FINDINGS

Congress finds the following: (1)Drought, population increases, and environmental needs are exacerbating water supply issues across the western United States, including on the Southern Ute Indian Reservation in southwestern Colorado. (2)A report of the General Accounting Office from 2006 identified significant issues with the Pine River Indian Irrigation Project, including that key facilities of the Pine River Indian Irrigation Project are severely deteriorated and barely, if at all, operable. (3)Operations and maintenance fees are not sufficient to address the Pine River Indian Irrigation Project’s condition, even though the Bureau of Indian Affairs has sought to double those fees, from $8.50 to $17.00, in recent years. (4)The 2006 General Accounting Office report also notes that a prior study done by the Bureau of Reclamation found that water users could not even afford to pay the lower operations and maintenance fees of $8.50 and operate a profitable farming operation. (5)The benefits of rehabilitating and repairing the Pine River Indian Irrigation Project’s irrigation infrastructure include— (A)water conservation; (B)extending available water supply; (C)increasing agricultural production; (D)economic benefits; (E)safer facilities; and (F)preserving the culture of the Southern Ute Indian Tribe. (6)While the Pine River Indian Irrigation Project is currently managed by the Bureau of Indian Affairs, the Southern Ute Indian Tribe also receives water from facilities owned or operated by the Bureau of Reclamation. (7)Rehabilitation and repair of the Pine River Indian Irrigation Project’s infrastructure by the Bureau of Reclamation would improve— (A)overall water management; and (B)the ability of the Southern Ute Indian Tribe and the Bureau of Reclamation to address potential water conflicts.

Definitions

In this Act— (1)

Project

The term project means the Pine River Indian Irrigation Project. (2)

Secretary

The term Secretary means the Secretary of the Interior. (3)

State

The term State means the State of Colorado. (4)

Tribal Council

The term Tribal Council means the Southern Ute Indian Tribal Council. (5)

Tribe

The term Tribe means the Southern Ute Indian Tribe.

Project INFRASTRUCTURE STUDY

(a)

Study

The Secretary, in consultation with the Tribe, shall conduct a study of the project’s irrigation infrastructure. (b)

Improvements

(1)

List

Based on the results of the study required under subsection (a), the Secretary, in consultation with the Tribe, shall develop a list of improvements to repair, rehabilitate, or reconstruct the project over a 10-year period. The list shall include cost-estimates for each improvement. (2)

Priority

In developing the list of improvements, the Secretary shall prioritize the improvements based on— (A)recommendations of the Tribe; (B)cost-benefit analyses; (C)the ability of the project’s users to irrigate agricultural land using the project’s irrigation infrastructure; (D)the effect on the conservation of water; (E)the cultural benefits that the improvements would have on the Tribe; and (F)the opportunity to address water supply or environmental conflicts. (c)

Consultation

The Secretary may consult with the Director of the Bureau of Indian Affairs and any other local or Federal official to assist developing the study or list of improvements. (d)

Report

Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, and the Tribe a report including— (1)the list of improvements required under subsection (b); and (2)any findings the Secretary determines relevant. (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 the Tribe, shall— (1)review the report; and (2)update the list of improvements in accordance with subsection (b)(2) as the Secretary determines to be appropriate.

IRRIGATION INFRASTRUCTURE GRANTS and Cooperative Agreements

(a)

In General

The Secretary may provide grants to, and enter into cooperative agreements with, the Tribe in order to repair, rehabilitate, reconstruct, or replace the project’s irrigation infrastructure. (b)

Limitation

A grant or cooperative agreement under this section shall not be used for— (1)the repair, rehabilitation, or reconstruction of any major impoundment structure; or (2)any on-farm improvements. (c)

Consultation

In carrying out a grant or cooperative agreement under subsection (a), the Secretary shall— (1)consult with, and obtain the approval of, the Tribe; (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

The Secretary may require that to be eligible for a grant or cooperative agreement under this section, the Tribe shall provide matching, non-Federal funds in an amount equal to not less than 25 percent of the total amount of the grant or cooperative agreement.

Federal and State Law

Nothing in this Act— (1)affects the right of the Tribe 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; or (2)preempts or affects— (A)State water law; or (B)an interstate compact relating to the allocation of water.

Authorization of Appropriations

(a)

Study

There is authorized to be appropriated to carry out section 3 $4,000,000. (b)

Projects

There is authorized to be appropriated to carry out section 4 $10,000,000 for each of fiscal years 2010 through 2015.