```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 40 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                 S. 40

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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 8, 2019

  Mr. Barrasso (for himself and Mr. Schatz) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
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.

    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. 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. 3. 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 4(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. 4. 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 3(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 3(b)(3).
            (2) Updates.--The ratings system developed under paragraph 
        (1) shall be included in the updated Asset Management Reports 
        under section 3(c).
                                 <all>
```