Bureau of Reclamation Transparency Act

Bill: 114-hr-1107
Sponsor: full_name: Rep. Gosar, Paul A. [R-AZ-4]
Introduced: 2015-02-26
Policy area: Water Resources Development
Subjects: Congressional oversight

Dams and canals

Department of the Interior

Government information and archives

Infrastructure development

Water resources funding

Water use and supply
Latest action: action_date: 2015-12-03
text: Placed on the Union Calendar, Calendar No. 279.

Summaries:
action_date: 2015-02-26
action_desc: Introduced in House
text: <p><b>Bureau of Reclamation Transparency Act</b></p> <p>Directs the Department of the Interior to submit to Congress, make publicly available, and biennially update an Asset Management Report that describes the Bureau of Reclamation's efforts to maintain in a reliable manner all reserved works (buildings, structures, facilities, or equipment owned by the Bureau for which operations and maintenance are performed by Bureau employees or through a contract with the Bureau) at Reclamation facilities (infrastructure assets that are owned by the Bureau at each Reclamation project owned by the Bureau) and to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining such works.</p> <p>Requires such Report to include: (1) a detailed assessment of major repair and rehabilitation needs for all such works; and (2) an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project, including a budget level cost estimate of appropriations needed to complete each item and an assignment of a categorical rating for each item consistent with existing uniform categorization systems to inform the annual budget process and agency requirements.</p> <p>Directs Interior to: (1) coordinate with the non-federal entities responsible for the operation and maintenance of transferred works (Reclamation facilities at which operations and maintenance are carried out by a non-federal entity under a formal agreement with the Bureau) in developing reporting requirements for Asset Management Reports regarding the condition of, and planned maintenance for, transferred works; and (2) develop and implement a categorical rating system for transferred works.</p>

action_date: 2015-12-03
action_desc: Reported to House with amendment(s)
text: <p><b>Bureau of Reclamation Transparency Act</b></p> <p>(Sec. 4) This bill directs the Department of the Interior to submit to Congress, make publicly available, and biennially update an Asset Management Report that describes the Bureau of Reclamation's efforts to maintain in a reliable manner all reserved works (buildings, structures, facilities, or equipment owned by the Bureau for which operations and maintenance are performed by Bureau employees or through a contract with the Bureau) at Reclamation facilities (infrastructure assets that are owned by the Bureau at each Reclamation project owned by the Bureau) and to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining such works.</p> <p>Such Report must include: (1) a detailed assessment of major repair and rehabilitation needs for all such works; and (2) an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project, including a budget level cost estimate of appropriations needed to complete each item and an assignment of a categorical rating for each item consistent with existing uniform categorization systems to inform the annual budget process and agency requirements.</p> <p>Interior may exclude from the public version of the Report any information that it identifies as sensitive or classified, but shall make available to specified congressional committees a version of the report containing the sensitive or classified information.</p> <p>(Sec. 5) Interior must: (1) coordinate with the non-federal entities responsible for the operation and maintenance of transferred works (Reclamation facilities at which operations and maintenance are carried out by a non-federal entity under a formal agreement with the Bureau) in developing reporting requirements for Asset Management Reports regarding major repair and rehabilitation needs for transferred works, and (2) develop and implement a categorical rating system for transferred works that incorporates the rating system for major repair and rehabilitation needs for reserved works.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 1107 IN THE HOUSE OF REPRESENTATIVES February 26, 2015 Mr. Gosar (for himself, Mr. Amodei , Mr. Barton , Mr. Cartwright , Mr. Coffman , Mr. Franks of Arizona , Mr. Garamendi , Mr. Hardy , Mr. Heck of Nevada , Mr. Huffman , Mrs. Kirkpatrick , Mr. Ted Lieu of California , Mrs. Lummis , Mr. McClintock , Mr. Miller of Florida , Mr. Pearce , Mr. Salmon , Mr. Tipton , Mr. Zinke , Mr. Denham , Mrs. Napolitano , and Ms. Sinema ) introduced the following bill; which was referred to the Committee on 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.

1. Short title This Act may be cited as the Bureau of Reclamation Transparency Act . 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. 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. 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 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 5(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. 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).

tv_txt: IB Union Calendar No. 279 114th CONGRESS 1st Session H. R. 1107 [Report No. 114–366] IN THE HOUSE OF REPRESENTATIVES February 26, 2015 Mr. Gosar (for himself, Mr. Amodei , Mr. Barton , Mr. Cartwright , Mr. Coffman , Mr. Franks of Arizona , Mr. Garamendi , Mr. Hardy , Mr. Heck of Nevada , Mr. Huffman , Mrs. Kirkpatrick , Mr. Ted Lieu of California , Mrs. Lummis , Mr. McClintock , Mr. Miller of Florida , Mr. Pearce , Mr. Salmon , Mr. Tipton , Mr. Zinke , Mr. Denham , Mrs. Napolitano , and Ms. Sinema ) introduced the following bill; which was referred to the Committee on Natural Resources December 3, 2015 Additional sponsors: Ms. McSally , Mr. Gibson , Mr. Pocan , and Mr. Costa December 3, 2015 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on February 26, 2015 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.

1. Short title This Act may be cited as the Bureau of Reclamation Transparency Act . 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. 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. 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 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 5(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. 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 major repair and rehabilitation needs 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 major repair and rehabilitation needs 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).

December 3, 2015 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed