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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1800 Reported in Senate (RS)]

                                                       Calendar No. 513
113th CONGRESS
  2d Session
                                S. 1800

                          [Report No. 113-226]

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

                           December 11, 2013

  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

                             July 31, 2014

              Reported by Ms. Landrieu, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Bureau of Reclamation 
Transparency Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) the water resources infrastructure of the 
        Bureau of Reclamation provides important benefits related to 
        irrigated agriculture, hydropower, and recreation in the 17 
        Reclamation States;</DELETED>
        <DELETED>    (2) as of 2013, the combined replacement value of 
        the infrastructure assets of the Bureau of Reclamation was 
        $94,500,000,000;</DELETED>
        <DELETED>    (3) the majority of the water resources 
        infrastructure facilities of the Bureau of Reclamation are at 
        least 60 years old;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (5) actionable information on infrastructure 
        conditions at the project level, including information on 
        maintenance needs and potential public safety threats at 
        individual projects due to aging infrastructure, is needed for 
        Congress to conduct oversight of Reclamation facilities and 
        meet the needs of the public.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Asset management report.--The term ``Asset 
        Management Report'' means--</DELETED>
                <DELETED>    (A) the annual plan prepared by the Bureau 
                of Reclamation known as the ``Asset Management Plan''; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Major repair and rehabilitation need.--The 
        term ``major repair and rehabilitation need'' means a 
        significant maintenance need at a Reclamation facility, 
        including maintenance related to the safety of dams, 
        extraordinary operations at and maintenance of dams, deferred 
        maintenance, and all other significant repairs and 
        extraordinary maintenance.</DELETED>
        <DELETED>    (3) Reclamation facility.--The term ``Reclamation 
        facility'' means each of the infrastructure assets that are 
        owned by the Bureau of Reclamation at a Reclamation 
        project.</DELETED>
        <DELETED>    (4) 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.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 4. ASSET MANAGEMENT REPORT ENHANCEMENTS.</DELETED>

<DELETED>    (a) In General.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall submit to Congress a report 
that--</DELETED>
        <DELETED>    (1) describes the efforts of the Bureau of 
        Reclamation--</DELETED>
                <DELETED>    (A) to manage all Reclamation facilities; 
                and</DELETED>
                <DELETED>    (B) to standardize and streamline data 
                reporting and processes across regions and areas for 
                the purpose of managing Reclamation facilities; 
                and</DELETED>
        <DELETED>    (2) expands on the information otherwise provided 
        in Asset Management Reports, in accordance with subsection 
        (b).</DELETED>
<DELETED>    (b) Infrastructure Maintenance Needs Assessment.--
</DELETED>
        <DELETED>    (1) In general.--The report submitted under 
        subsection (a) shall include--</DELETED>
                <DELETED>    (A) a detailed assessment of major repair 
                and rehabilitation needs at all Reclamation projects; 
                and</DELETED>
                <DELETED>    (B) to the extent practicable, an itemized 
                list of major repair and rehabilitation needs of 
                individual Reclamation facilities at each Reclamation 
                project.</DELETED>
        <DELETED>    (2) Inclusions.--To the extent practicable, the 
        itemized list of major repair and rehabilitation needs under 
        paragraph (1)(B) shall include--</DELETED>
                <DELETED>    (A) a cost estimate of the expenditures 
                needed to complete each item; and</DELETED>
                <DELETED>    (B) an assignment of a categorical rating 
                of 1, 2, 3, 4, or 5 for each item, consistent with 
                paragraph (3).</DELETED>
        <DELETED>    (3) Rating requirements.--</DELETED>
                <DELETED>    (A) In general.--The system for assigning 
                ratings under paragraph (2)(B) shall be--</DELETED>
                        <DELETED>    (i) consistent with existing 
                        uniform categorization systems for the safety 
                        of dams projects; and</DELETED>
                        <DELETED>    (ii) subject to any regulations 
                        issued under subparagraph (B).</DELETED>
                <DELETED>    (B) Regulations.--As soon as practicable 
                after the date of enactment of this Act, the Secretary 
                shall issue regulations that describe the applicability 
                of the rating system applicable under paragraph (2)(B) 
                to Reclamation facilities.</DELETED>
        <DELETED>    (4) Public availability.--Except as provided in 
        paragraph (5), the Secretary shall make publically available, 
        including on the Internet, the report required under subsection 
        (a).</DELETED>
        <DELETED>    (5) Confidentiality.--Subject to the discretion of 
        the Secretary, the Secretary may exclude from the public 
        version of the 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.</DELETED>
<DELETED>    (c) Updates.--Not later than 2 years after the date on 
which the report is submitted under subsection (a) and biennially 
thereafter, the Secretary shall update the report, subject to the 
requirements of subsection (b).</DELETED>
<DELETED>    (d) Consultation.--The Secretary shall consult with the 
Secretary of the Army (acting through the Chief of Engineers) to the 
extent that the consultation would assist the Secretary in preparing 
the report under subsection (a) and updates to the report under 
subsection (c).</DELETED>

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 publically available, including 
        on the Internet, the Asset Management Report required under 
        subsection (a).
            (5) Confidentiality.--Subject to the discretion of the 
        Secretary, 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.--The Secretary shall consult with the Secretary 
of the Army (acting through the Chief of Engineers) to the extent that 
the consultation would assist the Secretary in preparing the Asset 
Management Report under subsection (a) and updates to the Asset 
Management Report under subsection (c).

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 the condition of, and planned 
maintenance 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 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).
                                                       Calendar No. 513

113th CONGRESS

  2d Session

                                S. 1800

                          [Report No. 113-226]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 31, 2014

                       Reported with an amendment
```