[Congressional Record Volume 162, Number 18 (Monday, February 1, 2016)]
[Senate]
[Page S428]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3146. Mr. BARRASSO (for himself and Mr. Schatz) submitted an
amendment intended to be proposed to amendment SA 2953 proposed by Ms.
Murkowski to the bill S. 2012, to provide for the modernization of the
energy policy of the United States, and for other purposes; which was
ordered to lie on the table; as follows:
At the end, add the following:
TITLE __--BUREAU OF RECLAMATION
SEC. __01. SHORT TITLE.
This title may be cited as the ``Bureau of Reclamation
Transparency Act''.
SEC. __02. FINDINGS.
Congress finds that--
(1) the water resources infrastructure of the Bureau of
Reclamation provides important benefits related to irrigated
agriculture, municipal and industrial water, hydropower,
flood control, fish and wildlife, and recreation in the 17
Reclamation States;
(2) as of 2013, the combined replacement value of the
infrastructure assets of the Bureau of Reclamation was
$94,500,000,000;
(3) the majority of the water resources infrastructure
facilities of the Bureau of Reclamation are at least 60 years
old;
(4) the Bureau of Reclamation has previously undertaken
efforts to better manage the assets of the Bureau of
Reclamation, including an annual review of asset maintenance
activities of the Bureau of Reclamation known as the ``Asset
Management Plan''; and
(5) actionable information on infrastructure conditions at
the asset level, including information on maintenance needs
at individual assets due to aging infrastructure, is needed
for Congress to conduct oversight of Reclamation facilities
and meet the needs of the public.
SEC. __03. DEFINITIONS.
In this title:
(1) Asset.--
(A) In general.--The term ``asset'' means any of the
following assets that are used to achieve the mission of the
Bureau of Reclamation to manage, develop, and protect water
and related resources in an environmentally and economically
sound manner in the interest of the people of the United
States:
(i) Capitalized facilities, buildings, structures, project
features, power production equipment, recreation facilities,
or quarters.
(ii) Capitalized and noncapitalized heavy equipment and
other installed equipment.
(B) Inclusions.--The term ``asset'' includes assets
described in subparagraph (A) that are considered to be
mission critical.
(2) Asset management report.--The term ``Asset Management
Report'' means--
(A) the annual plan prepared by the Bureau of Reclamation
known as the ``Asset Management Plan''; and
(B) any publicly available information relating to the plan
described in subparagraph (A) that summarizes the efforts of
the Bureau of Reclamation to evaluate and manage
infrastructure assets of the Bureau of Reclamation.
(3) Major repair and rehabilitation need.--The term ``major
repair and rehabilitation need'' means major nonrecurring
maintenance at a Reclamation facility, including maintenance
related to the safety of dams, extraordinary maintenance of
dams, deferred major maintenance activities, and all other
significant repairs and extraordinary maintenance.
(4) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that are
owned by the Bureau of Reclamation at a Reclamation project.
(5) Reclamation project.--The term ``Reclamation project''
means a project that is owned by the Bureau of Reclamation,
including all reserved works and transferred works owned by
the Bureau of Reclamation.
(6) Reserved works.--The term ``reserved works'' means
buildings, structures, facilities, or equipment that are
owned by the Bureau of Reclamation for which operations and
maintenance are performed by employees of the Bureau of
Reclamation or through a contract entered into by the Bureau
of Reclamation, regardless of the source of funding for the
operations and maintenance.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Transferred works.--The term ``transferred works''
means a Reclamation facility at which operations and
maintenance of the facility is carried out by a non-Federal
entity under the provisions of a formal operations and
maintenance transfer contract or other legal agreement with
the Bureau of Reclamation.
SEC. __04. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED
WORKS.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
an Asset Management Report that--
(1) describes the efforts of the Bureau of Reclamation--
(A) to maintain in a reliable manner all reserved works at
Reclamation facilities; and
(B) to standardize and streamline data reporting and
processes across regions and areas for the purpose of
maintaining reserved works at Reclamation facilities; and
(2) expands on the information otherwise provided in an
Asset Management Report, in accordance with subsection (b).
(b) Infrastructure Maintenance Needs Assessment.--
(1) In general.--The Asset Management Report submitted
under subsection (a) shall include--
(A) a detailed assessment of major repair and
rehabilitation needs for all reserved works at all
Reclamation projects; and
(B) to the extent practicable, an itemized list of major
repair and rehabilitation needs of individual Reclamation
facilities at each Reclamation project.
(2) Inclusions.--To the extent practicable, the itemized
list of major repair and rehabilitation needs under paragraph
(1)(B) shall include--
(A) a budget level cost estimate of the appropriations
needed to complete each item; and
(B) an assignment of a categorical rating for each item,
consistent with paragraph (3).
(3) Rating requirements.--
(A) In general.--The system for assigning ratings under
paragraph (2)(B) shall be--
(i) consistent with existing uniform categorization systems
to inform the annual budget process and agency requirements;
and
(ii) subject to the guidance and instructions issued under
subparagraph (B).
(B) Guidance.--As soon as practicable after the date of
enactment of this Act, the Secretary shall issue guidance
that describes the applicability of the rating system
applicable under paragraph (2)(B) to Reclamation facilities.
(4) Public availability.--Except as provided in paragraph
(5), the Secretary shall make publicly available, including
on the Internet, the Asset Management Report required under
subsection (a).
(5) Confidentiality.--The Secretary may exclude from the
public version of the Asset Management Report made available
under paragraph (4) any information that the Secretary
identifies as sensitive or classified, but shall make
available to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the
House of Representatives a version of the report containing
the sensitive or classified information.
(c) Updates.--Not later than 2 years after the date on
which the Asset Management Report is submitted under
subsection (a) and biennially thereafter, the Secretary shall
update the Asset Management Report, subject to the
requirements of section __05(b)(2).
(d) Consultation.--To the extent that such consultation
would assist the Secretary in preparing the Asset Management
Report under subsection (a) and updates to the Asset
Management Report under subsection (c), the Secretary shall
consult with--
(1) the Secretary of the Army (acting through the Chief of
Engineers); and
(2) water and power contractors.
SEC. __05. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR
TRANSFERRED WORKS.
(a) In General.--The Secretary shall coordinate with the
non-Federal entities responsible for the operation and
maintenance of transferred works in developing reporting
requirements for Asset Management Reports with respect to
major repair and rehabilitation needs for transferred works
that are similar to the reporting requirements described in
section __04(b).
(b) Guidance.--
(1) In general.--After considering input from water and
power contractors of the Bureau of Reclamation, the Secretary
shall develop and implement a rating system for transferred
works that incorporates, to the maximum extent practicable,
the rating system for major repair and rehabilitation needs
for reserved works developed under section __04(b)(3).
(2) Updates.--The ratings system developed under paragraph
(1) shall be included in the updated Asset Management Reports
under section __04(c).
SEC. __06. OFFSET.
Notwithstanding any other provision of law, in the case of
the project authorized by section 1617 of the Reclamation
Projects Authorization and Adjustment Act of 1992 (43 U.S.C.
390h-12c), the maximum amount of the Federal share of the
cost of the project under section 1631(d)(1) of that Act (43
U.S.C. 390h-13(d)(1)) otherwise available as of the date of
enactment of this Act shall be reduced by $2,000,000.
______