[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2717 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 686
114th CONGRESS
  2d Session
                                S. 2717

                          [Report No. 114-382]

  To improve the safety and address the deferred maintenance needs of 
 Indian dams to prevent flooding on Indian reservations, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2016

Mr. Barrasso (for himself, Mr. McCain, and Mr. Heinrich) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Indian Affairs

                           November 17, 2016

              Reported by Mr. Barrasso, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To improve the safety and address the deferred maintenance needs of 
 Indian dams to prevent flooding on Indian reservations, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Dam 
Repairs and Improvements for Tribes Act of 2016'' or the ``DRIFT Act of 
2016''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
     <DELETED>TITLE I--INDIAN DAM SAFETY DEFERRED MAINTENANCE FUNDS

                 <DELETED>Subtitle A--High-Hazard Fund

<DELETED>Sec. 101. Establishment.
<DELETED>Sec. 102. Deposits to Fund.
<DELETED>Sec. 103. Expenditures from Fund.
<DELETED>Sec. 104. Investments of amounts.
<DELETED>Sec. 105. Transfers of amounts.
<DELETED>Sec. 106. Termination.
                  <DELETED>Subtitle B--Low-Hazard Fund

<DELETED>Sec. 111. Establishment.
<DELETED>Sec. 112. Deposits to Fund.
<DELETED>Sec. 113. Expenditures from Fund.
<DELETED>Sec. 114. Investments of amounts.
<DELETED>Sec. 115. Transfers of amounts.
<DELETED>Sec. 116. Termination.
  <DELETED>TITLE II--REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN 
                              INDIAN DAMS

               <DELETED>Subtitle A--Program Establishment

<DELETED>Sec. 201. Repair, replacement, and maintenance of certain 
                            Indian dams.
<DELETED>Sec. 202. Eligible dams.
<DELETED>Sec. 203. Requirements and conditions.
<DELETED>Sec. 204. Tribal consultation and user input.
<DELETED>Sec. 205. Allocation among dams.
                    <DELETED>Subtitle B--Management

<DELETED>Sec. 211. Tribal Safety of Dams Committee.
<DELETED>Sec. 212. Indian dam surveys.
<DELETED>Sec. 213. Flood plain management pilot program.
<DELETED>Sec. 214. Tribal Partnership Program.
<DELETED>Sec. 215. Cost-sharing for Indian tribes.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Dam.--</DELETED>
                <DELETED>    (A) In general.--The term ``dam'' has the 
                meaning given the term in section 2 of the National Dam 
                Safety Program Act (33 U.S.C. 467).</DELETED>
                <DELETED>    (B) Inclusions.--The term ``dam'' includes 
                any structure, facility, equipment, or vehicle used in 
                connection with the operation of a dam.</DELETED>
        <DELETED>    (2) Fund.--The term ``Fund'' means, as 
        applicable--</DELETED>
                <DELETED>    (A) the High-Hazard Indian Dam Safety 
                Deferred Maintenance Fund established by section 101; 
                or</DELETED>
                <DELETED>    (B) the Low-Hazard Indian Dam Safety 
                Deferred Maintenance Fund established by section 
                111.</DELETED>
        <DELETED>    (3) High hazard potential dam.--The term ``high 
        hazard potential dam'' means a dam assigned to the significant 
        or high hazard potential classification under the guidelines 
        published by the Federal Emergency Management Agency entitled 
        ``Federal Guidelines for Dam Safety: Hazard Potential 
        Classification System for Dams'' (FEMA Publication Number 
        333).</DELETED>
        <DELETED>    (4) 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).</DELETED>
        <DELETED>    (5) Low hazard potential dam.--The term ``low 
        hazard potential dam'' means a dam assigned to the low hazard 
        potential classification under the guidelines published by the 
        Federal Emergency Management Agency entitled ``Federal 
        Guidelines for Dam Safety: Hazard Potential Classification 
        System for Dams'' (FEMA Publication Number 333).</DELETED>
        <DELETED>    (6) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the Assistant 
        Secretary for Indian Affairs, in consultation with the 
        Secretary of the Army.</DELETED>

       <DELETED>TITLE I--INDIAN DAM SAFETY DEFERRED MAINTENANCE 
                            FUNDS</DELETED>

            <DELETED>Subtitle A--High-Hazard Fund</DELETED>

<DELETED>SEC. 101. ESTABLISHMENT.</DELETED>

<DELETED>    There is established in the Treasury of the United States 
a fund, to be known as the ``High-Hazard Indian Dam Safety Deferred 
Maintenance Fund'', consisting of--</DELETED>
        <DELETED>    (1) such amounts as are deposited in the Fund 
        under section 102; and</DELETED>
        <DELETED>    (2) any interest earned on investment of amounts 
        in the Fund under section 104.</DELETED>

<DELETED>SEC. 102. DEPOSITS TO FUND.</DELETED>

<DELETED>    (a) In General.--For each of fiscal years 2017 through 
2037, the Secretary of the Treasury shall deposit in the Fund 
$22,750,000 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).</DELETED>
<DELETED>    (b) Availability of Amounts.--Amounts deposited in the 
Fund under subsection (a) shall be used, subject to appropriation, to 
carry out this Act.</DELETED>

<DELETED>SEC. 103. EXPENDITURES FROM FUND.</DELETED>

<DELETED>    (a) In General.--Subject to subsection (b), for each of 
fiscal years 2017 through 2037, the Secretary may, to the extent 
provided in advance in appropriations Acts, expend from the Fund, in 
accordance with this Act, not more than the sum of--</DELETED>
        <DELETED>    (1) $22,750,000; and</DELETED>
        <DELETED>    (2) the amount of interest accrued in the 
        Fund.</DELETED>
<DELETED>    (b) Additional Expenditures.--The Secretary may expend 
more than $22,750,000 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 1 or more prior fiscal years.</DELETED>

<DELETED>SEC. 104. INVESTMENTS OF AMOUNTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 105. TRANSFERS OF AMOUNTS.</DELETED>

<DELETED>    (a) In General.--The amounts required to be transferred to 
the Fund under this subtitle 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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 106. TERMINATION.</DELETED>

