[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 924 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 924
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
February 9, 2009
Mr. Lujan 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.
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