Bureau of Reclamation Transparency Act

#1268 | HR Congress #116

Last Action: Referred to the Subcommittee on Water, Oceans, and Wildlife. (3/7/2019)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary



The "Bureau of Reclamation Transparency Act" is a bill that requires the Secretary of the Interior to submit a report to Congress on the efforts of the Bureau of Reclamation to manage its infrastructure assets. This includes all buildings, structures, equipment, and facilities that are owned by the Bureau and used to manage water and related resources. The report, known as the "Asset Management Report," will provide information on the maintenance and repair needs of these assets, including a budget estimate for each item and a rating system to prioritize these needs. The bill also requires the Secretary to consult with other agencies and stakeholders in developing the report. Additionally, the bill calls for updates to the report every two years and for similar reporting requirements to be developed for assets that have been transferred to non-Federal entities.

Possible Impacts



1. The requirements outlined in the legislation could result in increased taxes for individuals, as the report may recommend funding for major repairs and rehabilitation needs for Bureau of Reclamation projects.
2. The legislation could also lead to decreased access to recreational facilities for individuals, as the report may identify infrastructure assets that are no longer considered mission critical and therefore may be decommissioned or closed.
3. The legislation may also impact the job security and opportunities for individuals employed by the Bureau of Reclamation, as the report may recommend changes to staffing or contracting practices for maintenance of infrastructure assets.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1268 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1268

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2019

  Mr. Gosar (for himself, Mr. Biggs, Mr. Calvert, Mr. Garamendi, Mr. 
 Gianforte, Mr. Gohmert, Mr. Hice of Georgia, Mr. Huffman, Mr. Hunter, 
     Mrs. Kirkpatrick, Mr. LaMalfa, Mr. Lamborn, Mr. Meadows, Mr. 
 McClintock, Mrs. Rodgers of Washington, Mr. Mullin, Mrs. Napolitano, 
Mr. Newhouse, Mr. Schweikert, and Mr. Tipton) 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bureau of Reclamation Transparency 
Act''.

SEC. 2. 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 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 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 to evaluate and manage 
                infrastructure assets of the Bureau.
            (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 at a Reclamation project.
            (5) Reclamation project.--The term ``Reclamation project'' 
        means a project that is owned by the Bureau, including all 
        reserved works and transferred works owned by the Bureau.
            (6) Reserved works.--The term ``reserved works'' means any 
        building, structure, facility, or equipment--
                    (A) that is owned by the Bureau; and
                    (B) for which operations and maintenance are 
                performed, regardless of the source of funding--
                            (i) by an employee of the Bureau; or
                            (ii) through a contract entered into by the 
                        Commissioner.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) Reclamation.--The term ``Reclamation'' means the Bureau 
        of Reclamation.
            (9) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (10) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of Reclamation.
            (11) 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.

SEC. 3. 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--
                    (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 maximum extent practicable, an itemized 
                list of major repair and rehabilitation needs of 
                individual Reclamation facilities at each Reclamation 
                project.
            (2) Inclusions.--To the maximum 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 4(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.

SEC. 4. 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 3(b).
    (b) Guidance.--
            (1) In general.--After considering input from water and 
        power contractors of the Bureau, 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 3(b)(3).
            (2) Updates.--The ratings system developed under paragraph 
        (1) shall be included in the updated Asset Management Reports 
        under section 3(c).
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