<DELETED>    On September 30, 2037--</DELETED>
        <DELETED>    (1) the Fund shall terminate; and</DELETED>
        <DELETED>    (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).</DELETED>

             <DELETED>Subtitle B--Low-Hazard Fund</DELETED>

<DELETED>SEC. 111. ESTABLISHMENT.</DELETED>

<DELETED>    There is established in the Treasury of the United States 
a fund, to be known as the ``Low-Hazard Indian Dam Safety Deferred 
Maintenance Fund'', consisting of--</DELETED>
        <DELETED>    (1) such amounts as are deposited in the Fund 
        under section 112; and</DELETED>
        <DELETED>    (2) any interest earned on investment of amounts 
        in the Fund under section 114.</DELETED>

<DELETED>SEC. 112. DEPOSITS TO FUND.</DELETED>

<DELETED>    (a) In General.--For each of fiscal years 2017 through 
2037, the Secretary of the Treasury shall deposit in the Fund 
$10,000,000 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).</DELETED>
<DELETED>    (b) Availability of Amounts.--Amounts deposited in the 
Fund under subsection (a) shall be used, subject to appropriation, to 
carry out this Act.</DELETED>

<DELETED>SEC. 113. EXPENDITURES FROM FUND.</DELETED>

<DELETED>    (a) In General.--Subject to subsection (b), for each of 
fiscal years 2017 through 2037, the Secretary may, to the extent 
provided in advance in appropriations Acts, expend from the Fund, in 
accordance with this Act, not more than the sum of--</DELETED>
        <DELETED>    (1) $10,000,000; and</DELETED>
        <DELETED>    (2) the amount of interest accrued in the 
        Fund.</DELETED>
<DELETED>    (b) Additional Expenditures.--The Secretary may expend 
more than $10,000,000 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 1 or more prior fiscal years.</DELETED>

<DELETED>SEC. 114. INVESTMENTS OF AMOUNTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 115. TRANSFERS OF AMOUNTS.</DELETED>

<DELETED>    (a) In General.--The amounts required to be transferred to 
the Fund under this subtitle 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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 116. TERMINATION.</DELETED>

<DELETED>    On September 30, 2037--</DELETED>
        <DELETED>    (1) the Fund shall terminate; and</DELETED>
        <DELETED>    (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).</DELETED>

  <DELETED>TITLE II--REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN 
                         INDIAN DAMS</DELETED>

          <DELETED>Subtitle A--Program Establishment</DELETED>

<DELETED>SEC. 201. REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN 
              INDIAN DAMS.</DELETED>

<DELETED>    (a) In General.--The Secretary shall establish a program 
to address the deferred maintenance needs of Indian dams that--
</DELETED>
        <DELETED>    (1) create flood risks or other risks to public or 
        employee safety or natural or cultural resources; and</DELETED>
        <DELETED>    (2) unduly impede the management and efficiency of 
        Indian dams.</DELETED>
<DELETED>    (b) Funding.--</DELETED>
        <DELETED>    (1) High-hazard fund.--Consistent with section 
        102, the Secretary shall use or transfer to the Bureau of 
        Indian Affairs not less than $22,750,000 of amounts in the 
        High-Hazard Indian Dam Safety Deferred Maintenance Fund, plus 
        accrued interest, for each of fiscal years 2017 through 2037 to 
        carry out maintenance, repair, and replacement activities for 1 
        or more of the Indian dams described in section 
        202(a).</DELETED>
        <DELETED>    (2) Low-hazard fund.--Consistent with section 112, 
        the Secretary shall use or transfer to the Bureau of Indian 
        Affairs not less than $10,000,000 of amounts in the Low-Hazard 
        Indian Dam Safety Deferred Maintenance Fund, plus accrued 
        interest, for each of fiscal years 2017 through 2037 to carry 
        out maintenance, repair, and replacement activities for 1 or 
        more of the Indian dams described in section 202(b).</DELETED>
<DELETED>    (c) Compliance With Dam Safety Policies.--Maintenance, 
repair, and replacement activities for Indian dams under this Act shall 
be carried out in accordance with the dam safety policies of the 
Director of the Bureau of Indian Affairs established to carry out the 
Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.).</DELETED>

<DELETED>SEC. 202. ELIGIBLE DAMS.</DELETED>

<DELETED>    (a) High Hazard Potential Dams.--The dams eligible for 
funding under section 201(b)(1) are Indian high hazard potential dams 
in the United States that--</DELETED>
        <DELETED>    (1) are included in the safety of dams program 
        established pursuant to the Indian Dams Safety Act of 1994 (25 
        U.S.C. 3801 et seq.); and</DELETED>
        <DELETED>    (2)(A)(i) are owned by the Federal Government, as 
        listed in the Federal inventory required by Executive Order 
        13327 (40 U.S.C. 121 note; relating to Federal real property 
        asset management); and</DELETED>
                <DELETED>    (ii) are managed by the Bureau of Indian 
                Affairs (including dams managed under contracts or 
                compacts pursuant to the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450 et seq.)); 
                or</DELETED>
        <DELETED>    (B) have deferred maintenance documented by the 
        Bureau of Indian Affairs.</DELETED>
<DELETED>    (b) Low Hazard Potential Dams.--The dams eligible for 
funding under section 201(b)(2) are Indian low hazard potential dams in 
the United States that, on the date of enactment of this Act--
</DELETED>
        <DELETED>    (1) are covered under the Indian Dams Safety Act 
        of 1994 (25 U.S.C. 3801 et seq.); and</DELETED>
        <DELETED>    (2)(A)(i) are owned by the Federal Government, as 
        listed in the Federal inventory required by Executive Order 
        13327 (40 U.S.C. 121 note; relating to Federal real property 
        asset management); and</DELETED>
                <DELETED>    (ii) are managed by the Bureau of Indian 
                Affairs (including dams managed under contracts or 
                compacts pursuant to the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450 et seq.)); 
                or</DELETED>
        <DELETED>    (B) have deferred maintenance documented by the 
        Bureau of Indian Affairs.</DELETED>

