[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1365 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1365

To authorize the Secretary of the Interior to use designated funding to 
pay for construction of authorized rural water projects, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2015

  Mr. Tester (for himself, Mr. Daines, Mr. Franken, Mr. Heinrich, Ms. 
Heitkamp, Ms. Klobuchar, and Mr. Udall) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of the Interior to use designated funding to 
pay for construction of authorized rural water projects, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Authorized Rural 
Water Projects Completion Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
     TITLE I--RECLAMATION RURAL WATER CONSTRUCTION AND SETTLEMENT 
                          IMPLEMENTATION FUND

Sec. 101. Establishment.
Sec. 102. Accounts.
Sec. 103. Deposits to Fund.
Sec. 104. Expenditures from Fund.
Sec. 105. Investments of amounts.
Sec. 106. Transfers of amounts.
Sec. 107. Termination.
                     TITLE II--RURAL WATER PROJECTS

Sec. 201. Rural water projects.
Sec. 202. Restrictions.
  TITLE III--RECLAMATION INFRASTRUCTURE AND SETTLEMENT IMPLEMENTATION

Sec. 301. Reclamation infrastructure and settlement implementation.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Fund.--The term ``Fund'' means the Reclamation Rural 
        Water Construction and Settlement Implementation Fund 
        established by section 101.
            (2) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (3) Rural water project.--The term ``rural water project'' 
        means a project that is designed to provide domestic, 
        industrial, municipal, or residential water to a small 
        community or group of small communities, including Indian 
        tribes and tribal organizations.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.

     TITLE I--RECLAMATION RURAL WATER CONSTRUCTION AND SETTLEMENT 
                          IMPLEMENTATION FUND

SEC. 101. ESTABLISHMENT.

    There is established in the Treasury of the United States a fund, 
to be known as the ``Reclamation Rural Water Construction and 
Settlement Implementation Fund'', consisting of--
            (1) such amounts as are deposited in the Fund under section 
        103; and
            (2) any interest earned on investment of amounts in the 
        Fund under section 105.

SEC. 102. ACCOUNTS.

    Within the Fund, there are established the following accounts:
            (1) Rural Water Project Account.
            (2) Reclamation Infrastructure and Settlement 
        Implementation Account.

SEC. 103. DEPOSITS TO FUND.

    (a) In General.--For each of fiscal years 2015 through 2035, the 
Secretary of the Treasury shall deposit in the Fund $115,000,000 of the 
revenues that would otherwise be deposited for the fiscal year in the 
reclamation fund established by the first section of the Act of June 
17, 1902 (32 Stat. 388, chapter 1093), of which--
            (1) $80,000,000 for each of the fiscal years shall be 
        deposited in the Rural Water Project Account established under 
        section 102(1); and
            (2) $35,000,000 for each of the fiscal years shall be 
        deposited in the Reclamation Infrastructure and Settlement 
        Implementation Account established under section 102(2).
    (b) Availability of Amounts.--Amounts deposited in the Fund under 
subsection (a) shall--
            (1) be made available in accordance with this section, 
        without further appropriation; and
            (2) be in addition to amounts appropriated for such 
        purposes under any other provision of law.
    (c) Limitation.--Notwithstanding subsections (a) and (b), no 
amounts may be deposited in, or made available from, the Fund under 
those subsections if the transfer or availability of the amounts would 
increase the deficit.

SEC. 104. EXPENDITURES FROM FUND.

    (a) In General.--Subject to subsection (b), for each of fiscal 
years 2015 through 2035, the Secretary may expend from the Fund, in 
accordance with this Act, not more than the sum of--
            (1) $115,000,000, to be allocated from the amounts in the 
        accounts specified in section 102; and
            (2) the amount of interest accrued in the Fund within each 
        account for the fiscal year in which the expenditures are made, 
        with the interest accrued within each account used only for 
        expenditures from that account.
    (b) Additional Expenditures.--
            (1) In general.--The Secretary may expend more than 
        $115,000,000 for any fiscal year referred to in subsection (a) 
        if the additional amounts are available in the Fund as a result 
        of a failure of the Secretary to expend all of the amounts 
        available under subsection (a) in one or more prior fiscal 
        years.
            (2) Retention in accounts.--Any additional amounts referred 
        to in paragraph (1) shall--
                    (A) be retained within the account to which the 
                amounts were designated;
                    (B) accrue interest for the designated account in 
                accordance with this title; and
                    (C) only be expended for the purposes for which 
                expenditures from the designated accounts are 
                authorized.

SEC. 105. INVESTMENTS OF AMOUNTS.

    (a) In General.--The Secretary shall invest such portion of the 
Fund as is not, in the judgment of the Secretary, required to meet 
current withdrawals.
    (b) Credits to Fund.--The interest on, and the proceeds from the 
sale or redemption of, any obligations held in the Fund shall be 
credited to, and form a part of, the Fund.

