[Congressional Record Volume 164, Number 152 (Wednesday, September 12, 2018)]
[House]
[Pages H8142-H8144]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BUREAU OF RECLAMATION TRANSPARENCY ACT
Mr. GIANFORTE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 660) to require the Secretary of the Interior to submit to
Congress a report on the efforts of the Bureau of Reclamation to manage
its infrastructure assets.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 660
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 ``Bureau of Reclamation
Transparency Act''.
SEC. 2. 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. 3. DEFINITIONS.
In this Act:
(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.
[[Page H8143]]
(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. 4. 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 5(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. 5. 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 4(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 4(b)(3).
(2) Updates.--The ratings system developed under paragraph
(1) shall be included in the updated Asset Management Reports
under section 4(c).
SEC. 6. 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.
The SPEAKER pro tempore (Mr. Poe of Texas). Pursuant to the rule, the
gentleman from Montana (Mr. Gianforte) and the gentlewoman from
Massachusetts (Ms. Tsongas) each will control 20 minutes.
The Chair recognizes the gentleman from Montana.
General Leave
Mr. GIANFORTE. Mr. Speaker, I ask unanimous consent for all Members
to have 5 legislative days to revise and extend their remarks and
include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Montana?
There was no objection.
Mr. GIANFORTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 660 is bipartisan legislation introduced by
Representative Paul Gosar of Arizona.
For more than a century, the Bureau of Reclamation has transformed
the West into a powerhouse that feeds the Nation and the world, and
provides renewable and emissions-free energy for millions.
Bureau of Reclamation projects have proven to be critical to the
American way of life in the West, and we must ensure their protection
for future generations. This means having open and honest discussions
about the challenges the Bureau of Reclamation faces maintaining and
repairing these projects.
To that end, H.R. 660 is a bipartisan bill that requires the Federal
Government to make public in a unified way the estimated cost of
repairs for reclamation facilities. The American public has asked for
and deserves laws that reflect transparency and open discussion. H.R.
660 delivers that.
Mr. Speaker, I thank the gentleman from Arizona for his work on this.
I urge adoption, and I reserve the balance of my time.
Ms. TSONGAS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 660 would improve data collection and reporting on
the condition of Bureau of Reclamation infrastructure. Much of the
Bureau of Reclamation's aging water infrastructure was constructed more
than one-half century ago.
It is critically important that Congress and the public have
sufficient information on which facilities are most in need of major
repairs, if we are going to properly address our Nation's water
infrastructure needs.
H.R. 660 is bipartisan legislation that will help Congress gather the
information we need.
I would also like to note for the record that stakeholders have
expressed a desire for minor changes to section 6 of this bill, so that
there are no unintended consequences for proposed water recycling
projects. As this bill advances through the legislative process, it
will be important to work with the bill sponsor and our Senate
colleagues to refine the bill text.
Mr. Speaker, I support passage of this legislation, and I reserve the
balance of my time.
Mr. GIANFORTE. Mr. Speaker, I yield such time as he may consume to
the gentleman from Arizona (Mr. Gosar).
Mr. GOSAR. Mr. Speaker, I thank the gentleman from Montana for
yielding me the time.
Mr. Speaker, I rise today in strong support of H.R. 660, the Bureau
of Reclamation Transparency Act.
This bicameral, bipartisan legislation increases transparency,
consolidates multiple reports, and requires the Bureau of Reclamation,
the BOR, to do a thorough inventory of its assets, as well as
prioritize major repairs necessary at the agency's facilities.
This bill has a strong history of bipartisan support. It was approved
unanimously by the Senate in the 113th Congress, with Senators Barrasso
and Schatz ushering passage. The previous administration testified in
strong support of the bill last Congress.
This Congress, the Trump administration testified in strong support
of the Senate bill, which is identical to the House bill.
[[Page H8144]]
The bill has five Democratic cosponsors and 15 Republican cosponsors.
The bill passed the House Committee on Natural Resources by unanimous
consent. Senator Barrasso and Senator Schatz are again spearheading the
Senate companion, and the Senate bill has passed the Senate Committee
on Energy and Natural Resources.
For more than a century, the Bureau of Reclamation has transformed
the West into a powerhouse that feeds the Nation and the world while
also providing renewable, emissions-free energy for millions of
Americans.
BOR provides essential services that benefit water and power users,
as well as our Nation's farmers. The agency delivers water to more than
30 million people and provides one in five Western farmers with water
to irrigate their crops.
The BOR's assets include more than 476 dams and dikes, and the agency
is also responsible for the operations of 53 different hydroelectric
power plants.
This legislation is timely and necessary. The Bureau of Reclamation
was established in 1902, and much of the agency's now-aging
infrastructure was built more than 50 years ago. Many of the facilities
operated by the BOR are in desperate need of repairs, to the tune of
several billion dollars.
This bill requires the Federal Government make public the estimated
cost of repairs for reclamation facilities. For years, Congress and
water users throughout the country have asked for such information,
only to be rebuffed time and again.
Taxpayers deserve accountability from their government and oversight
on how it spends their money. Sunshine on expenditures and increased
transparency is good for any Federal bureaucracy or agency.
The Bureau of Reclamation Transparency Act requires a cost estimate
and a detailed list of major repairs for BOR facilities. Such actions
will allow for meaningful steps to be taken to address the maintenance
backlog, as well as to ensure an abundant supply of clean water and
power for future generations.
Mr. Speaker, I appreciate the committee's time and work on this bill,
and I urge my colleagues to vote in favor of H.R. 660.
Ms. TSONGAS. Mr. Speaker, I yield back the balance of my time.
Mr. GIANFORTE. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Montana (Mr. Gianforte) that the House suspend the rules
and pass the bill, H.R. 660.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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