<DELETED>SEC. 203. REQUIREMENTS AND CONDITIONS.</DELETED>

<DELETED>    Not later than 120 days after the date of enactment of 
this Act and as a precondition to amounts being expended from the Fund 
to carry out this subtitle, the Secretary, in consultation with 
representatives of affected Indian tribes, shall develop and submit to 
Congress--</DELETED>
        <DELETED>    (1) programmatic goals to carry out this subtitle 
        that--</DELETED>
                <DELETED>    (A) would enable the completion of 
                repairing, replacing, improving, or performing 
                maintenance on Indian dams as expeditiously as 
                practicable, subject to the dam safety policies of the 
                Director of the Bureau of Indian Affairs established to 
                carry out the Indian Dams Safety Act of 1994 (25 U.S.C. 
                3801 et seq.);</DELETED>
                <DELETED>    (B) facilitate or improve the ability of 
                the Bureau of Indian Affairs to carry out the mission 
                of the Bureau of Indian Affairs in operating an Indian 
                dam; and</DELETED>
                <DELETED>    (C) ensure that the results of government-
                to-government consultation required under section 204 
                be addressed; and</DELETED>
        <DELETED>    (2) funding prioritization criteria to serve as a 
        methodology for distributing funds under this subtitle that 
        take into account--</DELETED>
                <DELETED>    (A) the extent to which deferred 
                maintenance of Indian dams poses a threat to--
                </DELETED>
                        <DELETED>    (i) public or employee safety or 
                        health;</DELETED>
                        <DELETED>    (ii) natural or cultural 
                        resources; or</DELETED>
                        <DELETED>    (iii) the ability of the Bureau of 
                        Indian Affairs to carry out the mission of the 
                        Bureau of Indian Affairs in operating an Indian 
                        dam;</DELETED>
                <DELETED>    (B) the extent to which repairing, 
                replacing, improving, or performing maintenance on an 
                Indian dam will--</DELETED>
                        <DELETED>    (i) improve public or employee 
                        safety, health, or accessibility;</DELETED>
                        <DELETED>    (ii) assist in compliance with 
                        codes, standards, laws, or other 
                        requirements;</DELETED>
                        <DELETED>    (iii) address unmet needs; 
                        or</DELETED>
                        <DELETED>    (iv) assist in protecting natural 
                        or cultural resources;</DELETED>
                <DELETED>    (C) the methodology of the rehabilitation 
                priority index of the Secretary, as in effect on the 
                date of enactment of this Act;</DELETED>
                <DELETED>    (D) the potential economic benefits of the 
                expenditures on job creation and general economic 
                development in the affected tribal 
                communities;</DELETED>
                <DELETED>    (E) the ability of an Indian dam to 
                address tribal, regional, and watershed level flood 
                prevention needs;</DELETED>
                <DELETED>    (F) the need to comply with the dam safety 
                policies of the Director of the Bureau of Indian 
                Affairs established to carry out the Indian Dams Safety 
                Act of 1994 (25 U.S.C. 3801 et seq.);</DELETED>
                <DELETED>    (G) the ability of the water storage 
                capacity of an Indian dam to be increased to prevent 
                flooding in downstream tribal and nontribal 
                communities; and</DELETED>
                <DELETED>    (H) such other factors as the Secretary 
                determines to be appropriate to prioritize the use of 
                available funds that are, to the fullest extent 
                practicable, consistent with tribal and user 
                recommendations received pursuant to the consultation 
                and input process under section 204.</DELETED>

<DELETED>SEC. 204. TRIBAL CONSULTATION AND USER INPUT.</DELETED>

<DELETED>    (a) In General.--Except as provided in subsection (b), 
before expending funds on an Indian dam pursuant to section 201 and not 
later than 60 days after the date of enactment of this Act, the 
Secretary shall--</DELETED>
        <DELETED>    (1) consult with the Director of the Bureau of 
        Indian Affairs on the expenditure of funds;</DELETED>
        <DELETED>    (2) ensure that the Director of the Bureau of 
        Indian Affairs advises the Indian tribe that has jurisdiction 
        over the land on which a dam eligible to receive funding under 
        section 202 is located on the expenditure of funds; 
        and</DELETED>
        <DELETED>    (3) solicit and consider the input, comments, and 
        recommendations of the landowners served by the Indian 
        dam.</DELETED>
<DELETED>    (b) Emergencies.--If the Secretary determines that an 
emergency circumstance exists with respect to an Indian dam, subsection 
(a) shall not apply with respect to that Indian dam.</DELETED>

<DELETED>SEC. 205. ALLOCATION AMONG DAMS.</DELETED>

<DELETED>    (a) In General.--Subject to subsection (b), to the maximum 
extent practicable, the Secretary shall ensure that, for each of fiscal 
years 2017 through 2037, each Indian dam eligible for funding under 
section 202 that has critical maintenance needs receives part of the 
funding under section 201 to address critical maintenance 
needs.</DELETED>
<DELETED>    (b) Priority.--In allocating amounts under section 201(b), 
in addition to considering the funding priorities described in section 
203, the Secretary shall give priority to Indian dams eligible for 
funding under section 202 that serve--</DELETED>
        <DELETED>    (1) more than 1 Indian tribe within an Indian 
        reservation; or</DELETED>
        <DELETED>    (2) highly populated Indian communities, as 
        determined by the Secretary.</DELETED>
<DELETED>    (c) Cap on Funding.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2), in 
        allocating amounts under section 201(b), the Secretary shall 
        allocate not more than $10,000,000 to any individual dam 
        described in section 202 during any consecutive 3-year 
        period.</DELETED>
        <DELETED>    (2) Exception.--Notwithstanding the cap described 
        in paragraph (1), if the full amount under section 201(b) 
        cannot be fully allocated to eligible Indian dams because the 
        costs of the remaining activities authorized in section 201(b) 
        of an Indian dam would exceed the cap described in paragraph 
        (1), the Secretary may allocate the remaining funds to eligible 
        Indian dams in accordance with this subtitle.</DELETED>
<DELETED>    (d) Basis of Funding.--Any amounts made available under 
this section shall be nonreimbursable.</DELETED>
<DELETED>    (e) Applicability of ISDEAA.--The Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 
shall apply to activities carried out under this section.</DELETED>