SEC. 106. TRANSFERS OF AMOUNTS.

    (a) In General.--The amounts required to be transferred to the Fund 
under this title shall be transferred at least monthly from the general 
fund of the Treasury to the Fund on the basis of estimates made by the 
Secretary of the Treasury.
    (b) Adjustments.--Proper adjustment shall be made in amounts 
subsequently transferred to the extent prior estimates are in excess of 
or less than the amounts required to be transferred.

SEC. 107. TERMINATION.

    On September 30, 2035--
            (1) the Fund shall terminate; and
            (2) the unexpended and unobligated balance of the Fund 
        shall be transferred to the reclamation fund established by the 
        first section of the Act of June 17, 1902 (32 Stat. 388, 
        chapter 1093).

                     TITLE II--RURAL WATER PROJECTS

SEC. 201. RURAL WATER PROJECTS.

    Subject to section 202, for each of fiscal years 2015 through 2035, 
the Secretary may use not less than $80,000,000 of the amounts 
available in the Rural Water Project Account established under section 
102(1) to complete construction of rural water projects--
            (1) authorized to be carried out by the Secretary on or 
        before the date of enactment of this Act; or
            (2) for which--
                    (A) pursuant to section 106(e) of the Rural Water 
                Supply Act of 2006 (43 U.S.C. 2405(e)), a feasibility 
                study has been submitted to the Secretary by February 
                27, 2015; and
                    (B) an Act of Congress after the date of enactment 
                of this Act has authorized the construction of the 
                project.

SEC. 202. RESTRICTIONS.

    (a) No Operation and Maintenance Costs.--The Secretary shall not 
use any amounts from the Fund to pay for operation and maintenance 
costs of an authorized rural water project.
    (b) Conditions.--The Secretary shall not expend any amounts from 
the Fund to carry out this title until the date on which the Secretary 
develops--
            (1) programmatic goals to carry out this title that--
                    (A) would enable the completion of construction of 
                the authorized rural water projects as expeditiously as 
                practicable; and
                    (B) reflect--
                            (i) the goals and priorities identified in 
                        the laws authorizing the authorized rural water 
                        projects; and
                            (ii) the goals of the Reclamation Rural 
                        Water Supply Act of 2006 (43 U.S.C. 2401 et 
                        seq.); and
            (2) funding prioritization criteria to serve as a 
        methodology for distributing funds under this title that take 
        into account--
                    (A) an evaluation of the urgent and compelling need 
                for potable water supplies in the affected rural and 
                tribal communities;
                    (B) the status of the current stages of completion 
                of the authorized rural water project;
                    (C) the financial needs of the affected rural and 
                tribal communities;
                    (D) the potential economic benefits of the 
                expenditures on job creation and general economic 
                development in the affected rural and tribal 
                communities;
                    (E) the ability of the authorized rural water 
                project to address regional and watershed level water 
                supply needs;
                    (F) the ability of the authorized rural water 
                project--
                            (i) to minimize water and energy 
                        consumption; and
                            (ii) to encourage the development of 
                        renewable energy resources, such as wind, 
                        solar, and hydropower elements;
                    (G) the need for the authorized rural water project 
                to address--
                            (i) the needs of Indian tribes and members 
                        of Indian tribes; and
                            (ii) other community needs or interests; 
                        and
                    (H) such other factors as the Secretary determines 
                to be appropriate to prioritize the use of available 
                funds.

  TITLE III--RECLAMATION INFRASTRUCTURE AND SETTLEMENT IMPLEMENTATION

SEC. 301. RECLAMATION INFRASTRUCTURE AND SETTLEMENT IMPLEMENTATION.

    Consistent with section 104, for each of fiscal years 2015 through 
2035, the Secretary shall use not less than $35,000,000, plus accrued 
interest, of the amounts authorized to be expended from the Reclamation 
Infrastructure and Settlement Implementation Account established under 
section 102(2)--
            (1) to provide compensation authorized under an Act of 
        Congress to extinguish or otherwise resolve all monetary claims 
        of an Indian tribe against the United States relating to the 
        continued and past use of the land of the Indian tribe by the 
        United States for the generation of hydropower; or
            (2) to complete construction, planning, and design of 
        projects and implement provisions authorized under one or more 
        Acts of Congress that--
                    (A) settle or otherwise resolve, in whole or in 
                part, litigation involving the United States and the 
                rights of one or more federally recognized Indian 
                tribes to access, use, or manage water resources; or
                    (B) implement agreements approved by Congress 
                pursuant to which one or more federally recognized 
                Indian tribes agree to some limitation on the exercise 
                of rights or claims to access, use, or manage water 
                resources.
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