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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1258 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                S. 1258

   To amend the Reclamation Safety of Dams Act of 1978 to authorize 
      improvements for the security of dams and other facilities.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2007

 Ms. Cantwell (for herself, Mr. Hatch, Mr. Wyden, Mr. Allard, and Mr. 
Smith) introduced the following bill; which was read twice and referred 
            to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
   To amend the Reclamation Safety of Dams Act of 1978 to authorize 
      improvements for the security of dams and other facilities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AUTHORIZATION FOR SITE SECURITY PROGRAM.

    The Reclamation Safety of Dams Act of 1978 is amended as follows:
            (1) In section 2, by inserting ``and site security'' after 
        ``structural safety'' and before ``of Bureau of Reclamation 
        dams''.
            (2) In section 3, by inserting ``and site security'' after 
        ``dam safety'' and before ``and not for''.
            (3) In section 4(c)--
                    (A) by inserting in ``and all costs incurred for 
                post-September 11, 2001 building and site security 
                activities (including facility fortifications and 
                modification and replacement of such fortifications, 
                which shall be treated as capital costs for 
                reimbursement purposes; and operation and maintenance 
                (O&M) costs, including costs of guards and patrols, as 
                identified in the Bureau of Reclamation's Report to 
                Congress dated February 2006,)'' after ``for safety 
                purposes'' and before ``shall be reimbursed to the 
                extent'';
                    (B) by inserting after ``provided in this 
                subsection.'' the following: ``Nothing in this Act 
                shall affect or alter the treatment of costs for the 
                continuation of pre-September 11, 2001 building and 
                site security activities.'';
                    (C) by inserting after paragraph (2) the following:
            ``(3) In the case of the Central Valley Project of 
        California, safety of dams and site security costs allocated to 
        irrigation and municipal and industrial water service shall be 
        collected by the Secretary exclusively through inclusion of 
        these costs in the operation and maintenance water rates, 
        capital water rates, or both.'';
                    (D) by renumbering paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively;
                    (E) in paragraph (5) (as redesignated by 
                subparagraph (D) above)--
                            (i) by striking ``Costs'' and inserting the 
                        following:
                            ``(i) Modification costs''; and
                            (ii) by inserting after ``of the rates so 
                        determined.'' the following:
                            ``(ii) Reimbursable operation and 
                        maintenance costs, including costs of guards 
                        and patrols, shall be repaid annually, in 
                        accordance with the provisions of paragraph 
                        (1).''
            (4) In section 4, by redesignating subsection (e) as 
        subsection (f).
            (5) In section 4, by inserting after subsection (d) the 
        following:
    ``(e) The Secretary is authorized to develop policies and 
procedures that are consistent with the requirements of subsection (f) 
and section 5A in order to provide for agreements with project 
beneficiaries for the return or reimbursable costs of site security 
activities.''.
            (6) In subsection 4(f) (as so redesignated by paragraph 4 
        above)--
                    (A) in paragraph (1), by inserting ``or site 
                security measure,'' after ``of the modification'' and 
                before ``the Secretary''; and
                    (B) in paragraph (2), by inserting ``or site 
                security measure.'' after ``of the modification''.

SEC. 2. REPORTS TO CONGRESS.

    Section 5 of the Reclamation Safety of Dams Act of 1978 is 
amended--
            (1) by inserting ``(a)(1)'' at the beginning of the first 
        sentence;
            (2) by inserting ``for the modification of structures which 
        result from new hydrologic or seismic data or changes in the 
        state-of-the-art criteria deemed necessary for safety 
        purposes'' after ``and ensuing fiscal years'' and before ``such 
        sums as may be necessary,'';
            (3) by adding after paragraph (a)(1) the following:
            ``(2) Effective on the date of the enactment of this 
        paragraph, there are hereby authorized for post-September 11, 
        2001, building and site security activities described in 
        section 4(c) such sums as may be necessary, to remain available 
        until expended.'';
            (4) by inserting ``(b)'' before ``Provided, that no 
        funds'';
            (5) in subsection (b), by inserting ``the cause of which 
        results from new hydrologic or seismic data or changes in the 
        state-of-the-art criteria deemed necessary for safety 
        purposes,'' after ``an existing dam under this Act,'' and 
        before ``prior to 30 calendar days.''; and
            (6) by adding after subsection (b) the following:
    ``(c) The Secretary shall report annually to the Natural Resources 
Committee of the House of Representatives and the Energy and Natural 
Resources Committee of the Senate on building and site security actions 
and activities undertaken pursuant to this Act for each fiscal year. 
The report shall include a summary of Federal and non-Federal 
expenditures for the fiscal year and information relating to a 5-year 
planning horizon for the program, detailed to show pre-September 11, 
2001, and post-September 11, 2001 costs for the building and site 
security activities.''.

SEC. 3. OTHER REPORTING REQUIREMENTS.

    Section 5A(c)(3) of the Reclamation Safety of Dams Act of 1978 is 
amended to read as follows:
            ``(3) When a modification is the result of new hydrologic 
        or seismic data or changes in the state-of-the-art criteria 
        deemed necessary for safety purposes, the response of the 
        Secretary shall be included in the reports required by section 
        5(b).''.
                                 <all>
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