               <DELETED>Subtitle B--Management</DELETED>

<DELETED>SEC. 211. TRIBAL SAFETY OF DAMS COMMITTEE.</DELETED>

<DELETED>    (a) Establishment of Committee.--</DELETED>
        <DELETED>    (1) Establishment.--The Secretary of the Interior 
        shall establish within the Bureau of Indian Affairs the Tribal 
        Safety of Dams Committee (referred to in this section as the 
        ``Committee'').</DELETED>
        <DELETED>    (2) Membership.--</DELETED>
                <DELETED>    (A) Composition.--The Committee shall be 
                composed of 15 members, of whom--</DELETED>
                        <DELETED>    (i) 11 shall be appointed by the 
                        Secretary of the Interior from among 
                        individuals who, to the maximum extent 
                        practicable, have knowledge and expertise in 
                        dam safety issues and flood prevention and 
                        mitigation, of whom not less than 1 shall be a 
                        member of an Indian tribe in each of--
                        </DELETED>
                                <DELETED>    (I) the Intermountain 
                                West;</DELETED>
                                <DELETED>    (II) the Great 
                                Plains;</DELETED>
                                <DELETED>    (III) the Pacific 
                                Northwest;</DELETED>
                                <DELETED>    (IV) the 
                                Southwest;</DELETED>
                                <DELETED>    (V) the Southeast; 
                                and</DELETED>
                                <DELETED>    (VI) the 
                                Northeast;</DELETED>
                        <DELETED>    (ii) 2 shall be appointed by the 
                        Secretary of the Interior from among employees 
                        of the Bureau of Indian Affairs who have 
                        knowledge and expertise in dam safety issues 
                        and flood prevention and mitigation;</DELETED>
                        <DELETED>    (iii) 1 shall be appointed by the 
                        Secretary of the Interior from among employees 
                        of the Bureau of Reclamation who have knowledge 
                        and expertise in dam safety issues and flood 
                        prevention and mitigation; and</DELETED>
                        <DELETED>    (iv) 1 shall be appointed by the 
                        Secretary of the Army from among employees of 
                        the Corps of Engineers who have knowledge and 
                        expertise in dam safety issues and flood 
                        prevention and mitigation.</DELETED>
                <DELETED>    (B) Nonvoting members.--The members of the 
                Committee appointed under clauses (ii) and (iii) of 
                subparagraph (A) shall be nonvoting members.</DELETED>
                <DELETED>    (C) Date.--The appointments of the members 
                of the Committee shall be made as soon as practicable 
                after the date of enactment of this Act.</DELETED>
        <DELETED>    (3) Period of appointment.--Members shall be 
        appointed for the life of the Committee.</DELETED>
        <DELETED>    (4) Vacancies.--Any vacancy in the Committee shall 
        not affect the powers of the Committee, but shall be filled in 
        the same manner as the original appointment.</DELETED>
        <DELETED>    (5) Initial meeting.--Not later than 30 days after 
        the date on which all members of the Committee have been 
        appointed, the Committee shall hold the first 
        meeting.</DELETED>
        <DELETED>    (6) Meetings.--The Committee shall meet at the 
        call of the Chairperson.</DELETED>
        <DELETED>    (7) Quorum.--A majority of the members of the 
        Committee shall constitute a quorum, but a lesser number of 
        members may hold hearings.</DELETED>
        <DELETED>    (8) Chairperson and vice chairperson.--The 
        Committee shall select a Chairperson and Vice Chairperson from 
        among the members.</DELETED>
<DELETED>    (b) Duties of the Committee.--</DELETED>
        <DELETED>    (1) Study.--The Committee shall conduct a thorough 
        study of all matters relating to the modernization of the 
        Indian Dams Safety Act of 1994 (25 U.S.C. 3801 et 
        seq.).</DELETED>
        <DELETED>    (2) Recommendations.--The Committee shall develop 
        recommendations for legislation to improve the Indian Dams 
        Safety Act of 1994 (25 U.S.C. 3801 et seq.).</DELETED>
        <DELETED>    (3) Report.--Not later than 1 year after the date 
        on which the Committee holds the first meeting, the Committee 
        shall submit a report containing a detailed statement of the 
        findings and conclusions of the Committee, together with 
        recommendations for legislation that the Committee considers 
        appropriate, to--</DELETED>
                <DELETED>    (A) the Committee on Indian Affairs of the 
                Senate; and</DELETED>
                <DELETED>    (B) the Committee on Natural Resources of 
                the House of Representatives.</DELETED>
<DELETED>    (c) Powers of the Committee.--</DELETED>
        <DELETED>    (1) Hearings.--The Committee may hold such 
        hearings, sit and act at such times and places, take such 
        testimony, and receive such evidence as the Committee considers 
        appropriate to carry out this section.</DELETED>
        <DELETED>    (2) Information from federal agencies.--</DELETED>
                <DELETED>    (A) In general.--The Committee may secure 
                directly from any Federal department or agency such 
                information as the Committee considers necessary to 
                carry out this section.</DELETED>
                <DELETED>    (B) Request.--On request of the 
                Chairperson of the Committee, the head of any Federal 
                department or agency shall furnish information 
                described in subparagraph (A) to the 
                Committee.</DELETED>
        <DELETED>    (3) Postal services.--The Committee may use the 
        United States mails in the same manner and under the same 
        conditions as other departments and agencies of the Federal 
        Government.</DELETED>
        <DELETED>    (4) Gifts.--The Committee may accept, use, and 
        dispose of gifts or donations of services or 
        property.</DELETED>
<DELETED>    (d) Committee Personnel Matters.--</DELETED>
        <DELETED>    (1) Compensation of members.--</DELETED>
                <DELETED>    (A) Non-federal members.--Each member of 
                the Committee who is not an officer or employee of the 
                Federal Government shall be compensated at a rate equal 
                to the daily equivalent of the annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which the member is 
                engaged in the performance of the duties of the 
                Committee.</DELETED>
                <DELETED>    (B) Federal members.--Each member of the 
                Committee who is an officer or employee of the Federal 
                Government shall serve without compensation in addition 
                to that received for services as an officer or employee 
                of the Federal Government.</DELETED>
        <DELETED>    (2) Travel expenses.--The members of the Committee 
        shall be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Committee.</DELETED>
        <DELETED>    (3) Staff.--</DELETED>
                <DELETED>    (A) In general.--</DELETED>
                        <DELETED>    (i) Appointment.--The Chairperson 
                        of the Committee may, without regard to the 
                        civil service laws and regulations, appoint and 
                        terminate an executive director and such other 
                        additional personnel as may be necessary to 
                        enable the Committee to perform the duties of 
                        the Committee.</DELETED>
                        <DELETED>    (ii) Confirmation.--The employment 
                        of an executive director shall be subject to 
                        confirmation by the Committee.</DELETED>
                <DELETED>    (B) Compensation.--The Chairperson of the 
                Committee may fix the compensation of the executive 
                director and other personnel without regard to chapter 
                51 and subchapter III of chapter 53 of title 5, United 
                States Code, relating to classification of positions 
                and General Schedule pay rates, except that the rate of 
                pay for the executive director and other personnel may 
                not exceed the rate payable for level V of the 
                Executive Schedule under section 5316 of that 
                title.</DELETED>
        <DELETED>    (4) Detail of government employees.--Any Federal 
        Government employee may be detailed to the Committee without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.</DELETED>
        <DELETED>    (5) Procurement of temporary and intermittent 
        services.--The Chairperson of the Committee may procure 
        temporary and intermittent services under section 3109(b) of 
        title 5, United States Code, at rates for individuals that do 
        not exceed the daily equivalent of the annual rate of basic pay 
        prescribed for level V of the Executive Schedule under section 
        5316 of that title.</DELETED>
<DELETED>    (e) Termination of the Committee.--The Committee shall 
terminate 90 days after the date on which the Committee submits the 
report under subsection (b)(3).</DELETED>
<DELETED>    (f) Funding.--Of the amounts authorized to be expended 
from either Fund, $1,000,000 shall be made available from either Fund 
during fiscal year 2017 to carry out this section, to remain available 
until expended.</DELETED>

