43 U.S.C. § 373e: Bureau of Reclamation site…

Summary

The Secretary of the Interior must not require repayment for money spent to build or strengthen physical security at Bureau of Reclamation sites after September 11, 2001. The Secretary may treat up to $18,900,000 per year (and more after fiscal year 2008 adjusted each year by the prior year’s Consumer Price Index) of increased security operating costs — such as extra guards, patrols, training, use of local or tribal law enforcement, guard equipment, and upkeep of security features — as reimbursable under Reclamation law. For the Central Valley Project in California, security costs for irrigation and municipal and industrial water must be paid only by adding them into the operation and maintenance water rates. The Secretary must work with project beneficiaries (the groups that get project water or services) to set policies and give written notice when a facility is picked for a security measure, explaining the need, the process, and the legal and administrative rules. Beneficiaries must be allowed to consult on planning, design, and construction, and the Secretary must consider cost-saving suggestions, reply in writing, and give regular updates on costs and status. The Secretary must report yearly to the House Natural Resources Committee and the Senate Energy and Natural Resources Committee with spending totals and a five-year plan showing costs before and after September 11, 2001. Pre-September 11, 2001 security activity levels stay reimbursable.

Title 43, §373e

Public Lands, Source: USLM XML via OLRC

(a)Treatment of capital costs

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, including the construction, modification, upgrade, or replacement of such facility fortifications, shall be nonreimbursable.

(b)Treatment of security-related operation and maintenance costs

(1)Reimbursable costs

The Secretary of the Interior shall include no more than $18,900,000 per fiscal year, indexed each fiscal year after fiscal year 2008 according to the preceding year’s Consumer Price Index, of those 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 of Reclamation facilities after the events of September 11, 2001, as reimbursable operation and maintenance costs under Reclamation law.

(2)Costs collected through water rates

In the case of the Central Valley Project of California, site security costs allocated to irrigation and municipal and industrial water service in accordance with this section shall be collected by the Secretary exclusively through inclusion of these costs in the operation and maintenance water rates.

(c)Transparency and report to Congress

(1)Policies and procedures

The Secretary is authorized to develop policies and procedures with project beneficiaries, consistent with the requirements of paragraphs (2) and (3), to provide for the payment of the reimbursable costs described in subsection (b).

(2)Notice

On identifying a Bureau of Reclamation facility for a site security measure, the Secretary shall provide to the project beneficiaries written notice—

(A)describing the need for the site security measure and the process for identifying and implementing the site security measure; and

(B)summarizing the administrative and legal requirements relating to the site security measure.

(3)Consultation

The Secretary shall—

(A)provide project beneficiaries an opportunity to consult with the Bureau of Reclamation on the planning, design, and construction of the site security measure; and

(B)in consultation with project beneficiaries, develop and provide timeframes for the consultation described in subparagraph (A).

(4)Response; notice

Before incurring costs pursuant to activities described in subsection (b), the Secretary shall consider cost containment measures recommended by a project beneficiary that has elected to consult with the Bureau of Reclamation on such activities. The Secretary shall provide to the project beneficiary—

(A)a timely written response describing proposed actions, if any, to address the recommendation; and

(B)notice regarding the costs and status of such activities on a periodic basis.

(5)Report

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 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 site security activities.

(d)Pre-September 11, 2001 security cost levels

Reclamation project security costs at the levels of activity that existed prior to September 11, 2001, shall remain reimbursable.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (c)(5), means Pub. L. 110–229, May 8, 2008, 122 Stat. 754, known as the Consolidated Natural Resources Act of 2008. For complete classification of this Act to the Code, see

Short Title

of 2008 Amendment note set out under section 1 of Title 16, Conservation, and Tables.

§373e Bureau of Reclamation Site Security