S. 4079

A bill to amend the Reclamation Safety of Dams Act of 1978 to authorize improvements for the security of dams and other facilities, and for other purposes.

Latest

II

109th CONGRESS

2d Session

S. 4079

IN THE SENATE OF THE UNITED STATES

December 5, 2006

Mr. Hatch (for himself, Mr. Allard, Ms. Cantwell, and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To amend the Reclamation Safety of Dams Act of 1978 to authorize improvements for the security of dams and other facilities, and for other purposes.

1.

Additional authorization for improvements to site security

The Reclamation Safety of Dams Act of 1978 is amended—

(1)

in section 2 (43 U.S.C. 506), by inserting “and site security” after “structural safety”;

(2)

in section 3 (43 U.S.C. 507), by inserting “and site security” after “dam safety”; and

(3)

in section 4 (43 U.S.C. 508)—

(A)

in subsection (c)—

(i)

in the matter preceding paragraph (1), by inserting after safety purposes the following: “and all costs incurred for building and site security activities (including facility fortifications, operation, maintenance and replacement of the fortifications, and guards and patrols, as identified in the Bureau of Reclamation’s Report to Congress dated February 2006)”;

(ii)

by inserting after paragraph (2) the following:

(3)

In the case of the Central Valley Project of California—

(A)

the Secretary shall collect dam safety and site security costs allocated to irrigation and municipal and industrial water service exclusively through inclusion of the costs in the operation and maintenance rates, capital water rates, or a combination of operation and maintenance rates and capital water rates; and

(B)

dam safety and site security costs allocated to irrigation and municipal and industrial water service shall not be segregated from other project operation, maintenance, or capital costs for separate allocation or repayment.

; and

(iii)

by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

(B)

in subsection (e)—

(i)

in paragraph (1), by inserting “or site security measure” after “modification”; and

(ii)

in paragraph (2), by inserting “or site security measure” after “modification”.

2.

Reports

The Reclamation Safety of Dams Act of 1978 is amended—

(1)

in section 5 (43 U.S.C. 509)—

(A)

in the first sentence—

(i)

by striking There are hereby and inserting the following:

(a)

In general

There are

; and

(ii)

by striking Act: and inserting Act.;

(B)

in the proviso—

(i)

by striking Provided, That no funds and inserting the following:

(b)

Limitation

(1)

In general

No funds

;

(ii)

by inserting after under authority of this Act the following: , the cause of which results from new hydrologic or seismic data or changes in the state-of-the-art criteria determined to be necessary for site security or structural safety purposes,; and

(iii)

by striking The report required to be submitted by this section and inserting the following:

(2)

Report

The report required under paragraph (1)

; and

(C)

by adding at the end the following:

(c)

Annual report

(1)

In general

The Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee Energy and Natural Resources of the Senate an annual report on building and site security measures carried out under this Act during the applicable fiscal year.

(2)

Components

The report required under paragraph (1) shall include—

(A)

a summary of Federal and non-Federal expenditures for the fiscal year; and

(B)

information relating to a 5-year plan for building and site security measures carried out under this Act, which shall provide pre- and post-September 11, 2001, costs for the building and site security measures.

; and

(2)

in section 5A (43 U.S.C. 509a)—

(A)

in subsection (c)—

(i)

in paragraph (1), by striking under section 5 and inserting under section 5(b); and

(ii)

in paragraph (3)—

(I)

by striking The response and inserting If a modification is the result of new hydrologic or seismic data or changes in the state-of-the-art criteria determined to be necessary for structural safety purposes, the response; and

(II)

by striking by section 5 and inserting under section 5(b);

(B)

in subsection (d), by inserting site before security; and

(C)

by inserting “or site security measure” after “modification” each place it appears.