[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2842 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2842

     To require the Secretary of the Interior to carry out annual 
 inspections of canals, levees, tunnels, dikes, pumping plants, dams, 
 and reservoirs under the jurisdiction of the Secretary, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 10, 2008

   Mr. Reid (for himself, Mr. Bingaman, Mr. Salazar, and Mr. Tester) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
     To require the Secretary of the Interior to carry out annual 
 inspections of canals, levees, tunnels, dikes, pumping plants, dams, 
 and reservoirs under the jurisdiction of the Secretary, 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 ``Aging Water Infrastructure and 
Maintenance Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Inspection.--The term ``inspection'' means an 
        inspection of a project facility carried out by the Secretary--
                    (A) to assess and determine the general condition 
                of the project facility; and
                    (B) to estimate the value of property, and the size 
                of the population, that would be at risk if the project 
                facility fails, is breached, or otherwise allows 
                flooding to occur.
            (2) Project facility.--The term ``project facility'' means 
        any part or incidental feature of a reclamation or irrigation 
        project (including any canal, levee, tunnel, dike, pumping 
        plant, dam, or reservoir) that is--
                    (A) under the jurisdiction of the Secretary 
                (including any facility owned by the Department of the 
                Interior); and
                    (B) not covered by the Reclamation Safety of Dams 
                Act of 1978 (43 U.S.C. 506 et seq.).
            (3) Reserved project facility.--The term ``reserved project 
        facility'' means any project facility at which the Secretary 
        carries out the operation and maintenance of the project 
        facility.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (5) Transferred project facility.--The term ``transferred 
        project facility'' means a project facility the operation and 
        maintenance of which is carried out by a non-Federal entity.

SEC. 3. INSPECTION OF PROJECT FACILITIES.

    (a) Inspections.--
            (1) Initial inspection period.--
                    (A) In general.--In accordance with subparagraph 
                (B), not later than 1 year after the date of enactment 
                of this Act, the Secretary shall conduct an inspection 
                of not less than 75 percent of all project facilities.
                    (B) Selection of project facilities.--In selecting 
                project facilities to inspect during the initial 
                inspection period under subparagraph (A), the Secretary 
                shall take into account the risk posed by each project 
                facility to public health or safety, or property.
            (2) Final inspection period.--Not later than 2 years after 
        the date of enactment of this Act, the Secretary shall conduct 
        an inspection of each project facility not inspected by the 
        Secretary during the initial inspection period under paragraph 
        (1)(A).
            (3) Reimbursement relating to inspections of transferred 
        project facilities.--Notwithstanding any applicable law 
        (including regulations), with respect to an inspection of a 
        transferred project facility carried out under this subsection, 
        the Secretary may not request from the non-Federal entity that 
        carries out the operation and maintenance of the transferred 
        project facility reimbursement for costs arising from the 
        inspection.
            (4) Periodic review of inspections.--Not later than 3 years 
        after the date described in paragraph (2) and every 3 years 
        thereafter, the Secretary shall carry out a review of each 
        inspection carried out under paragraphs (1) and (2).
    (b) Use of Inspection Data.--The Secretary shall use the data 
collected by the Secretary through the conduct of the inspections under 
paragraphs (1) and (2) of subsection (a)--
            (1) to develop for each reserved project facility a 
        detailed schedule for the conduct of regular maintenance;
            (2) to develop for, and provide to, each non-Federal entity 
        that carries out the operation and maintenance of a transferred 
        project facility--
                    (A) a detailed schedule for the conduct of regular 
                maintenance; and
                    (B) a document that contains guidance describing 
                the manner by which to comply with the schedule 
                described in subparagraph (A); and
            (3) to create a national priorities list that contains a 
        description of each project facility that requires the most 
        urgent maintenance with respect to the infrastructure of the 
        project facility.
    (c) National Priorities List.--
            (1) Annual review.--Not later than 1 year after the date on 
        which the Secretary develops the national priorities list under 
        subsection (b)(3) and annually thereafter, the Secretary shall 
        carry out a review of each project facility to update the list 
        for the year covered by the review.
            (2) Publication.--The national priorities list shall be 
        published by the Secretary in the budget justification of the 
        Department of the Interior for the year covered by the national 
        priorities list.
    (d) State Participation.--In conducting an inspection of a project 
facility under subsection (a), the Secretary shall--
            (1) notify the appropriate State agency of the State in 
        which the project facility is located of the inspection;
            (2) allow the State agency described in paragraph (1) to 
        participate in the inspection of the project facility; and
            (3) provide to the State agency described in paragraph (1) 
        a report that describes the results of the inspection of the 
        project facility.

