1.This Act may be cited as the
Aging Water Infrastructure and
Maintenance Act
.
2.In this Act:
(1)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)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
facilityThe term reserved project facility means
any project facility at which the Secretary carries out the operation and
maintenance of the project facility.
(4)The
term Secretary means the Secretary of the Interior, acting through
the Commissioner of Reclamation.
(5)Transferred
project facilityThe term transferred project
facility means a project facility the operation and maintenance of which
is carried out by a non-Federal entity.
3.Inspection of
project facilities
(a)
(1)Initial
inspection period
(A)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 facilitiesIn 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)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
facilitiesNotwithstanding 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 inspectionsNot 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)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)
(1)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)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)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.
4.Federal standards
and guidelines for project facilities
(a)Promulgation of
standards
(1)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)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)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)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.
5.Modification of
project facilities
(a)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)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
SecretaryThe 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)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)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.
6.Authorization of
appropriations
(a)Inspection of
project facilitiesThere 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 facilitiesThere are authorized to be appropriated such
sums as are necessary to carry out section 5.
1.This Act may be cited as the
Aging Water Infrastructure and
Maintenance Act
.
2.In this Act:
(1)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)The term project facility means any part or
incidental feature of a project, excluding high- and significant-hazard dams,
constructed under the Federal reclamation law (the Act of June 17, 1902 (32
Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act
(43 U.S.C. 371 et seq.).
(3)The term reserved works mean any project
facility at which the Secretary carries out the operation and maintenance of
the project facility.
(4)The
term Secretary means the Secretary of the Interior, acting through
the Commissioner of Reclamation.
(5)The term transferred works means a project
facility, the operation and maintenance of which is carried out by a
non-Federal entity, under the provisions of a formal operation and maintenance
transfer contract.
(6)Transferred works
operating entityThe term transferred works operating
entity means the organization which is contractually responsible for
operation and maintenance of transferred works.
(7)Extraordinary operation
and maintenance workThe term extraordinary operation and
maintenance work means major, nonrecurring maintenance to
Reclamation-owned or operated facilities, or facility components, that
is—
(A)intended to ensure the
continued safe, dependable, and reliable delivery of authorized project
benefits; and
(B)greater than 10 percent
of the contractor’s or the transferred works operating entity’s annual
operation and maintenance budget for the facility, or greater than
$100,000.
3.Guidelines and
inspection of project facilities and technical assistance to transferred works
operating entities
(a)Guidelines and
inspections
(1)Development of
guidelinesNot later than 1 year after the date of enactment of
this Act, the Secretary in consultation with transferred works operating
entities shall develop, consistent with existing transfer contracts, specific
inspection guidelines for project facilities which are in proximity to
urbanized areas and which could pose a risk to public safety or property damage
if such project facilities were to fail.
(2)Not later than 3 years after the date of enactment of
this Act, the Secretary shall conduct inspections of those project facilities,
which are in proximity to urbanized areas and which could pose a risk to public
safety or property damage if such facilities were to fail, using such specific
inspection guidelines and criteria developed pursuant to paragraph (1). In
selecting project facilities to inspect, the Secretary shall take into account
the potential magnitude of public safety and economic damage posed by each
project facility.
(3)The costs incurred by the Secretary in conducting these
inspections shall be nonreimbursable.
(b)The Secretary shall use the data collected through the
conduct of the inspections under subsection (a)(2) to—
(1)provide recommendations
to the transferred works operating entities for improvement of operation and
maintenance processes, operating procedures including operation guidelines
consistent with existing transfer contracts, and structural modifications to
those transferred works;
(2)determine an appropriate
inspection frequency for such nondam project facilities which shall not exceed
6 years; and
(3)provide, upon request of
transferred work operating entities, local governments, or State agencies,
information regarding potential hazards posed by existing or proposed
residential, commercial, industrial or public-use development adjacent to
project facilities.
(c)Technical assistance to
transferred works operating entities
(1)Authority of Secretary
to provide technical assistanceThe Secretary is authorized, at
the request of a transferred works operating entity in proximity to an
urbanized area, to provide technical assistance to accomplish the following, if
consistent with existing transfer contracts:
(A)Development of documented
operating procedures for a project facility.
(B)Development of documented
emergency notification and response procedures for a project facility.
(C)Development of facility
inspection criteria for a project facility.
(D)Development of a training
program on operation and maintenance requirements and practices for a project
facility for a transferred works operating entity’s workforce.
(E)Development of a public
outreach plan on the operation and risks associated with a project
facility.
(F)Development of any other
plans or documentation which, in the judgment of the Secretary, will contribute
to public safety and the sage operation of a project facility.
(2)The
Secretary is authorized to provide, on a non-reimbursable basis, up to 50
percent of the cost of such technical assistance, with the balance of such
costs being advanced by the transferred works operating entity or other
non-Federal source. The non-Federal 50 percent minimum cost share for such
technical assistance may be in the form of in-lieu contributions of resources
by the transferred works operating entity or other non-Federal source.
