[Congressional Record Volume 146, Number 46 (Wednesday, April 12, 2000)]
[Senate]
[Pages S2621-S2625]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI (by request):
  S. 2410. A bill to increase the authorization of appropriations for 
the Reclamation Safety of Dams Act of 1978, and for other purposes; to 
the Committee on Energy and Natural Resources.


     authorization increase for the reclamation safety of dams act

  Mr. MURKOWSKI. Mr. President, I send to the desk, for appropriate 
reference, legislation submitted by the administration to increase the 
authorization of appropriations for the Bureau of Reclamation's Safety 
of Dams program. Let me emphasize that I am introducing this 
legislation at the request of the administration. Neither I nor any 
other member of the Committee on Energy and Natural Resources has taken 
a position on the merits of the legislation at this time. I understand 
some water users have expressed concerns with this legislation, and I 
want to assure them that the Water and Power Subcommittee, to which 
this bill will be referred, will have a hearing on the legislation so 
that they can make their concerns a part of the record and address them 
in the legislative process. Ensuring the safety of dams under the 
jurisdiction of the Bureau of Reclamation is very important but is must 
be done in a way that ensures safety at Reclamation facilities while 
not causing undue financial hardship for project beneficiaries. I ask 
unanimous consent that the letter of transmittal from the 
administration and a section-by-section of the legislation that the 
administration prepared be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                  U.S. Department of the Interior,


                                        Bureau of Reclamation,

                                   Washington, DC, August 5, 1999.
     Hon. Albert Gore,
     President of the Senate, Washington, DC.
       Dear Mr. President: Enclosed is draft legislation to 
     increase by $380,000,000 the authorized cost ceiling for the 
     Bureau of Reclamation's dam safety program authorized program 
     authorized in Public Law 95-578 and Public Law 98-404. I 
     would appreciate your assistance in seeing that this 
     legislation is introduced, referred to the appropriate 
     Congressional Committee for consideration, and enacted.
       The Bureau of Reclamation's dam safety program is designed 
     to ensure that its facilities are operated in a safe and 
     reliable condition. The purpose of the program is to protect 
     the public, property and natural resources downstream of 
     Reclamation structures.
       The Bureau of Reclamation expends approximately $60 million 
     per year for dam safety purposes and estimates that the 
     existing $650,000,000 cost ceiling will be exceeded in Fiscal 
     Year 2001. The enclosed legislation is necessary to continue 
     funding this important program.
       In addition to increasing the authorized cost ceiling, the 
     legislation would make a few important changes to the dam 
     safety program. Under existing law, irrigators are required 
     to pay a portion of the dam safety costs within 50 years 
     without interest. The draft bill would amend the statute to 
     charge interest on the dam safety costs allocated for 
     irrigation purposes, This makes irrigation repayment terms 
     for dam safety activities consistent with municipal and 
     industrial water supply.
       Existing law also requires the Bureau of Reclamation to 
     send a dam modifications report to Congress for dam safety 
     work costing more than $750,000. The report must rest before 
     Congress for 60 legislative days prior to Reclamation 
     obligating funds for dam safety construction, The attached 
     legislation would raise the threshold for a Congressional 
     report to $1.2 million, reduce to 30 calendar days the time 
     required for a dam safety modification report to rest in 
     Congress prior to Reclamation commencing dam safety repair 
     work.
       A section-by-section analysis of the legislation also is 
     attached. Thank you for your consideration of this request.
       A similar package has been transmitted to the Speaker of 
     the House of Representatives. If you have any questions 
     concerning this

[[Page S2625]]

     legislation, please contact James Hess, Acting Chief, 
     Congressional and Legislative Affairs Group for the Bureau of 
     Reclamation, at 202-208-5840.
       The Office of Management and Budget advises that there is 
     no objection to the presentation of this proposal from the 
     standpoint of the administration's program.
           Sincerely,
                                                Eluid L. Martinez,
                                                     Commissioner.
       Enclosure

                      Section-By-Section Analysis

       Section (A)(1). Makes Federal dam safety assistance 
     unavailable for costs incurred because the operating entity 
     does not adequately maintain the structure.
       Section 1(A)(2)(a). Makes the additional $380 million 
     authorized to be appropriated by Section 1(B)(1) subject to 
     the 15 percent reimbursability requirement.
       Section 1(A(2)(b). Strikes the existing provision that 
     limits repayment of the costs allocated to irrigation to the 
     irrigators' ability to pay.
       Section 1(A)(2)(c)-(d). Renumbers the subsections of 
     existing Section 4.
       Section 1(A)(2)(e). Existing law requires that dam safety 
     costs allocated to certain purposes, including municipal, 
     industrial, and power, but not including irrigation, be 
     repaid with interest. This provision includes irrigation 
     costs among those to be repaid with interest. Furthermore, 
     costs allocated to irrigation under this Act should be repaid 
     by the irrigators without assistance from power revenues.
       Section 1(A)(2)(f). Explicitly provides that costs 
     allocated under this Act to project purposes will be repaid 
     with interest and without regard to water users' ability to 
     pay, thereby eliminating any assistance from power users to 
     water users.
       Section 1(A)(3). Authorizes the Secretary to use monies 
     received pursuant to a repayment contract at any time prior 
     to completion of the dam safety construction work.
       Section 1(B)(1). Authorizes the appropriation of an 
     additional $380 million (indexed for inflation) for dam 
     safety.
       Section 1(B)(2). Increases to $1,200,000 (indexed for 
     inflation) the threshold amount of triggering when the Bureau 
     of Reclamation must send a modification report to Congress 
     prior to obligating funds for dam safety construction. 
     Existing law requires a report for any obligation exceeding 
     $750,000.
       Section 1(B)(3). Reduces from 60 legislative days to 30 
     calendar days the time that a dam safety modification report 
     must lie before Congress before the Bureau of Reclamation can 
     obligate funds for dam safety construction.
                                 ______