Bureau of Reclamation Site Security Costs Act of 2007 - Makes costs incurred by the Secretary of the Interior for the physical fortification of Bureau of Reclamation facilities to satisfy increased post-September 11, 2001, security needs non-reimbursable.
Directs the Secretary of the Interior to include up to a specified amount of costs incurred for increased levels of guards and patrols, training, patrols by local and tribal law enforcement entities, operation, maintenance, and replacement of guard and response force equipment, and operation and maintenance of facility fortifications at Bureau facilities after September 11, 2001, as reimbursable operation and maintenance costs under reclamation law. Requires site security costs allocated to irrigation and municipal and industrial water service under this Act for the Central Valley Project, California, to be collected by the Secretary exclusively by including such costs in operation and maintenance water rates.
Authorizes the Secretary to develop policies and procedures with project beneficiaries to provide for the payment of reimbursable costs described in this Act.
Directs the Secretary: (1) upon identifying a Bureau facility for a site security measure, to provide to the project beneficiaries written notice describing the need for and the process for identifying and implementing the measure and summarizing related administrative and legal requirements; (2) to provide project beneficiaries an opportunity to consult with the Bureau on the planning, design, and construction of the measure; (3) before incurring security-related costs, to consider cost containment measures recommended by a project beneficiary; (4) to provide to the project beneficiary a timely written response describing any proposed actions to address the recommendations and notice regarding the costs and status of such activities; and (5) to report annually to specified congressional committees on site security actions and activities undertaken pursuant to this Act, including a summary of expenditures and information relating to a five-year planning horizon showing pre- and post-September 11, 2001, costs for site security activities.
Provides that reclamation project security costs at the levels of activity that existed prior to September 11, 2001, shall remain reimbursable.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1662 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 1662
To amend the Reclamation Safety of Dams Act of 1978 to authorize
improvements for the security of dams and other facilities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 23, 2007
Mrs. Napolitano (for herself, Mrs. McMorris Rodgers, Mr. Franks of
Arizona, and Mr. Renzi) introduced the following bill; which was
referred to the Committee on 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,'';
(4) 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.'';
(5) by inserting ``(b)'' before ``Provided, that no
funds'';
(6) 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
(7) 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>
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Unanimous Consent .
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Unanimous Consent.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 110-459.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 110-459.
Placed on the Union Calendar, Calendar No. 283.
Mrs. Napolitano moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H14096-14097)
DEBATE - The House proceeded with forty minutes of debate on H.R. 1662.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H14096-14097)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H14096-14097)
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Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources. Ordered to be reported without amendment favorably.
Committee on Energy and Natural Resources. Reported by Senator Bingaman without amendment. With written report No. 110-323.
Committee on Energy and Natural Resources. Reported by Senator Bingaman without amendment. With written report No. 110-323.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 675.
Indefinitely postponed by Senate by Unanimous Consent. (consideration: CR S5530)