<DELETED>SEC. 212. INDIAN DAM SURVEYS.</DELETED>

<DELETED>    (a) Tribal Reports.--The Secretary shall request that, not 
less frequently than once every 180 days, each Indian tribe submit to 
the Secretary a report providing an inventory of the dams located on 
the land of the Indian tribe.</DELETED>
<DELETED>    (b) BIA Reports.--Not less frequently than once each year, 
the Secretary shall submit to Congress a report describing the 
condition of each dam under the partial or total jurisdiction of the 
Secretary.</DELETED>

<DELETED>SEC. 213. FLOOD PLAIN MANAGEMENT PILOT PROGRAM.</DELETED>

<DELETED>    (a) Establishment.--The Secretary shall establish, within 
the Bureau of Indian Affairs, a flood plain management pilot program 
(referred to in this section as the ``program'') to provide, at the 
request of an Indian tribe, guidance to the Indian tribe relating to 
best practices for the mitigation and prevention of floods, including 
consultation with the Indian tribe on--</DELETED>
        <DELETED>    (1) flood plain mapping; or</DELETED>
        <DELETED>    (2) new construction planning.</DELETED>
<DELETED>    (b) Termination.--The program shall terminate on the date 
that is 4 years after the date of enactment of this Act.</DELETED>
<DELETED>    (c) Funding.--Of the amounts authorized to be expended 
from either Fund, $250,000 shall be made available from either Fund 
during each of fiscal years 2017, 2018, and 2019 to carry out this 
section, to remain available until expended.</DELETED>

