§373e Bureau of Reclamation Site Security

Summary

The Secretary of the Interior must not charge project users for the cost of building, changing, upgrading, or replacing physical security at Bureau of Reclamation sites to meet post‑September 11, 2001 needs. But the Secretary may treat up to $18,900,000 per fiscal year (adjusted for inflation each year after fiscal year 2008 using the prior year’s Consumer Price Index) of certain ongoing security costs as reimbursable under Reclamation law. Those reimbursable costs cover higher levels of guards and patrols, training, patrols by local and tribal law enforcement, operation, maintenance, and replacement of guard and response equipment, and operation and maintenance of facility fortifications. For the Central Valley Project in California, irrigation and municipal and industrial water users must pay their share only through operation and maintenance water rates. The Secretary can make policies with project beneficiaries to handle payment of these reimbursable costs. Before starting a security measure, the Secretary must give written notice explaining the need, the process, and the rules, and must let beneficiaries consult on planning, design, and construction with agreed timeframes. The Secretary must consider cost‑saving ideas from beneficiaries, reply in writing about actions, and give periodic cost and status updates. Each year the Secretary must report to the House Natural Resources Committee and the Senate Energy and Natural Resources Committee on security actions, showing federal and non‑federal spending and a five‑year plan that separates pre‑September 11, 2001 and post‑September 11, 2001 costs. Security costs at the same levels that existed before September 11, 2001 remain reimbursable.