[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4079 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 4079

   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.


_______________________________________________________________________


                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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''.

SEC. 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.
                                 <all>