<DELETED>SEC. 214. TRIBAL PARTNERSHIP PROGRAM.</DELETED>

<DELETED>    Section 203 of the Water Resources Development Act of 2000 
(33 U.S.C. 2269) is amended by striking subsections (b) through (d) and 
inserting the following:</DELETED>
<DELETED>    ``(b) Program.--</DELETED>
        <DELETED>    ``(1) In general.--In coordination with the heads 
        of other appropriate Federal agencies, the Secretary may 
        provide, in accordance with this subsection, assistance to an 
        Indian tribe with any activity relating to the feasibility, 
        planning, design, or construction of a water resources 
        development project that--</DELETED>
                <DELETED>    ``(A) will substantially benefit an Indian 
                tribe; and</DELETED>
                <DELETED>    ``(B) is located--</DELETED>
                        <DELETED>    ``(i) primarily within Indian 
                        country (as defined in section 1151 of title 
                        18, United States Code, and including land that 
                        is within the jurisdictional area of an 
                        Oklahoma Indian tribe, as determined by the 
                        Secretary of the Interior, and is recognized by 
                        the Secretary of the Interior as eligible for 
                        trust land status under part 151 of title 25, 
                        Code of Federal Regulations (or a successor 
                        regulation)); or</DELETED>
                        <DELETED>    ``(ii) in proximity to an Alaska 
                        Native village.</DELETED>
        <DELETED>    ``(2) Authorized activities.--An activity under 
        paragraph (1) may address--</DELETED>
                <DELETED>    ``(A) projects for flood damage reduction, 
                environmental restoration and protection, and 
                preservation of cultural and natural 
                resources;</DELETED>
                <DELETED>    ``(B) watershed assessments and planning 
                activities; and</DELETED>
                <DELETED>    ``(C) such other projects as the 
                Secretary, in cooperation with Indian tribes and the 
                heads of other appropriate Federal agencies, determines 
                to be appropriate.</DELETED>
        <DELETED>    ``(3) Detailed project reports.--</DELETED>
                <DELETED>    ``(A) In general.--On request of an Indian 
                tribe, the Secretary shall provide to the Indian tribe 
                a report describing, in detail, the feasibility and 
                planning of a water resources development project 
                described in paragraph (1).</DELETED>
                <DELETED>    ``(B) Recommendation.--A report under 
                subparagraph (A) may, but shall not be required to, 
                contain a recommendation on a specific water resources 
                development project.</DELETED>
                <DELETED>    ``(C) Funding.--</DELETED>
                        <DELETED>    ``(i) In general.--Subject to 
                        clause (ii), the Secretary shall use funds made 
                        available to the Secretary to provide a report 
                        under subparagraph (A).</DELETED>
                        <DELETED>    ``(ii) Limitation.--The Secretary 
                        may not use more than $100,000 for any 1 report 
                        under subparagraph (A).</DELETED>
        <DELETED>    ``(4) Design and construction.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary may 
                provide assistance with the design and construction of 
                a water resources development project described in 
                paragraph (1) without specific authorization from 
                Congress if the projected Federal share of the cost of 
                the project is not more than $10,000,000.</DELETED>
                <DELETED>    ``(B) Specific authorization.--A law of 
                Congress authorizing the Secretary to provide 
                assistance with the design and construction of a 
                specific water resources development project described 
                in paragraph (1) shall be required if the projected 
                Federal share of the cost of the project is more than 
                $10,000,000.</DELETED>
        <DELETED>    ``(5) Contracts and compacts.--The Secretary may 
        enter into a contract or compact with 1 or more Indian tribes 
        to conduct any activity under paragraph (1).</DELETED>
<DELETED>    ``(c) Consultation and Coordination With Secretary of the 
Interior.--</DELETED>
        <DELETED>    ``(1) In general.--In recognition of the unique 
        role of the Secretary of the Interior concerning trust 
        responsibilities with Indian tribes and in recognition of 
        mutual trust responsibilities, the Secretary shall consult with 
        the Secretary of the Interior concerning any activity conducted 
        under subsection (b).</DELETED>
        <DELETED>    ``(2) Integration of activities.--The Secretary 
        shall--</DELETED>
                <DELETED>    ``(A) integrate civil works activities of 
                the Department of the Army with activities of the 
                Department of the Interior to avoid conflicts, 
                duplications of effort, or unanticipated adverse 
                effects on Indian tribes; and</DELETED>
                <DELETED>    ``(B) consider the authorities and 
                programs of the Department of the Interior and other 
                Federal agencies in any recommendation concerning any 
                activity conducted under subsection (b).</DELETED>
<DELETED>    ``(d) Cost-Sharing.--</DELETED>
        <DELETED>    ``(1) Ability to pay.--</DELETED>
                <DELETED>    ``(A) In general.--Any cost-sharing 
                agreement for any activity conducted under subsection 
                (b) shall be subject to the ability of the non-Federal 
                interest to pay.</DELETED>
                <DELETED>    ``(B) Use of procedures.--</DELETED>
                        <DELETED>    ``(i) In general.--The ability of 
                        a non-Federal interest to pay shall be 
                        determined by the Secretary in accordance with 
                        procedures established by the 
                        Secretary.</DELETED>
                        <DELETED>    ``(ii) Determination.--Not later 
                        than 180 days after the date of enactment of 
                        the Water Resources Reform and Development Act 
                        of 2014 (Public Law 113-121), the Secretary 
                        shall issue guidance on the procedures 
                        described in clause (i).</DELETED>
        <DELETED>    ``(2) Credit.--The Secretary may credit toward the 
        non-Federal share of the costs of any activity conducted under 
        subsection (b) the cost of services, studies, supplies, or 
        other in-kind contributions provided by the non-Federal 
        interest an amount equal to not more than 100 percent of the 
        cost-share requirement of the non-Federal interest if the 
        Secretary determines that the services, studies, supplies, or 
        other in-kind contributions will facilitate completion of the 
        study.</DELETED>
        <DELETED>    ``(3) Sovereign immunity.--The Secretary shall not 
        require an Indian tribe to waive the sovereign immunity of the 
        Indian tribe as a condition to entering into a cost-sharing 
        agreement under this subsection.''.</DELETED>

<DELETED>SEC. 215. COST-SHARING FOR INDIAN TRIBES.</DELETED>

<DELETED>    Section 1156 of the Water Resources Development Act of 
1986 (33 U.S.C. 2310) is amended--</DELETED>
        <DELETED>    (1) in the section heading, by inserting ``and 
        indian tribes'' after ``territories''; and</DELETED>
        <DELETED>    (2) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``projects in'' and 
                inserting the following:</DELETED>
<DELETED>    ``projects--</DELETED>
        <DELETED>    ``(1) in'';</DELETED>
                <DELETED>    (B) by striking the period at the end and 
                inserting ``; and''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(2) for any Indian tribe (as defined in section 
        102 of the Federally Recognized Indian Tribe List Act of 1994 
        (25 U.S.C. 479a)).''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Dam Repairs and 
Improvements for Tribes Act of 2016'' or the ``DRIFT Act of 2016''.
    (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--INDIAN DAM SAFETY DEFERRED MAINTENANCE FUNDS

                      Subtitle A--High-Hazard Fund

Sec. 101. Establishment.
Sec. 102. Deposits to Fund.
Sec. 103. Expenditures from Fund.
Sec. 104. Investments of amounts.
Sec. 105. Transfers of amounts.
Sec. 106. Termination.

                      Subtitle B--Low-Hazard Fund

Sec. 111. Establishment.
Sec. 112. Deposits to Fund.
Sec. 113. Expenditures from Fund.
Sec. 114. Investments of amounts.
Sec. 115. Transfers of amounts.
Sec. 116. Termination.

 TITLE II--REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN DAMS

                   Subtitle A--Program Establishment

Sec. 201. Repair, replacement, and maintenance of certain Indian dams.
Sec. 202. Eligible dams.
Sec. 203. Requirements and conditions.
Sec. 204. Tribal consultation and user input.
Sec. 205. Allocation among dams.

                         Subtitle B--Management

Sec. 211. Tribal Safety of Dams Committee.
Sec. 212. Indian dam surveys.
Sec. 213. Flood plain management pilot program.
Sec. 214. Tribal Partnership Program.
Sec. 215. Cost-sharing for Indian tribes.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Dam.--
                    (A) In general.--The term ``dam'' has the meaning 
                given the term in section 2 of the National Dam Safety 
                Program Act (33 U.S.C. 467).
                    (B) Inclusions.--The term ``dam'' includes any 
                structure, facility, equipment, or vehicle used in 
                connection with the operation of a dam.
            (2) Fund.--The term ``Fund'' means, as applicable--
                    (A) the High-Hazard Indian Dam Safety Deferred 
                Maintenance Fund established by section 101; or
                    (B) the Low-Hazard Indian Dam Safety Deferred 
                Maintenance Fund established by section 111.
            (3) High hazard potential dam.--The term ``high hazard 
        potential dam'' means a dam assigned to the significant or high 
        hazard potential classification under the guidelines published 
        by the Federal Emergency Management Agency entitled ``Federal 
        Guidelines for Dam Safety: Hazard Potential Classification 
        System for Dams'' (FEMA Publication Number 333).
            (4) 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).
            (5) Low hazard potential dam.--The term ``low hazard 
        potential dam'' means a dam assigned to the low hazard 
        potential classification under the guidelines published by the 
        Federal Emergency Management Agency entitled ``Federal 
        Guidelines for Dam Safety: Hazard Potential Classification 
        System for Dams'' (FEMA Publication Number 333).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Assistant Secretary for 
        Indian Affairs, in consultation with the Secretary of the Army.