4.Extraordinary operation
and maintenance work performed by the Secretary
(a)The Secretary or the transferred works operating entity
may carry out, in accordance with subsection (b) and consistent with existing
transfer contracts, any extraordinary operation and maintenance work on 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 extraordinary operation and maintenance work
(1)For reserved works, costs incurred by the Secretary in
conducting extraordinary operation and maintenance work will be allocated to
the authorized reimbursable purposes of the project and shall be repaid within
50 years, with interest, from the year in which work undertaken pursuant to
this Act is substantially complete.
(2)For transferred works, the Secretary is authorized to
advance the costs incurred by the transferred works operating entity in
conducting extraordinary operation and maintenance work and negotiate
appropriate 50-year repayment contracts with project beneficiaries providing
for the return of reimbursable costs, with interest, under this subsection:
Provided, however, That no contract entered into pursuant to this Act shall be
deemed to be a new or amended contract for the purposes of section 203(a) of
the Reclamation Reform Act of 1982 (43 U.S.C. 390cc(a)).
(3)Determination of
interest rateThe interest rate used for computing interest on
work in progress and interest on the unpaid balance of the reimbursable costs
of extraordinary operation and maintenance work authorized by this Act shall be
determined by the Secretary of the Treasury, as of the beginning of the fiscal
year in which extraordinary operation and maintenance work is commenced, on the
basis of average market yields on outstanding marketable obligations of the
United States with the remaining periods of maturity comparable to the
applicable reimbursement period of the project, adjusted to the nearest
1/8 of 1 percent on the unamortized balance of any portion
of the loan.
(c)Emergency extraordinary
operation and maintenance work
(1)The Secretary or the transferred works operating entity
shall carry out any emergency extraordinary operation and maintenance work on a
project facility that the Secretary determines to be necessary to minimize the
risk of imminent harm to public health or safety, or property.
(2)The
Secretary may advance funds for emergency extraordinary operation and
maintenance work and shall seek reimbursement from the transferred works
operating entity or benefitting entity upon receiving a written assurance from
the governing body of such entity that it will negotiate a contract pursuant to
section 4 for repayment of costs incurred by the Secretary in undertaking such
work.
(3)If
the Secretary determines that a project facility inspected and maintained
pursuant to the guidelines and criteria set forth in section 3(a) requires
extraordinary operation and maintenance pursuant to paragraph (1), the
Secretary may provide Federal funds on a nonreimbursable basis sufficient to
cover 35 percent of the cost of the extraordinary operation and maintenance
allocable to the transferred works operating entity, which is needed to
minimize the risk of imminent harm. The remaining share of the Federal funds
advanced by the Secretary for such work shall be repaid under subsection
(b).
5.Relationship to
Twenty-First Century Water Works ActNothing in this Act shall preclude a
transferred works operating entity from applying and receiving a loan-guarantee
pursuant to the Twenty-First Century Water Works Act (43 U.S.C. 2401 et
seq.).
6.Authorization of
appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this
Act.
7.Loan guarantee finance
demonstration program
(a)In
this section:
(1)The
term Secretary means the Secretary of the Interior.
(2)Federal loan guarantee
and loan guaranteeThe terms Federal loan guarantee
and loan guarantee have the meaning given the terms in the
Twenty-First Century Water Works Act (43 U.S.C. 2401 et seq.).
(3)Demonstration project
and projectThe terms demonstration project and
project have the meaning given the term project in
section 202 of the Twenty-First Century Water Works Act (43 U.S.C.
2421).
(4)The
term lender has the meaning given the term in section 202 of the
Twenty-First Century Water Works Act (43 U.S.C. 2421).
(5)Loan guarantee subsidy
costThe term loan guarantee subsidy cost has the
meaning given under the Federal Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.) as the annual budget authority
needed to cover the portion of credit assistance estimated to be un-recovered
because of defaults, expressed as a percentage of the amount of each loan
approved for guarantee. This definition shall apply to loan guarantees given to
improve facilities to which the Federal Government holds title, as well as to
non-Federal facilities.
(b)
(1)Identification of
demonstration projectsWithin 180 days of enactment of this Act,
the Secretary shall identify no more than 3 projects as eligible for Federal
loan guarantees. The identified projects shall include at least 1 project
involving extraordinary operation and maintenance work.
(2)Within 90 days of enactment of this Act, the Secretary
shall complete the Interagency Coordination and Cooperation actions in section
209 of the Twenty-First Century Water Works Act (43 U.S.C. 2428).
(3)Within 270 days of enactment of this Act, and in
accordance with an agreement with the entities seeking to carry-out the
projects identified under paragraph (1), the Secretary shall make available to
lenders Federal loan guarantees equal to the full cost of projects identified
in this section.
(4)The
loan guarantee subsidy cost shall be the greater of 2 percent or the subsidy
determined by the Secretary of Agriculture for covering the Federal cost of
guaranteeing loans to lenders financing water projects under the United States
Department of Agricultural Rural Development authorities.
(c)Authorization of
appropriationsThere are authorized to be appropriated such sums
as are necessary to carry out this title, to remain available until
expended.
September 16, 2008
Reported with an amendment