by the Bureau of Reclamation.</DELETED>
<DELETED> (5) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED>SEC. 4. ASSET MANAGEMENT REPORT ENHANCEMENTS.</DELETED>
<DELETED> (a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a report
that--</DELETED>
<DELETED> (1) describes the efforts of the Bureau of
Reclamation--</DELETED>
<DELETED> (A) to manage all Reclamation facilities;
and</DELETED>
<DELETED> (B) to standardize and streamline data
reporting and processes across regions and areas for
the purpose of managing Reclamation facilities;
and</DELETED>
<DELETED> (2) expands on the information otherwise provided
in Asset Management Reports, in accordance with subsection
(b).</DELETED>
<DELETED> (b) Infrastructure Maintenance Needs Assessment.--
</DELETED>
<DELETED> (1) In general.--The report submitted under
subsection (a) shall include--</DELETED>
<DELETED> (A) a detailed assessment of major repair
and rehabilitation needs at all Reclamation projects;
and</DELETED>
<DELETED> (B) to the extent practicable, an itemized
list of major repair and rehabilitation needs of
individual Reclamation facilities at each Reclamation
project.</DELETED>
<DELETED> (2) Inclusions.--To the extent practicable, the
itemized list of major repair and rehabilitation needs under
paragraph (1)(B) shall include--</DELETED>
<DELETED> (A) a cost estimate of the expenditures
needed to complete each item; and</DELETED>
<DELETED> (B) an assignment of a categorical rating
of 1, 2, 3, 4, or 5 for each item, consistent with
paragraph (3).</DELETED>
<DELETED> (3) Rating requirements.--</DELETED>
<DELETED> (A) In general.--The system for assigning
ratings under paragraph (2)(B) shall be--</DELETED>
<DELETED> (i) consistent with existing
uniform categorization systems for the safety
of dams projects; and</DELETED>
<DELETED> (ii) subject to any regulations
issued under subparagraph (B).</DELETED>
<DELETED> (B) Regulations.--As soon as practicable
after the date of enactment of this Act, the Secretary
shall issue regulations that describe the applicability
of the rating system applicable under paragraph (2)(B)
to Reclamation facilities.</DELETED>
<DELETED> (4) Public availability.--Except as provided in
paragraph (5), the Secretary shall make publically available,
including on the Internet, the report required under subsection
(a).</DELETED>
<DELETED> (5) Confidentiality.--Subject to the discretion of
the Secretary, the Secretary may exclude from the public
version of the report made available under paragraph (4) any
information that the Secretary identifies as sensitive or
classified, but shall make available to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a version of
the report containing the sensitive or classified
information.</DELETED>
<DELETED> (c) Updates.--Not later than 2 years after the date on
which the report is submitted under subsection (a) and biennially
thereafter, the Secretary shall update the report, subject to the
requirements of subsection (b).</DELETED>
<DELETED> (d) Consultation.--The Secretary shall consult with the
Secretary of the Army (acting through the Chief of Engineers) to the
extent that the consultation would assist the Secretary in preparing
the report under subsection (a) and updates to the report under
subsection (c).</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Reclamation Transparency
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the water resources infrastructure of the Bureau of
Reclamation provides important benefits related to irrigated
agriculture, municipal and industrial water, hydropower, flood
control, fish and wildlife, and recreation in the 17
Reclamation States;
(2) as of 2013, the combined replacement value of the
infrastructure assets of the Bureau of Reclamation was
$94,500,000,000;
(3) the majority of the water resources infrastructure
facilities of the Bureau of Reclamation are at least 60 years
old;
(4) the Bureau of Reclamation has previously undertaken
efforts to better manage the assets of the Bureau of
Reclamation, including an annual review of asset maintenance
activities of the Bureau of Reclamation known as the ``Asset
Management Plan''; and
(5) actionable information on infrastructure conditions at
the asset level, including information on maintenance needs at
individual assets due to aging infrastructure, is needed for
Congress to conduct oversight of Reclamation facilities and
meet the needs of the public.
SEC. 3. DEFINITIONS.
In this Act:
(1) Asset.--
(A) In general.--The term ``asset'' means any of
the following assets that are used to achieve the
mission of the Bureau of Reclamation to manage,
develop, and protect water and related resources in an
environmentally and economically sound manner in the
interest of the people of the United States:
(i) Capitalized facilities, buildings,
structures, project features, power production
equipment, recreation facilities, or quarters.
(ii) Capitalized and noncapitalized heavy
equipment and other installed equipment.
(B) Inclusions.--The term ``asset'' includes assets
described in subparagraph (A) that are considered to be
mission critical.