         TITLE I--INDIAN DAM SAFETY DEFERRED MAINTENANCE FUNDS

                      Subtitle A--High-Hazard Fund

SEC. 101. ESTABLISHMENT.

    There is established in the Treasury of the United States a fund, 
to be known as the ``High-Hazard Indian Dam Safety Deferred Maintenance 
Fund'', consisting of--
            (1) such amounts as are deposited in the Fund under section 
        102; and
            (2) any interest earned on investment of amounts in the 
        Fund under section 104.

SEC. 102. DEPOSITS TO FUND.

    (a) In General.--For each of fiscal years 2017 through 2037, the 
Secretary of the Treasury shall deposit in the Fund $22,750,000 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).
    (b) Availability of Amounts.--Amounts deposited in the Fund under 
subsection (a) shall be used, subject to appropriation, to carry out 
this Act.

SEC. 103. EXPENDITURES FROM FUND.

    (a) In General.--Subject to subsection (b), for each of fiscal 
years 2017 through 2037, the Secretary may, to the extent provided in 
advance in appropriations Acts, expend from the Fund, in accordance 
with this Act, not more than the sum of--
            (1) $22,750,000; and
            (2) the amount of interest accrued in the Fund.
    (b) Additional Expenditures.--The Secretary may expend more than 
$22,750,000 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 1 or more prior fiscal years.

SEC. 104. INVESTMENTS OF AMOUNTS.

    (a) In General.--The Secretary of the Treasury 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. 105. TRANSFERS OF AMOUNTS.

    (a) In General.--The amounts required to be transferred to the Fund 
under this subtitle shall be transferred at least monthly from 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), 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. 106. TERMINATION.

    On September 30, 2037--
            (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).

                      Subtitle B--Low-Hazard Fund

SEC. 111. ESTABLISHMENT.

    There is established in the Treasury of the United States a fund, 
to be known as the ``Low-Hazard Indian Dam Safety Deferred Maintenance 
Fund'', consisting of--
            (1) such amounts as are deposited in the Fund under section 
        112; and
            (2) any interest earned on investment of amounts in the 
        Fund under section 114.

SEC. 112. DEPOSITS TO FUND.

    (a) In General.--For each of fiscal years 2017 through 2037, the 
Secretary of the Treasury shall deposit in the Fund $10,000,000 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).
    (b) Availability of Amounts.--Amounts deposited in the Fund under 
subsection (a) shall be used, subject to appropriation, to carry out 
this Act.

SEC. 113. EXPENDITURES FROM FUND.

    (a) In General.--Subject to subsection (b), for each of fiscal 
years 2017 through 2037, the Secretary may, to the extent provided in 
advance in appropriations Acts, expend from the Fund, in accordance 
with this Act, not more than the sum of--
            (1) $10,000,000; and
            (2) the amount of interest accrued in the Fund.
    (b) Additional Expenditures.--The Secretary may expend more than 
$10,000,000 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 1 or more prior fiscal years.

SEC. 114. INVESTMENTS OF AMOUNTS.

    (a) In General.--The Secretary of the Treasury 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. 115. TRANSFERS OF AMOUNTS.

    (a) In General.--The amounts required to be transferred to the Fund 
under this subtitle shall be transferred at least monthly from 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), 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. 116. TERMINATION.

    On September 30, 2037--
            (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--REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN DAMS

                   Subtitle A--Program Establishment

SEC. 201. REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN DAMS.

    (a) In General.--The Secretary shall establish a program to address 
the deferred maintenance needs of Indian dams that--
            (1) create flood risks or other risks to public or employee 
        safety or natural or cultural resources; and
            (2) unduly impede the management and efficiency of Indian 
        dams.
    (b) Funding.--
            (1) High-hazard fund.--Consistent with section 102, the 
        Secretary shall use or transfer to the Bureau of Indian Affairs 
        not less than $22,750,000 of amounts in the High-Hazard Indian 
        Dam Safety Deferred Maintenance Fund, plus accrued interest, 
        for each of fiscal years 2017 through 2037 to carry out 
        maintenance, repair, and replacement activities for 1 or more 
        of the Indian dams described in section 202(a).
            (2) Low-hazard fund.--Consistent with section 112, the 
        Secretary shall use or transfer to the Bureau of Indian Affairs 
        not less than $10,000,000 of amounts in the Low-Hazard Indian 
        Dam Safety Deferred Maintenance Fund, plus accrued interest, 
        for each of fiscal years 2017 through 2037 to carry out 
        maintenance, repair, and replacement activities for 1 or more 
        of the Indian dams described in section 202(b).
    (c) Compliance With Dam Safety Policies.--Maintenance, repair, and 
replacement activities for Indian dams under this Act shall be carried 
out in accordance with the dam safety policies of the Director of the 
Bureau of Indian Affairs established to carry out the Indian Dams 
Safety Act of 1994 (25 U.S.C. 3801 et seq.).

SEC. 202. ELIGIBLE DAMS.

