[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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