(2) Asset management report.--The term ``Asset Management
Report'' means--
(A) the annual plan prepared by the Bureau of
Reclamation known as the ``Asset Management Plan''; and
(B) any publicly available information relating to
the plan described in subparagraph (A) that summarizes
the efforts of the Bureau of Reclamation to evaluate
and manage infrastructure assets of the Bureau of
Reclamation.
(3) Major repair and rehabilitation need.--The term ``major
repair and rehabilitation need'' means major nonrecurring
maintenance at a Reclamation facility, including maintenance
related to the safety of dams, extraordinary maintenance of
dams, deferred major maintenance activities, and all other
significant repairs and extraordinary maintenance.
(4) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that are
owned by the Bureau of Reclamation at a Reclamation project.
(5) Reclamation project.--The term ``Reclamation project''
means a project that is owned by the Bureau of Reclamation,
including all reserved works and transferred works owned by the
Bureau of Reclamation.
(6) Reserved works.--The term ``reserved works'' means
buildings, structures, facilities, or equipment that are owned
by the Bureau of Reclamation for which operations and
maintenance are performed by employees of the Bureau of
Reclamation or through a contract entered into by the Bureau of
Reclamation, regardless of the source of funding for the
operations and maintenance.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Transferred works.--The term ``transferred works''
means a Reclamation facility at which operations and
maintenance of the facility is carried out by a non-Federal
entity under the provisions of a formal operations and
maintenance transfer contract or other legal agreement with the
Bureau of Reclamation.
SEC. 4. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to Congress an Asset Management
Report that--
(1) describes the efforts of the Bureau of Reclamation--
(A) to maintain in a reliable manner all reserved
works at Reclamation facilities; and
(B) to standardize and streamline data reporting
and processes across regions and areas for the purpose
of maintaining reserved works at Reclamation
facilities; and
(2) expands on the information otherwise provided in an
Asset Management Report, in accordance with subsection (b).
(b) Infrastructure Maintenance Needs Assessment.--
(1) In general.--The Asset Management Report submitted
under subsection (a) shall include--
(A) a detailed assessment of major repair and
rehabilitation needs for all reserved works at all
Reclamation projects; and
(B) to the extent practicable, an itemized list of
major repair and rehabilitation needs of individual
Reclamation facilities at each Reclamation project.
(2) Inclusions.--To the extent practicable, the itemized
list of major repair and rehabilitation needs under paragraph
(1)(B) shall include--
(A) a budget level cost estimate of the
appropriations needed to complete each item; and
(B) an assignment of a categorical rating for each
item, consistent with paragraph (3).
(3) Rating requirements.--
(A) In general.--The system for assigning ratings
under paragraph (2)(B) shall be--
(i) consistent with existing uniform
categorization systems to inform the annual
budget process and agency requirements; and
(ii) subject to the guidance and
instructions issued under subparagraph (B).
(B) Guidance.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
issue guidance that describes the applicability of the
rating system applicable under paragraph (2)(B) to
Reclamation facilities.
(4) Public availability.--Except as provided in paragraph
(5), the Secretary shall make publically available, including
on the Internet, the Asset Management Report required under
subsection (a).
(5) Confidentiality.--Subject to the discretion of the
Secretary, the Secretary may exclude from the public version of
the Asset Management Report made available under paragraph (4)
any information that the Secretary identifies as sensitive or
classified, but shall make available to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a version of
the report containing the sensitive or classified information.
(c) Updates.--Not later than 2 years after the date on which the
Asset Management Report is submitted under subsection (a) and
biennially thereafter, the Secretary shall update the Asset Management
Report, subject to the requirements of section 5(b)(2).
(d) Consultation.--The Secretary shall consult with the Secretary
of the Army (acting through the Chief of Engineers) to the extent that
the consultation would assist the Secretary in preparing the Asset
Management Report under subsection (a) and updates to the Asset
Management Report under subsection (c).
SEC. 5. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS.
(a) In General.--The Secretary shall coordinate with the non-
Federal entities responsible for the operation and maintenance of
transferred works in developing reporting requirements for Asset
Management Reports with respect to the condition of, and planned
maintenance for, transferred works that are similar to the reporting
requirements described in section 4(b)
(b) Guidance.--
(1) In general.--After considering input from water and
power contractors of the Bureau of Reclamation, the Secretary
shall develop and implement a rating system for transferred
works that incorporates, to the maximum extent practicable, the
rating system for reserved works developed under section
4(b)(3).
(2) Updates.--The ratings system developed under paragraph
(1) shall be included in the updated Asset Management Reports
under section 4(c).
Calendar No. 513
113th CONGRESS
2d Session
S. 1800
[Report No. 113-226]
_______________________________________________________________________
A BILL
To require the Secretary of the Interior to submit to Congress a report
on the efforts of the Bureau of Reclamation to manage its
infrastructure assets.
_______________________________________________________________________
July 31, 2014
Reported with an amendment