113 S1800 IS: Bureau of Reclamation Transparency Act U.S. Senate 2013-12-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II113th CONGRESS1st SessionS. 1800IN THE SENATE OF THE UNITED STATESDecember 11, 2013Mr. Barrasso (for himself and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo 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.

1.

Short title

This Act may be cited as the Bureau of Reclamation Transparency Act.

2.

Findings

Congress finds that—(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;(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 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.

3.

Definitions

In this Act:(1)

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.(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.(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.(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.(5)

Secretary

The term Secretary means the Secretary of the Interior.

4.

Asset management report enhancements

(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—(1)describes the efforts of the Bureau of Reclamation—(A)to manage all Reclamation facilities; and(B)to standardize and streamline data reporting and processes across regions and areas for the purpose of managing Reclamation facilities; and(2)expands on the information otherwise provided in Asset Management Reports, in accordance with subsection (b).(b)

Infrastructure Maintenance Needs Assessment

(1)

In general

The report submitted under subsection (a) shall include—(A)a detailed assessment of major repair and rehabilitation needs 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 cost estimate of the expenditures needed to complete each item; and(B)an assignment of a categorical rating of 1, 2, 3, 4, or 5 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 for the safety of dams projects; and(ii)subject to any regulations issued under subparagraph (B).(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.(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).(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.(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).(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).