[House Report 114-366]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-366
======================================================================
BUREAU OF RECLAMATION TRANSPARENCY ACT
_______
December 3, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 1107]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1107) 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, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Reclamation Transparency
Act''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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).
PURPOSE OF THE BILL
The purpose of H.R. 1107 is 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.
BACKGROUND AND NEED FOR LEGISLATION
The goal of H.R. 1107 is to provide Congress, states,
localities, and water and power users a better understanding of
the estimated cost of repairs at Bureau of Reclamation
facilities. According to the agency, Reclamation is the
nation's largest wholesale water supplier, providing one out of
five Western farmers with irrigation water for 10 million
farmland acres that produce 60 percent of the nation's
vegetables and one quarter of its fresh fruit and nut crops. It
also delivers 10 trillion gallons of water to more than 31
million people annually and is the second largest domestic
producer of hydropower. Reclamation's assets include 475 dams
and 53 hydroelectric power plants. With much of this
infrastructure built over 50 years ago, maintaining these
assets is critical for safety and economic security. Despite
this need, some believe that Reclamation has not been
transparent in providing the extent of its maintenance backlog.
Reclamation operates a Facility Maintenance and
Rehabilitation Program that identifies the needs of both its
``transferred works''--infrastructure owned by Reclamation but
operated by local project sponsors--and its ``reserved
works''--projects owned and operated solely by Reclamation.
However, such reviews are not typically made public and exclude
project specific needs, even though other federal agencies
provide such detail. As an example, a Congressional Research
Service policy analyst stated last year:
. . . some agencies, such as the Environmental
Protection Agency and the Department of Transportation,
publish ``need assessments'' that include project level
estimates for needed repairs and upgrades . . . [t]he
availability of estimates for individual Reclamation
facilities varies, and are generally not compiled or
regularly updated in a centralized, public record.
H.R. 1107 requires Reclamation to compile an Infrastructure
Needs Assessment Report every two years as part of its existing
Asset Management Plan reporting process. In response to the
aforementioned criticism and prior legislation, Reclamation is
making efforts to be more transparent on its infrastructure. In
testimony delivered on this bill in June 2015, an agency
official indicated that H.R. 1107 is consistent with its draft
``Infrastructure Investment Strategy''.
COMMITTEE ACTION
H.R. 1107 was introduced on February 26, 2015, by
Congressman Paul A. Gosar (R-AZ). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Water, Power and Oceans. On June 25, 2015, a
Subcommittee hearing was held on the bill. On October 7, 2015,
the Natural Resources Committee met to consider the bill. The
Subcommittee was discharged by unanimous consent. Congressman
Gosar offered an amendment designated #1. The amendment was
adopted by unanimous consent. On October 8, 2015, the bill, as
amended, was ordered favorably reported to the House of
Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 1107--Bureau of Reclamation Transparency Act
H.R. 1107 would require the Bureau of Reclamation (BOR) to
assess the maintenance needs of its facilities, develop a
ranking system to prioritize the rehabilitation needs of
facilities that it operates, and work with nonfederal partners
that have taken over the operation of certain other facilities
to develop similar systems. Under current law, BOR gathers and
analyzes data on its facilities, and makes the results
available to the Congress and the public through its budget
documents and various other reports throughout the year. Under
the bill, BOR would need to consolidate those results into one
report every two years including the ranking information and
the estimated costs of necessary rehabilitation projects. Based
on information from BOR, and assuming appropriation of the
necessary amounts, CBO estimates that implementing those
provisions would cost $2 million over the 2016-2020 period.
Enacting H.R. 1107 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 1107 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2026.
H.R. 1107 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. Any
costs incurred by public entities to comply with the bill's
reporting requirements would result from participating in a
voluntary federal program.
On September 3, 2015, CBO transmitted a cost estimate for
S. 593, the Bureau of Reclamation Transparency Act, as ordered
reported by the Senate Committee on Energy and Natural
Resources on July 30, 2015. H.R. 1107 is similar to provisions
in S. 593, although S. 593 includes a provision that would
reduce the authorization level for the Central Valley Water
Recycling Project in Salt Lake County, Utah, by $2 million. The
CBO cost estimates reflect that difference.
The CBO staff contact for this estimate is Aurora Swanson.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new credit
authority, or an increase or decrease in revenues or tax
expenditures. According to the Congressional Budget Office,
implementing H.R. 1107 would cost $2 million over the 2016-20
time period, subject to appropriation.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is 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.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
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