[Congressional Record Volume 154, Number 57 (Thursday, April 10, 2008)]
[Senate]
[Pages S2948-S2949]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself, Mr. Bingaman, Mr. Salazar, and Mr. 
        Tester):
  S. 2842. 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; to the Committee on Energy and Natural Resources.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2842

       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

[[Page S2949]]

     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.
                                 ______