[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1264 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1264

   To require the Secretary of the Interior to assess the irrigation 
infrastructure of the Pine River Indian Irrigation Project in the State 
     of Colorado and provide grants to, and enter into cooperative 
   agreements with, the Southern Ute Indian Tribe to assess, repair, 
  rehabilitate, or reconstruct existing infrastructure, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 15, 2009

   Mr. Udall of Colorado (for himself and Mr. Bennet) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

_______________________________________________________________________

                                 A BILL


 
   To require the Secretary of the Interior to assess the irrigation 
infrastructure of the Pine River Indian Irrigation Project in the State 
     of Colorado and provide grants to, and enter into cooperative 
   agreements with, the Southern Ute Indian Tribe to assess, 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 ``Pine River Indian Irrigation Project 
Act of 2009''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (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) a report of the Government Accountability Office 
        dated 2006 identified significant issues with the Pine River 
        Indian Irrigation Project, including the issue that, at the 
        time of the study, the Bureau of Indian Affairs estimated that 
        total deferred maintenance costs for the Project exceeded 
        $20,000,000; and
            (B) other estimates have placed those costs at more than 
        $60,000,000;
            (3) the report of the Government Accountability Office 
        demonstrates that key facilities of the Project are severely 
        deteriorated;
            (4) operations and maintenance fees are not sufficient to 
        address the condition of the Project, even though the Bureau of 
        Indian Affairs has sought to double those fees, from $8.50 to 
        $17, in recent years;
            (5) the report of the Government Accountability Office also 
        notes that a prior study done by the Bureau of Reclamation 
        determined that water users could not afford to pay operations 
        and maintenance fees of $8.50 and operate a profitable farming 
        operation;
            (6) the benefits of rehabilitating and repairing the 
        irrigation infrastructure of the Project include--
                    (A) water conservation;
                    (B) extending available water supply;
                    (C) increased agricultural production;
                    (D) economic benefits;
                    (E) safer facilities; and
                    (F) the preservation of the culture of the Southern 
                Ute Indian Tribe;
            (7) while, as of the date of enactment of this Act, the 
        Project is 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; and
            (8) rehabilitation and repair of the infrastructure of the 
        Project 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.
    (b) Purpose.--The purpose of this Act is to require the Secretary 
of the Interior--
            (1) to assess the condition of infrastructure of the Pine 
        River Indian Irrigation Project;
            (2) to establish priorities for the rehabilitation of 
        irrigation infrastructure within the Project according to 
        specified criteria; and
            (3) to implement rehabilitation activities for the 
        irrigation infrastructure of the Project.

SEC. 3. 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.

SEC. 4. STUDY OF IRRIGATION INFRASTRUCTURE OF PROJECT.