SEC. 4. FEDERAL STANDARDS AND GUIDELINES FOR PROJECT FACILITIES.

    (a) Promulgation of Standards.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, in accordance with paragraph (2), the 
        Secretary shall promulgate final regulations to establish 
        standards for the condition and maintenance of project 
        facilities.
            (2) Contents.--The regulations promulgated by the Secretary 
        under paragraph (1) shall contain a detailed description of 
        each condition with which a project facility shall comply to be 
        eligible to be considered by the Secretary--
                    (A) to function properly and in accordance with the 
                objectives of the project facility; and
                    (B) to operate in a manner to ensure, to the 
                maximum extent practicable--
                            (i) the safety of populations located in 
                        close proximity to the project facility; and
                            (ii) the preservation of property located 
                        in close proximity to the project facility.
    (b) Promulgation of Guidelines.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, in accordance with paragraph (2), the 
        Secretary shall promulgate final regulations to establish 
        guidelines--
                    (A) to implement this Act; and
                    (B) to ensure compliance with the regulations 
                promulgated by the Secretary under subsection (a).
            (2) Contents.--The regulations promulgated by the Secretary 
        under paragraph (1) shall reflect an agency-wide policy with 
        respect to the type, and proportion of, activities relating to 
        the operation and maintenance of a project facility that may be 
        appropriately carried out by a non-Federal entity, taking into 
        account--
                    (A) any economic benefit that may result from the 
                carrying out of the activities by a non-Federal entity; 
                and
                    (B) the capabilities of the non-Federal entity to 
                carry out the activities.

SEC. 5. MODIFICATION OF PROJECT FACILITIES.

    (a) In General.--The Secretary shall carry out or, in accordance 
with subsection (b), provide to a non-Federal entity financial support 
to carry out, any modification to a project facility that the Secretary 
determines to be reasonably required to preserve the structural safety 
of the project facility.
    (b) Reimbursement of Costs Arising From the Repair of Structurally 
Deficient Transferred Project Facilities.--
            (1) Compliant transferred project facilities.--
                    (A) In general.--Subject to subparagraph (B), to 
                reimburse a non-Federal entity for costs arising from 
                the carrying out of repair activities to improve the 
                safety of a transferred project facility, the Secretary 
                may provide to the non-Federal entity an amount equal 
                to 65 percent of the costs incurred by the non-Federal 
                entity to carry out the repair activities.
                    (B) Determination of secretary.--The Secretary 
                shall reimburse the non-Federal entity described in 
                subparagraph (A) if the Secretary determines that--
                            (i) the transferred project facility of the 
                        non-Federal entity is structurally deficient; 
                        and
                            (ii) the structural deficiency is not a 
                        result of noncompliance with any regulation 
                        promulgated by the Secretary under section 4.
            (2) Noncompliant transferred project facilities.--
                    (A) In general.--The Secretary may carry out any 
                repair activity that the Secretary determines to be 
                necessary to minimize the risk of imminent harm to 
                public health or safety, or property--
                            (i) if the Secretary determines that--
                                    (I) the transferred project 
                                facility is structurally deficient; and
                                    (II) the structural deficiency is a 
                                result of noncompliance with any 
                                regulation promulgated by the Secretary 
                                under section 4; and
                            (ii) after the date on which the Secretary 
                        consults with the non-Federal entity that 
                        carries out the operation and maintenance of 
                        the transferred project facility.
                    (B) Reimbursement.--In accordance with any 
                applicable law (including regulations) or agreement, 
                the Secretary may seek reimbursement from the non-
                Federal entity that carries out the operation and 
                maintenance of the transferred project facility 
                described in subparagraph (A) for costs arising from 
                each repair activity carried out by the Secretary under 
                that subparagraph.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Inspection of Project Facilities.--There are authorized to be 
appropriated to the Secretary to carry out section 3--
            (1) $5,000,000 for fiscal year 2009; and
            (2) $1,500,000 for each of fiscal years 2010 through 2013.
    (b) Modification of Project Facilities.--There are authorized to be 
appropriated such sums as are necessary to carry out section 5.
                                 <all>