II
110th CONGRESS
1st Session
S. 1258
IN THE SENATE OF THE UNITED STATES
May 1, 2007
Ms. Cantwell (for herself, Mr. Hatch, Mr. Wyden, Mr. Allard, and Mr. Smith) 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.
Authorization for site security program
The Reclamation Safety of Dams Act of 1978 is amended as follows:
In section 2, by inserting and site
security
after structural safety
and before of
Bureau of Reclamation dams
.
In section 3, by inserting and site
security
after dam safety
and before and not
for
.
In section 4(c)—
by inserting in and all costs
incurred for post-September 11, 2001 building and site security activities
(including facility fortifications and modification and replacement of such
fortifications, which shall be treated as capital costs for reimbursement
purposes; and operation and maintenance (O&M) costs, including costs of
guards and patrols, as identified in the Bureau of Reclamation’s Report to
Congress dated February 2006,)
after for safety purposes
and before shall be reimbursed to the extent
;
by inserting after provided in this
subsection.
the following: Nothing in this Act shall affect or
alter the treatment of costs for the continuation of pre-September 11, 2001
building and site security activities.
;
by inserting after paragraph (2) the following:
In the case of the Central Valley Project of California, safety of dams and site security costs allocated to irrigation and municipal and industrial water service shall be collected by the Secretary exclusively through inclusion of these costs in the operation and maintenance water rates, capital water rates, or both.
;
by renumbering paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
in paragraph (5) (as redesignated by subparagraph (D) above)—
by striking Costs
and
inserting the following:
Modification costs
; and
by inserting after of the rates so
determined.
the following:
Reimbursable operation and maintenance costs, including costs of guards and patrols, shall be repaid annually, in accordance with the provisions of paragraph (1).
In section 4, by redesignating subsection (e) as subsection (f).
In section 4, by inserting after subsection (d) the following:
The Secretary is authorized to develop policies and procedures that are consistent with the requirements of subsection (f) and section 5A in order to provide for agreements with project beneficiaries for the return or reimbursable costs of site security activities.
.
In subsection 4(f) (as so redesignated by paragraph 4 above)—
in paragraph (1), by inserting or
site security measure,
after of the modification
and
before the Secretary
; and
in paragraph (2), by inserting or
site security measure.
after of the modification
.
Reports to congress
Section 5 of the Reclamation Safety of Dams Act of 1978 is amended—
by inserting (a)(1)
at the
beginning of the first sentence;
by inserting for the modification of
structures which result from new hydrologic or seismic data or changes in the
state-of-the-art criteria deemed necessary for safety purposes
after
and ensuing fiscal years
and before such sums as may be
necessary,
;
by adding after paragraph (a)(1) the following:
Effective on the date of the enactment of this paragraph, there are hereby authorized for post-September 11, 2001, building and site security activities described in section 4(c) such sums as may be necessary, to remain available until expended.
;
by inserting (b)
before
Provided, that no funds
;
in subsection (b), by inserting the
cause of which results from new hydrologic or seismic data or changes in the
state-of-the-art criteria deemed necessary for safety purposes,
after
an existing dam under this Act,
and before prior to 30
calendar days.
; and
by adding after subsection (b) the following:
The Secretary shall report annually to the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate on building and site security actions and activities undertaken pursuant to this Act for each fiscal year. The report shall include a summary of Federal and non-Federal expenditures for the fiscal year and information relating to a 5-year planning horizon for the program, detailed to show pre-September 11, 2001, and post-September 11, 2001 costs for the building and site security activities.
.
Other reporting requirements
Section 5A(c)(3) of the Reclamation Safety of Dams Act of 1978 is amended to read as follows:
When a modification is the result of new hydrologic or seismic data or changes in the state-of-the-art criteria deemed necessary for safety purposes, the response of the Secretary shall be included in the reports required by section 5(b).
.