[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2805 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2805

      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 SENATE OF THE UNITED STATES

                             April 2, 2008

 Mr. Bingaman introduced the following bill; which was read twice and 
       referred to the Committee on Energy and 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 AND PURPOSE.

    (a) 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.
    (b) Purpose.--The purpose of this Act is to direct the Secretary--
            (1) to assess the condition of the irrigation 
        infrastructure of the Rio Grande Pueblos;
            (2) to establish priorities for the rehabilitation of 
        irrigation infrastructure of the Rio Grande Pueblos in 
        accordance with specified criteria; and
            (3) to implement projects to rehabilitate and improve the 
        irrigation infrastructure of the Rio Grande Pueblos.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) 2004 agreement.--The term ``2004 Agreement'' means the 
        agreement entitled ``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.--
            (1) In general.--On the date of enactment of this Act, the 
        Secretary, in accordance with paragraph (2), and in 
        consultation with the Rio Grande Pueblos, shall--
                    (A) conduct a study of Pueblo irrigation 
                infrastructure; and
                    (B) 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.
            (2) Required consent.--The Secretary shall carry out 
        paragraph (1) with the consent of each Pueblo that notifies the 
        Secretary of the intention of the Pueblo to participate in--
                    (A) the conduct of the study under paragraph 
                (1)(A); and
                    (B) the development of the list of projects under 
                paragraph (1)(B).
    (b) Priority.--
            (1) Consideration of factors.--
                    (A) In general.--In developing the list of projects 
                under subsection (a)(1)(B), the Secretary shall--
                            (i) consider each of the factors described 
                        in paragraph (2); and
                            (ii) prioritize the projects recommended 
                        for implementation based on--
                                    (I) a review of each of the 
                                factors; and
                                    (II) a consideration of the 
                                projected benefits of the project on 
                                completion of the project.
                    (B) Eligibility of projects.--A project is eligible 
                to be considered and prioritized by the Secretary if 
                the project addresses at least 1 factor described in 
                paragraph (2).
            (2) Factors.--The factors referred to in paragraph (1) 
        are--
                    (A)(i) the extent of disrepair of the Pueblo 
                irrigation infrastructure; and
                    (ii) the effect of the disrepair on the ability of 
                the applicable Rio Grande Pueblo to irrigate 
                agricultural land using Pueblo irrigation 
                infrastructure;
                    (B) whether, and the extent that, the repair, 
                rehabilitation, or reconstruction of the Pueblo 
                irrigation infrastructure would provide an opportunity 
                to conserve water;
                    (C)(i) the economic and cultural impacts that the 
                Pueblo irrigation infrastructure that is in disrepair 
                has on the applicable Rio Grande Pueblo; and
                    (ii) the economic and cultural benefits that the 
                repair, rehabilitation, or reconstruction of the Pueblo 
                irrigation infrastructure would have on the applicable 
                Rio Grande Pueblo;
                    (D) the opportunity to address water supply or 
                environmental conflicts in the applicable river basin 
                if the Pueblo irrigation infrastructure is repaired, 
                rehabilitated, or reconstructed; and
                    (E) the overall benefits of the project to 
                efficient water operations on the land of the 
                applicable Rio Grande Pueblo.
    (c) Consultation.--In developing the list of projects under 
subsection (a)(1)(B), 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--
            (1) to assist in evaluating projects to repair, 
        rehabilitate, or reconstruct Pueblo irrigation infrastructure; 
        and
            (2) to implement--
                    (A) a project recommended for implementation under 
                subsection (a)(1)(B); or
                    (B) 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 the date of enactment 
of this Act, the Secretary shall submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Resources of the 
House of Representatives a report that includes--
            (1) the list of projects recommended for implementation 
        under subsection (a)(1)(B); and
            (2) any findings of the Secretary with respect to--
                    (A) the study conducted under subsection (a)(1)(A);
                    (B) the consideration of the factors under 
                subsection (b)(2); 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)(2), 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)(1)(B)--
            (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) to carry out the 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 to carry out 
section 4 $4,000,000.
    (b) Projects.--There is authorized to be appropriated to carry out 
section 5 $6,000,000 for each of fiscal years 2010 through 2019.
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