    (a) Study.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Tribe, shall--
                    (A) conduct a study of the irrigation 
                infrastructure of the Project; and
                    (B) based on the results of the study, develop a 
                list of activities (including a cost estimate for each 
                activity) that are recommended to be implemented during 
                the 10-year period beginning on the date of completion 
                of the study to repair, rehabilitate, or reconstruct 
                that irrigation infrastructure.
            (2) Factors for consideration.--
                    (A) In general.--In developing the list under 
                paragraph (1)(B), the Secretary shall give priority to 
                activities based on--
                            (i) a review of the priority factors 
                        described in subparagraph (B) with respect to 
                        the activity;
                            (ii) recommendations of the Tribe, if any; 
                        and
                            (iii) a consideration of the projected 
                        benefits of each activity on completion of the 
                        Project.
                    (B) Priority factors.--The priority factors 
                referred to in subparagraph (A)(i) are--
                            (i) any threat to the health and safety 
                        of--
                                    (I) a member of the Tribe;
                                    (II) an employee of the irrigation 
                                operations and maintenance program of 
                                the Bureau of Indian Affairs; or
                                    (III) the general public;
                            (ii) the extent of disrepair of the 
                        irrigation infrastructure of the Project and 
                        the effect of the disrepair on the ability of 
                        users of the Project to irrigate agricultural 
                        land using that irrigation infrastructure;
                            (iii) whether, and the extent to which, the 
                        repair, rehabilitation, or reconstruction of 
                        the irrigation infrastructure of the Project 
                        would provide an opportunity to conserve water;
                            (iv)(I) the economic and cultural impacts 
                        the irrigation infrastructure of the Project 
                        that is in disrepair has on the Tribe; and
                            (II) the economic and cultural benefits 
                        that the repair, rehabilitation, or 
                        reconstruction of that irrigation 
                        infrastructure would have on the Tribe;
                            (v) the opportunity to address water supply 
                        or environmental conflicts if the irrigation 
                        infrastructure of the Project is repaired, 
                        rehabilitated, or reconstructed; and
                            (vi) the overall benefits of the activity 
                        to efficient water operations on the land of 
                        the Tribe.
            (3) Consultation.--In carrying out the study under this 
        subsection, the Secretary shall consult with the Assistant 
        Secretary for Indian Affairs and other relevant Federal and 
        local officials to evaluate the extent to which programs under 
        the jurisdiction of each Federal and local agency may be used 
        to develop--
                    (A) the list of activities under paragraph (1)(B); 
                or
                    (B) the report under subsection (b).
    (b) Report.--
            (1) In general.--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, the 
        Committee on Natural Resources of the House of Representatives, 
        and the Tribe a report that includes--
                    (A) the list of activities recommended for 
                implementation under subsection (a)(1)(B); and
                    (B) any findings of the Secretary with respect to--
                            (i) the study under subsection (a);
                            (ii) consideration of the factors described 
                        in subsection (a)(2); and
                            (iii) any consultation required under 
                        subsection (a)(3).
            (2) Biennial review.--Not later than 2 years after the date 
        on which the Secretary submits the report under paragraph (1) 
        and every 2 years thereafter, the Secretary, in consultation 
        with the Tribe, shall--
                    (A) review the report; and
                    (B) update the list of activities under subsection 
                (a)(1)(B) in accordance with each factor described in 
                subsection (a)(2), as the Secretary determines to be 
                appropriate.

SEC. 5. IRRIGATION INFRASTRUCTURE GRANTS AND AGREEMENTS.

    (a) In General.--Subject to subsection (b), the Secretary may 
provide grants to, and enter into cooperative agreements with, the 
Tribe to plan, design, construct, or otherwise implement any activity 
to repair, rehabilitate, reconstruct, or replace irrigation 
infrastructure of the Project, if the activity is recommended for 
implementation on the list under section 4(a)(1)(B).
    (b) Limitation.--Assistance provided under subsection (a) shall not 
be used for any on-farm improvement.
    (c) Consultation and Coordination.--In providing assistance under 
subsection (a), the Secretary shall--
            (1) consult with, and obtain the approval of, the Tribe;
            (2) consult with the Assistant Secretary for Indian 
        Affairs; and
            (3) as appropriate, coordinate the activity with any work 
        being conducted under the irrigation operations and maintenance 
        program of the Bureau of Indian Affairs.
    (d) Cost Sharing Requirement.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of the total cost of carrying out an activity 
        using assistance under subsection (a) shall be not more than 75 
        percent.
            (2) Exception.--The Secretary may waive or limit the non-
        Federal share required under paragraph (1) on request of the 
        Tribe.

SEC. 6. EFFECT OF ACT.

    (a) Water Rights of Tribe.--Nothing in this Act (including the 
implementation of any activity carried out in accordance with this Act) 
affects any 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.
    (b) State Water Law.--Nothing in this Act preempts or affects--
            (1) any provision of water law of the State; or
            (2) any interstate compact governing water.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Study.--There is authorized to be appropriated to carry out the 
study under section 4 $4,000,000.
    (b) Irrigation Infrastructure Grants and Agreements.--There is 
authorized to be appropriated to carry out section 5 $10,000,000 for 
each of fiscal years 2010 through 2015.
                                 <all>