[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6024 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6024

      To direct the Secretary of the Interior, acting through the 
Commissioner of Reclamation, to assess the irrigation infrastructure of 
 the Rio Grande Pueblos in the State of New Mexico and provide grants 
to, and enter into cooperative agreements with, the Rio Grande Pueblos 
 to repair, rehabilitate, or reconstruct existing infrastructure, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2008

   Mr. Udall of New Mexico introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
      To direct the Secretary of the Interior, acting through the 
Commissioner of Reclamation, to assess the irrigation infrastructure of 
 the Rio Grande Pueblos in the State of New Mexico and provide grants 
to, and enter into cooperative agreements with, the Rio Grande Pueblos 
 to repair, rehabilitate, or reconstruct existing infrastructure, and 
                          for other purposes.

    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 ``Rio Grande Pueblos Irrigation 
Infrastructure Improvement Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) drought, population increases, and environmental needs 
        are exacerbating water supply issues across the western United 
        States, including the Rio Grande Basin in New Mexico;
            (2) a report developed by the Bureau of Reclamation and the 
        Bureau of Indian Affairs in 2000 identified a serious need for 
        the rehabilitation and repair of irrigation infrastructure of 
        the Rio Grande Pueblos;
            (3) inspection of existing irrigation infrastructure of the 
        Rio Grande Pueblos shows that many key facilities, such as 
        diversion structures and main conveyance ditches, are unsafe 
        and barely, if at all, operable;
            (4) the benefits of rehabilitating and repairing irrigation 
        infrastructure of the Rio Grande Pueblos include--
                    (A) water conservation;
                    (B) extending available water supplies;
                    (C) increased agricultural productivity;
                    (D) economic benefits;
                    (E) safer facilities; and
                    (F) the preservation of the culture of Indian 
                Pueblos in the State;
            (5) certain Indian Pueblos in the Rio Grande Basin receive 
        water from facilities operated or owned by the Bureau of 
        Reclamation; and
            (6) rehabilitation and repair of irrigation infrastructure 
        of the Rio Grande Pueblos would improve--
                    (A) overall water management by the Bureau of 
                Reclamation; and
                    (B) the ability of the Bureau of Reclamation to 
                help address potential water supply conflicts in the 
                Rio Grande Basin.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) 2004 agreement.--The term ``2004 Agreement'' means the 
        agreement titled ``Agreement By and Between the United States 
        of America and the Middle Rio Grande Conservancy District, 
        Providing for the Payment of Operation and Maintenance Charges 
        on Newly Reclaimed Pueblo Indian Lands in the Middle Rio Grande 
        Valley, New Mexico'' and executed in September 2004 (including 
        any successor agreements and amendments to the agreement).
            (2) Designated engineer.--The term ``designated engineer'' 
        means a Federal employee designated under the Act of February 
        14, 1927 (69 Stat. 1098, chapter 138), to represent the United 
        States in any action involving the maintenance, rehabilitation, 
        or preservation of the condition of any irrigation structure or 
        facility on land located in the Six Middle Rio Grande Pueblos.
            (3) District.--The term ``District'' means the Middle Rio 
        Grande Conservancy District, a political subdivision of the 
        State established in 1925.
            (4) Pueblo irrigation infrastructure.--The term ``Pueblo 
        irrigation infrastructure'' means any diversion structure, 
        conveyance facility, or drainage facility located on land of a 
        Rio Grande Pueblo that is associated with the delivery of water 
        for the irrigation of agricultural land.
            (5) Rio grande basin.--The term ``Rio Grande Basin'' means 
        the headwaters of the Rio Chama and the Rio Grande Rivers 
        (including any tributaries) from the State line between 
        Colorado and New Mexico downstream to the elevation 
        corresponding with the spillway crest of Elephant Butte Dam at 
        4,457.3 feet mean sea level.
            (6) Rio grande pueblo.--The term ``Rio Grande Pueblo'' 
        means any of the 18 Pueblos that--
                    (A) occupy land in the Rio Grande Basin; and
                    (B) are included on the list of federally 
                recognized Indian tribes published by the Secretary in 
                accordance with section 104 of the Federally Recognized 
                Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.
            (8) Six middle rio grande pueblos.--The term ``Six Middle 
        Rio Grande Pueblos'' means each of the Pueblos of Cochiti, 
        Santo Domingo, San Felipe, Santa Ana, Sandia, and Isleta.
            (9) Special project.--The term ``special project'' has the 
        meaning given the term in the 2004 Agreement.
            (10) State.--The term ``State'' means the State of New 
        Mexico.

