II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. AUTHORIZATION FOR SITE SECURITY PRO4 GRAM. 

5 The Reclamation Safety of Dams Act of 1978 is 

6 amended as follows: 

7 (1) In section 2, by inserting ‘‘and site secu8 rity’’ after ‘‘structural safety’’ and before ‘‘of Bu9 reau of Reclamation dams’’. 


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1 (2) In section 3, by inserting ‘‘and site secu2 rity’’ after ‘‘dam safety’’ and before ‘‘and not for’’. 

3 (3) In section 4(c)— 

4 (A) by inserting in ‘‘and all costs incurred 

5 for post-September 11, 2001 building and site 

6 security activities (including facility fortifica7 tions and modification and replacement of such 

8 fortifications, which shall be treated as capital 

9 costs for reimbursement purposes; and oper10 ation and maintenance (O&M) costs, including 

11 costs of guards and patrols, as identified in the 

12 Bureau of Reclamation’s Report to Congress 

13 dated February 2006,)’’ after ‘‘for safety pur14 poses’’ and before ‘‘shall be reimbursed to the 

15 extent’’; 

16 (B) by inserting after ‘‘provided in this 

17 subsection.’’ the following: ‘‘Nothing in this Act 

18 shall affect or alter the treatment of costs for 

19 the continuation of pre-September 11, 2001 

20 building and site security activities.’’; 

21 (C) by inserting after paragraph (2) the 

22 following: 

23 ‘‘(3) In the case of the Central Valley Project 

24 of California, safety of dams and site security costs 

25 allocated to irrigation and municipal and industrial 


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1 water service shall be collected by the Secretary ex2 clusively through inclusion of these costs in the oper3 ation and maintenance water rates, capital water 

4 rates, or both.’’; 

5 (D) by renumbering paragraphs (3) and 

6 (4) as paragraphs (4) and (5), respectively; 

7 (E) in paragraph (5) (as redesignated by 

8 subparagraph (D) above)— 

9 (i) by striking ‘‘Costs’’ and inserting 

10 the following: 

11 ‘‘(i) Modification costs’’; and 

12 (ii) by inserting after ‘‘of the rates so 

13 determined.’’ the following: 

14 ‘‘(ii) Reimbursable operation and 

15 maintenance costs, including costs of 

16 guards and patrols, shall be repaid annu17 ally, in accordance with the provisions of 

18 paragraph (1).’’ 

19 (4) In section 4, by redesignating subsection (e) 

20 as subsection (f). 

21 (5) In section 4, by inserting after subsection 

22 (d) the following: 

23 ‘‘(e) The Secretary is authorized to develop policies 

24 and procedures that are consistent with the requirements 

25 of subsection (f) and section 5A in order to provide for 


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1 agreements with project beneficiaries for the return or re2 imbursable costs of site security activities.’’. 

3 (6) In subsection 4(f) (as so redesignated by 

4 paragraph 4 above)— 

5 (A) in paragraph (1), by inserting ‘‘or site 

6 security measure,’’ after ‘‘of the modification’’ 

7 and before ‘‘the Secretary’’; and 

8 (B) in paragraph (2), by inserting ‘‘or site 

9 security measure.’’ after ‘‘of the modification’’. 

10 SEC. 2. REPORTS TO CONGRESS. 

11 Section 5 of the Reclamation Safety of Dams Act of 

12 1978 is amended— 

13 (1) by inserting ‘‘(a)(1)’’ at the beginning of 

14 the first sentence; 

15 (2) by inserting ‘‘for the modification of struc16 tures which result from new hydrologic or seismic 

17 data or changes in the state-of-the-art criteria 

18 deemed necessary for safety purposes’’ after ‘‘and 

19 ensuing fiscal years’’ and before ‘‘such sums as may 

20 be necessary,’’; 

21 (3) by adding after paragraph (a)(1) the fol22 lowing: 

23 ‘‘(2) Effective on the date of the enactment of 

24 this paragraph, there are hereby authorized for post25 September 11, 2001, building and site security acVerDate Aug 31 2005 07:27 May 02, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1258.IS S1258

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1 tivities described in section 4(c) such sums as may 

2 be necessary, to remain available until expended.’’; 

3 (4) by inserting ‘‘(b)’’ before ‘‘Provided, that no 

4 funds’’; 

5 (5) in subsection (b), by inserting ‘‘the cause of 

6 which results from new hydrologic or seismic data or 

7 changes in the state-of-the-art criteria deemed nec8 essary for safety purposes,’’ after ‘‘an existing dam 

9 under this Act,’’ and before ‘‘prior to 30 calendar 

10 days.’’; and 

11 (6) by adding after subsection (b) the following: 

12 ‘‘(c) The Secretary shall report annually to the Nat13 ural Resources Committee of the House of Representatives 

14 and the Energy and Natural Resources Committee of the 

15 Senate on building and site security actions and activities 

16 undertaken pursuant to this Act for each fiscal year. The 

17 report shall include a summary of Federal and non-Fed18 eral expenditures for the fiscal year and information relat19 ing to a 5-year planning horizon for the program, detailed 

20 to show pre-September 11, 2001, and post-September 11, 

21 2001 costs for the building and site security activities.’’. 

22 SEC. 3. OTHER REPORTING REQUIREMENTS. 

23 Section 5A(c)(3) of the Reclamation Safety of Dams 

24 Act of 1978 is amended to read as follows: 


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1 ‘‘(3) When a modification is the result of new 

2 hydrologic or seismic data or changes in the state3 of-the-art criteria deemed necessary for safety pur4 poses, the response of the Secretary shall be in5 cluded in the reports required by section 5(b).’’. 

Æ 


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