[House Report 114-366]
[From the U.S. Government Publishing Office]


114th Congress     }                                   {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session       }                                   {      114-366

======================================================================



 
                 BUREAU OF RECLAMATION TRANSPARENCY ACT

                                _______
                                

December 3, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 1107]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1107) 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, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.
          (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).

                          PURPOSE OF THE BILL

    The purpose of H.R. 1107 is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    The goal of H.R. 1107 is to provide Congress, states, 
localities, and water and power users a better understanding of 
the estimated cost of repairs at Bureau of Reclamation 
facilities. According to the agency, Reclamation is the 
nation's largest wholesale water supplier, providing one out of 
five Western farmers with irrigation water for 10 million 
farmland acres that produce 60 percent of the nation's 
vegetables and one quarter of its fresh fruit and nut crops. It 
also delivers 10 trillion gallons of water to more than 31 
million people annually and is the second largest domestic 
producer of hydropower. Reclamation's assets include 475 dams 
and 53 hydroelectric power plants. With much of this 
infrastructure built over 50 years ago, maintaining these 
assets is critical for safety and economic security. Despite 
this need, some believe that Reclamation has not been 
transparent in providing the extent of its maintenance backlog.
    Reclamation operates a Facility Maintenance and 
Rehabilitation Program that identifies the needs of both its 
``transferred works''--infrastructure owned by Reclamation but 
operated by local project sponsors--and its ``reserved 
works''--projects owned and operated solely by Reclamation. 
However, such reviews are not typically made public and exclude 
project specific needs, even though other federal agencies 
provide such detail. As an example, a Congressional Research 
Service policy analyst stated last year:

        . . . some agencies, such as the Environmental 
        Protection Agency and the Department of Transportation, 
        publish ``need assessments'' that include project level 
        estimates for needed repairs and upgrades . . . [t]he 
        availability of estimates for individual Reclamation 
        facilities varies, and are generally not compiled or 
        regularly updated in a centralized, public record.

    H.R. 1107 requires Reclamation to compile an Infrastructure 
Needs Assessment Report every two years as part of its existing 
Asset Management Plan reporting process. In response to the 
aforementioned criticism and prior legislation, Reclamation is 
making efforts to be more transparent on its infrastructure. In 
testimony delivered on this bill in June 2015, an agency 
official indicated that H.R. 1107 is consistent with its draft 
``Infrastructure Investment Strategy''.

                            COMMITTEE ACTION

    H.R. 1107 was introduced on February 26, 2015, by 
Congressman Paul A. Gosar (R-AZ). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Water, Power and Oceans. On June 25, 2015, a 
Subcommittee hearing was held on the bill. On October 7, 2015, 
the Natural Resources Committee met to consider the bill. The 
Subcommittee was discharged by unanimous consent. Congressman 
Gosar offered an amendment designated #1. The amendment was 
adopted by unanimous consent. On October 8, 2015, the bill, as 
amended, was ordered favorably reported to the House of 
Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 1107--Bureau of Reclamation Transparency Act

    H.R. 1107 would require the Bureau of Reclamation (BOR) to 
assess the maintenance needs of its facilities, develop a 
ranking system to prioritize the rehabilitation needs of 
facilities that it operates, and work with nonfederal partners 
that have taken over the operation of certain other facilities 
to develop similar systems. Under current law, BOR gathers and 
analyzes data on its facilities, and makes the results 
available to the Congress and the public through its budget 
documents and various other reports throughout the year. Under 
the bill, BOR would need to consolidate those results into one 
report every two years including the ranking information and 
the estimated costs of necessary rehabilitation projects. Based 
on information from BOR, and assuming appropriation of the 
necessary amounts, CBO estimates that implementing those 
provisions would cost $2 million over the 2016-2020 period.
    Enacting H.R. 1107 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 1107 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2026.
    H.R. 1107 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. Any 
costs incurred by public entities to comply with the bill's 
reporting requirements would result from participating in a 
voluntary federal program.
    On September 3, 2015, CBO transmitted a cost estimate for 
S. 593, the Bureau of Reclamation Transparency Act, as ordered 
reported by the Senate Committee on Energy and Natural 
Resources on July 30, 2015. H.R. 1107 is similar to provisions 
in S. 593, although S. 593 includes a provision that would 
reduce the authorization level for the Central Valley Water 
Recycling Project in Salt Lake County, Utah, by $2 million. The 
CBO cost estimates reflect that difference.
    The CBO staff contact for this estimate is Aurora Swanson. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new credit 
authority, or an increase or decrease in revenues or tax 
expenditures. According to the Congressional Budget Office, 
implementing H.R. 1107 would cost $2 million over the 2016-20 
time period, subject to appropriation.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  [all]