SEC. 4. IRRIGATION INFRASTRUCTURE STUDY.

    (a) Study.--The Secretary, in accordance with consultation 
requirements under subsection (c), shall--
            (1) conduct a study of Pueblo irrigation infrastructure; 
        and
            (2) based on the results of the study, develop a list of 
        projects (including a cost estimate for each project) that are 
        recommended to be implemented over a 10-year period to repair, 
        rehabilitate, or reconstruct Pueblo irrigation infrastructure.
    (b) Consideration of Factors; Priority.--In developing the list of 
projects under subsection (a)(2), the Secretary shall prioritize the 
projects recommended for implementation based on consideration of the 
following factors:
            (1) The extent of disrepair of the Pueblo irrigation 
        infrastructure.
            (2) The effect of the disrepair on the ability of the 
        applicable Rio Grande Pueblo to irrigate agricultural land 
        using Pueblo irrigation infrastructure.
            (3) The extent that the repair, rehabilitation, or 
        reconstruction of the Pueblo irrigation infrastructure would 
        provide an opportunity to conserve water.
            (4) The economic and cultural impacts that the disrepair of 
        the Pueblo irrigation infrastructure has on the applicable Rio 
        Grande Pueblo.
            (5) The economic and cultural benefits that the repair, 
        rehabilitation, or reconstruction of the Pueblo irrigation 
        infrastructure would have on the applicable Rio Grande Pueblo.
            (6) The opportunity to address water supply or 
        environmental conflicts in the applicable river basin if the 
        Pueblo irrigation infrastructure is repaired, rehabilitated, or 
        reconstructed.
            (7) The overall benefits of the project to efficient water 
        operations on the land of the applicable Rio Grande Pueblo.
    (c) Consultation.--
            (1) In conducting study.--Not later than 3 months after 
        funds are made available for this Act, the Secretary shall 
        notify each Rio Grande Pueblo, in writing, that--
                    (A) the Secretary shall be conducting the study 
                required by subsection (a)(1);
                    (B) the Pueblo is invited to consult with the 
                Secretary regarding the study; and
                    (C) the Pueblo shall only be eligible to consult 
                if, not more than 3 months after recieving notice from 
                the Secretary, the Pueblo notifies the Secretary, in 
                writing, of the Pueblo's intent to consult.
            (2) In developing list of projects.--In developing the list 
        of projects under subsection (a)(2), the Secretary shall 
        consult with the Director of the Bureau of Indian Affairs 
        (including the designated engineer with respect to each 
        proposed project that affects the Six Middle Rio Grande 
        Pueblos), the Chief of the Natural Resources Conservation 
        Service, and the Chief of Engineers to evaluate the extent to 
        which programs under the jurisdiction of the respective 
        agencies may be used--
                    (A) to assist in evaluating projects to repair, 
                rehabilitate, or reconstruct Pueblo irrigation 
                infrastructure; and
                    (B) to implement--
                            (i) a project recommended for 
                        implementation under subsection (a)(2); or
                            (ii) any other related project (including 
                        on-farm improvements) that may be appropriately 
                        coordinated with the repair, rehabilitation, or 
                        reconstruction of Pueblo irrigation 
                        infrastructure to improve the efficient use of 
                        water in the Rio Grande Basin.
    (d) Report.--Not later than 18 months after funds are made 
available for this Act, the Secretary shall submit to the Committee on 
Natural Resources of the House of Representatives and Committee on 
Energy and Natural Resources of the Senate a report that includes--
            (1) the list of projects recommended for implementation 
        under subsection (a)(2); and
            (2) any findings of the Secretary with respect to--
                    (A) the study conducted under subsection (a)(1);
                    (B) the consideration of the factors under 
                subsection (b); and
                    (C) the consultations under subsection (c).
    (e) Biennial Review.--Not later than 2 years after the date on 
which the Secretary submits the report under subsection (d) and 
biennially thereafter, the Secretary, in consultation with each Rio 
Grande Pueblo, shall--
            (1) review the report submitted under subsection (d); and
            (2) update the list of projects described in subsection 
        (d)(1) in accordance with each factor described in subsection 
        (b), as the Secretary determines to be appropriate.

