[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1662 Reported in Senate (RS)]






                                                       Calendar No. 675
110th CONGRESS
  2d Session
                                H. R. 1662

                          [Report No. 110-323]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 5, 2007

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                             April 10, 2008

              Reported by Mr. Bingaman, without amendment

_______________________________________________________________________

                                 AN ACT


 
      To authorize the Secretary of the Interior to seek limited 
  reimbursement for site security activities, 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. SHORT TITLE.

    This Act may be cited as the ``Bureau of Reclamation Site Security 
Costs Act of 2007''.

SEC. 2. TREATMENT OF CAPITAL COSTS.

    Costs incurred by the Secretary of the Interior for the physical 
fortification of Bureau of Reclamation facilities to satisfy increased 
post-September 11, 2001, security needs, including the construction, 
modification, upgrade, or replacement of such facility fortifications, 
shall be nonreimbursable.

SEC. 3. TREATMENT OF SECURITY-RELATED OPERATION AND MAINTENANCE COSTS.

    (a) Reimbursable Costs.--The Secretary of the Interior shall 
include no more than $18,900,000 per fiscal year, indexed each fiscal 
year after fiscal year 2008 according to the preceding year's Consumer 
Price Index, of those costs incurred for increased levels of guards and 
patrols, training, patrols by local and tribal law enforcement 
entities, operation, maintenance, and replacement of guard and response 
force equipment, and operation and maintenance of facility 
fortifications at Bureau of Reclamation facilities after the events of 
September 11, 2001, as reimbursable operation and maintenance costs 
under Reclamation law.
    (b) Costs Collected Through Water Rates.--In the case of the 
Central Valley Project of California, site security costs allocated to 
irrigation and municipal and industrial water service in accordance 
with this Act shall be collected by the Secretary exclusively through 
inclusion of these costs in the operation and maintenance water rates.

SEC. 4. TRANSPARENCY AND REPORT TO CONGRESS.

    (a) Policies and Procedures.--The Secretary is authorized to 
develop policies and procedures with project beneficiaries, consistent 
with the requirements of subsections (b) and (c), to provide for the 
payment of the reimbursable costs described in section 3.
    (b) Notice.--On identifying a Bureau of Reclamation facility for a 
site security measure, the Secretary shall provide to the project 
beneficiaries written notice--
            (1) describing the need for the site security measure and 
        the process for identifying and implementing the site security 
        measure; and
            (2) summarizing the administrative and legal requirements 
        relating to the site security measure.
    (c) Consultation.--The Secretary shall--
            (1) provide project beneficiaries an opportunity to consult 
        with the Bureau of Reclamation on the planning, design, and 
        construction of the site security measure; and
            (2) in consultation with project beneficiaries, develop and 
        provide timeframes for the consultation described in paragraph 
        (1).
    (d) Response; Notice.--Before incurring costs pursuant to 
activities described in section 3, the Secretary shall consider cost 
containment measures recommended by a project beneficiary that has 
elected to consult with the Bureau of Reclamation on such activities. 
The Secretary shall provide to the project beneficiary--
            (1) a timely written response describing proposed actions, 
        if any, to address the recommendation; and
            (2) notice regarding the costs and status of such 
        activities on a periodic basis.
    (e) Report.--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 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 site security activities.

SEC. 5. PRE-SEPTEMBER 11, 2001 SECURITY COST LEVELS.

    Reclamation project security costs at the levels of activity that 
existed prior to September 11, 2001, shall remain reimbursable.
                                                       Calendar No. 675

110th CONGRESS

  2d Session

                               H. R. 1662

                          [Report No. 110-323]

_______________________________________________________________________

                                 AN ACT

      To authorize the Secretary of the Interior to seek limited 
  reimbursement for site security activities, and for other purposes.

_______________________________________________________________________

                             April 10, 2008

                       Reported without amendment