[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>