SEC. 5. IRRIGATION INFRASTRUCTURE GRANTS.

    (a) In General.--The Secretary may provide grants to, and enter 
into cooperative agreements with, the Rio Grande Pueblos to plan, 
design, construct, or otherwise implement projects to repair, 
rehabilitate, reconstruct, or replace Pueblo irrigation infrastructure 
that are recommended for implementation under section 4(a)(2)--
            (1) to increase water use efficiency and agricultural 
        productivity for the benefit of a Rio Grande Pueblo;
            (2) to conserve water; or
            (3) to otherwise enhance water management or help avert 
        water supply conflicts in the Rio Grande Basin.
    (b) Limitation.--Assistance provided under subsection (a) shall not 
be used for--
            (1) the repair, rehabilitation, or reconstruction of any 
        major impoundment structure;
            (2) any on-farm improvements; or
            (3) the rehabilitation of any Pueblo irrigation 
        infrastructure for the purpose of irrigating Rio Grande Pueblo 
        land that has not been historically irrigated.
    (c) Consultation.--In carrying out a project under subsection (a), 
the Secretary shall--
            (1) consult with, and obtain the approval of, the 
        applicable Rio Grande Pueblo;
            (2) consult with the Director of the Bureau of Indian 
        Affairs; and
            (3) as appropriate, coordinate the project with any work 
        being conducted under the irrigation operations and maintenance 
        program of the Bureau of Indian Affairs.
    (d) Cost-Sharing Requirement.--
            (1) Federal share.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Federal share of the total cost of carrying 
                out a project under subsection (a) shall be not more 
                than 75 percent.
                    (B) Exception.--The Secretary may waive or limit 
                the non-Federal share required under subparagraph (A) 
                if the Secretary determines, based on a demonstration 
                of financial hardship by the Rio Grande Pueblo, that 
                the Rio Grande Pueblo is unable to contribute the 
                required non-Federal share.
            (2) District contributions.--
                    (A) In general.--The Secretary may accept from the 
                District a partial or total contribution toward the 
                non-Federal share required for a project carried out 
                under subsection (a) on land located in any of the Six 
                Middle Rio Grande Pueblos if the Secretary determines 
                that the project is a special project.
                    (B) Limitation.--Nothing in subparagraph (A) 
                requires the District to contribute to the non-Federal 
                share of the cost of a project carried out under 
                subsection (a).
            (3) State contributions.--
                    (A) In general.--The Secretary may accept from the 
                State a partial or total contribution toward the non-
                Federal share for a project carried out under 
                subsection (a).
                    (B) Limitation.--Nothing in subparagraph (A) 
                requires the State to contribute to the non-Federal 
                share of the cost of a project carried out under 
                subsection (a).
            (4) Form of non-federal share.--The non-Federal share under 
        paragraph (1)(A) may be in the form of in-kind contributions, 
        including the contribution of any valuable asset or service 
        that the Secretary determines would substantially contribute to 
        a project carried out under subsection (a).
    (e) Operation and Maintenance.--The Secretary may not use any 
amount made available under section 8(b) for operation or maintenance 
of any project carried out under subsection (a).

SEC. 6. EFFECT ON EXISTING AUTHORITY AND RESPONSIBILITIES.

    Nothing in this Act--
            (1) affects any existing project-specific funding 
        authority; or
            (2) limits or absolves the United States from any 
        responsibility to any Rio Grande Pueblo (including any 
        responsibility arising from a trust relationship or from any 
        Federal law (including regulations), Executive order, or 
        agreement between the Federal Government and any Rio Grande 
        Pueblo).

SEC. 7. EFFECT ON PUEBLO WATER RIGHTS OR STATE WATER LAW.

    (a) Pueblo Water Rights.--Nothing in this Act (including the 
implementation of any project carried out in accordance with this Act) 
affects the right of any Pueblo to receive, divert, store, or claim a 
right to water, including the priority of right and the quantity of 
water associated with the water right under Federal or State law.
    (b) State Water Law.--Nothing in this Act preempts or affects--
            (1) State water law; or
            (2) an interstate compact governing water.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Study.--There is authorized to be appropriated $4,000,000 to 
carry out section 4.
    (b) Projects.--There is authorized to be appropriated $6,000,000 
for each of fiscal years 2010 through 2019 to carry out section 5.
                                 <all>