II 

109TH CONGRESS 

2D SESSION S. 4079 

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

IN THE SENATE OF THE UNITED STATES 

DECEMBER 5, 2006 

Mr. HATCH (for himself, Mr. ALLARD, Ms. CANTWELL, and Mrs. FEINSTEIN) 

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, and for other purposes. 

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

3 SECTION 1. ADDITIONAL AUTHORIZATION FOR IMPROVE4 MENTS TO SITE SECURITY. 

5 The Reclamation Safety of Dams Act of 1978 is 

6 amended— 

7 (1) in section 2 (43 U.S.C. 506), by inserting 

8 ‘‘and site security’’ after ‘‘structural safety’’; 


hmoore on PROD1PC68 with HMBILLS
2 

•S 4079 IS

1 (2) in section 3 (43 U.S.C. 507), by inserting 

2 ‘‘and site security’’ after ‘‘dam safety’’; and 

3 (3) in section 4 (43 U.S.C. 508)— 

4 (A) in subsection (c)— 

5 (i) in the matter preceding paragraph 

6 (1), by inserting after ‘‘safety purposes’’ 

7 the following: ‘‘and all costs incurred for 

8 building and site security activities (includ9 ing facility fortifications, operation, main10 tenance and replacement of the fortifica11 tions, and guards and patrols, as identified 

12 in the Bureau of Reclamation’s Report to 

13 Congress dated February 2006)’’; 

14 (ii) by inserting after paragraph (2) 

15 the following: 

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

17 of California— 

18 ‘‘(A) the Secretary shall collect dam safety 

19 and site security costs allocated to irrigation 

20 and municipal and industrial water service ex21 clusively through inclusion of the costs in the 

22 operation and maintenance rates, capital water 

23 rates, or a combination of operation and main24 tenance rates and capital water rates; and 


hmoore on PROD1PC68 with HMBILLS
3 

•S 4079 IS

1 ‘‘(B) dam safety and site security costs al2 located to irrigation and municipal and indus3 trial water service shall not be segregated from 

4 other project operation, maintenance, or capital 

5 costs for separate allocation or repayment.’’; 

6 and 

7 (iii) by redesignating paragraphs (3) 

8 and (4) as paragraphs (4) and (5), respec9 tively; and 

10 (B) in subsection (e)— 

11 (i) in paragraph (1), by inserting ‘‘or 

12 site security measure’’ after ‘‘modifica13 tion’’; and 

14 (ii) in paragraph (2), by inserting ‘‘or 

15 site security measure’’ after ‘‘modifica16 tion’’. 

17 SEC. 2. REPORTS. 

18 The Reclamation Safety of Dams Act of 1978 is 

19 amended— 

20 (1) in section 5 (43 U.S.C. 509)— 

21 (A) in the first sentence— 

22 (i) by striking ‘‘There are hereby’’ 

23 and inserting the following: 

24 ‘‘(a) IN GENERAL.—There are’’; and 


hmoore on PROD1PC68 with HMBILLS
4 

•S 4079 IS

1 (ii) by striking ‘‘Act:’’ and inserting 

2 ‘‘Act.’’; 

3 (B) in the proviso— 

4 (i) by striking ‘‘Provided, That no 

5 funds’’ and inserting the following: 

6 ‘‘(b) LIMITATION.— 

7 ‘‘(1) IN GENERAL.—No funds’’; 

8 (ii) by inserting after ‘‘under author9 ity of this Act’’ the following: ‘‘, the cause 

10 of which results from new hydrologic or 

11 seismic data or changes in the state-of-the12 art criteria determined to be necessary for 

13 site security or structural safety pur14 poses,’’; and 

15 (iii) by striking ‘‘The report required 

16 to be submitted by this section’’ and in17 serting the following: 

18 ‘‘(2) REPORT.—The report required under 

19 paragraph (1)’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(c) ANNUAL REPORT.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall submit 

23 to the Committee on Resources of the House of Rep24 resentatives and the Committee Energy and Natural 

25 Resources of the Senate an annual report on buildVerDate Aug 31 2005 02:36 Dec 13, 2006 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4079.IS S4079

hmoore on PROD1PC68 with HMBILLS
5 

•S 4079 IS

1 ing and site security measures carried out under this 

2 Act during the applicable fiscal year. 

3 ‘‘(2) COMPONENTS.—The report required under 

4 paragraph (1) shall include— 

5 ‘‘(A) a summary of Federal and non-Fed6 eral expenditures for the fiscal year; and 

7 ‘‘(B) information relating to a 5-year plan 

8 for building and site security measures carried 

9 out under this Act, which shall provide pre- and 

10 post-September 11, 2001, costs for the building 

11 and site security measures.’’; and 

12 (2) in section 5A (43 U.S.C. 509a)— 

13 (A) in subsection (c)— 

14 (i) in paragraph (1), by striking 

15 ‘‘under section 5’’ and inserting ‘‘under 

16 section 5(b)’’; and 

17 (ii) in paragraph (3)— 

18 (I) by striking ‘‘The response’’ 

19 and inserting ‘‘If a modification is the 

20 result of new hydrologic or seismic 

21 data or changes in the state-of-the-art 

22 criteria determined to be necessary for 

23 structural safety purposes, the re24 sponse’’; and 


hmoore on PROD1PC68 with HMBILLS
6 

•S 4079 IS

1 (II) by striking ‘‘by section 5’’ 

2 and inserting ‘‘under section 5(b)’’; 

3 (B) in subsection (d), by inserting ‘‘site’’ 

4 before ‘‘security’’; and 

5 (C) by inserting ‘‘or site security measure’’ 

6 after ‘‘modification’’ each place it appears. 

Æ 


hmoore on PROD1PC68 with HMBILLS