    (a) High Hazard Potential Dams.--The dams eligible for funding 
under section 201(b)(1) are Indian high hazard potential dams in the 
United States that--
            (1) are included in the safety of dams program established 
        pursuant to the Indian Dams Safety Act of 1994 (25 U.S.C. 3801 
        et seq.); and
            (2)(A)(i) are owned by the Federal Government, as listed in 
        the Federal inventory required by Executive Order 13327 (40 
        U.S.C. 121 note; relating to Federal real property asset 
        management); and
                    (ii) are managed by the Bureau of Indian Affairs 
                (including dams managed under contracts or compacts 
                pursuant to the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450 et seq.)); or
            (B) have deferred maintenance documented by the Bureau of 
        Indian Affairs.
    (b) Low Hazard Potential Dams.--The dams eligible for funding under 
section 201(b)(2) are Indian low hazard potential dams in the United 
States that, on the date of enactment of this Act--
            (1) are covered under the Indian Dams Safety Act of 1994 
        (25 U.S.C. 3801 et seq.); and
            (2)(A)(i) are owned by the Federal Government, as listed in 
        the Federal inventory required by Executive Order 13327 (40 
        U.S.C. 121 note; relating to Federal real property asset 
        management); and
                    (ii) are managed by the Bureau of Indian Affairs 
                (including dams managed under contracts or compacts 
                pursuant to the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450 et seq.)); or
            (B) have deferred maintenance documented by the Bureau of 
        Indian Affairs.

SEC. 203. REQUIREMENTS AND CONDITIONS.

    Not later than 120 days after the date of enactment of this Act and 
as a precondition to amounts being expended from the Fund to carry out 
this subtitle, the Secretary, in consultation with representatives of 
affected Indian tribes, shall develop and submit to Congress--
            (1) programmatic goals to carry out this subtitle that--
                    (A) would enable the completion of repairing, 
                replacing, improving, or performing maintenance on 
                Indian dams as expeditiously as practicable, subject to 
                the dam safety policies of the Director of the Bureau 
                of Indian Affairs established to carry out the Indian 
                Dams Safety Act of 1994 (25 U.S.C. 3801 et seq.);
                    (B) facilitate or improve the ability of the Bureau 
                of Indian Affairs to carry out the mission of the 
                Bureau of Indian Affairs in operating an Indian dam; 
                and
                    (C) ensure that the results of government-to-
                government consultation required under section 204 be 
                addressed; and
            (2) funding prioritization criteria to serve as a 
        methodology for distributing funds under this subtitle that 
        take into account--
                    (A) the extent to which deferred maintenance of 
                Indian dams poses a threat to--
                            (i) public or employee safety or health;
                            (ii) natural or cultural resources; or
                            (iii) the ability of the Bureau of Indian 
                        Affairs to carry out the mission of the Bureau 
                        of Indian Affairs in operating an Indian dam;
                    (B) the extent to which repairing, replacing, 
                improving, or performing maintenance on an Indian dam 
                will--
                            (i) improve public or employee safety, 
                        health, or accessibility;
                            (ii) assist in compliance with codes, 
                        standards, laws, or other requirements;
                            (iii) address unmet needs; or
                            (iv) assist in protecting natural or 
                        cultural resources;
                    (C) the methodology of the rehabilitation priority 
                index of the Secretary, as in effect on the date of 
                enactment of this Act;
                    (D) the potential economic benefits of the 
                expenditures on job creation and general economic 
                development in the affected tribal communities;
                    (E) the ability of an Indian dam to address tribal, 
                regional, and watershed level flood prevention needs;
                    (F) the need to comply with the dam safety policies 
                of the Director of the Bureau of Indian Affairs 
                established to carry out the Indian Dams Safety Act of 
                1994 (25 U.S.C. 3801 et seq.);
                    (G) the ability of the water storage capacity of an 
                Indian dam to be increased to prevent flooding in 
                downstream tribal and nontribal communities; and
                    (H) such other factors as the Secretary determines 
                to be appropriate to prioritize the use of available 
                funds that are, to the fullest extent practicable, 
                consistent with tribal and user recommendations 
                received pursuant to the consultation and input process 
                under section 204.

SEC. 204. TRIBAL CONSULTATION AND USER INPUT.

    (a) In General.--Except as provided in subsection (b), before 
expending funds on an Indian dam pursuant to section 201 and not later 
than 60 days after the date of enactment of this Act, the Secretary 
shall--
            (1) consult with the Director of the Bureau of Indian 
        Affairs on the expenditure of funds;
            (2) ensure that the Director of the Bureau of Indian 
        Affairs advises the Indian tribe that has jurisdiction over the 
        land on which a dam eligible to receive funding under section 
        202 is located on the expenditure of funds; and
            (3) solicit and consider the input, comments, and 
        recommendations of the landowners served by the Indian dam.
    (b) Emergencies.--If the Secretary determines that an emergency 
circumstance exists with respect to an Indian dam, subsection (a) shall 
not apply with respect to that Indian dam.

SEC. 205. ALLOCATION AMONG DAMS.

    (a) In General.--Subject to subsection (b), to the maximum extent 
practicable, the Secretary shall ensure that, for each of fiscal years 
2017 through 2037, each Indian dam eligible for funding under section 
202 that has critical maintenance needs receives part of the funding 
under section 201 to address critical maintenance needs.
    (b) Priority.--In allocating amounts under section 201(b), in 
addition to considering the funding priorities described in section 
203, the Secretary shall give priority to Indian dams eligible for 
funding under section 202 that serve--
            (1) more than 1 Indian tribe within an Indian reservation; 
        or
            (2) highly populated Indian communities, as determined by 
        the Secretary.
    (c) Cap on Funding.--
            (1) In general.--Subject to paragraph (2), in allocating 
        amounts under section 201(b), the Secretary shall allocate not 
        more than $10,000,000 to any individual dam described in 
        section 202 during any consecutive 3-year period.
            (2) Exception.--Notwithstanding the cap described in 
        paragraph (1), if the full amount under section 201(b) cannot 
        be fully allocated to eligible Indian dams because the costs of 
        the remaining activities authorized in section 201(b) of an 
        Indian dam would exceed the cap described in paragraph (1), the 
        Secretary may allocate the remaining funds to eligible Indian 
        dams in accordance with this subtitle.
    (d) Basis of Funding.--Any amounts made available under this 
section shall be nonreimbursable.
    (e) Applicability of ISDEAA.--The Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.) shall apply to 
activities carried out under this section.

                         Subtitle B--Management

SEC. 211. TRIBAL SAFETY OF DAMS COMMITTEE.

    (a) Establishment of Committee.--
            (1) Establishment.--The Secretary of the Interior shall 
        establish within the Bureau of Indian Affairs the Tribal Safety 
        of Dams Committee (referred to in this section as the 
        ``Committee'').
            (2) Membership.--
                    (A) Composition.--The Committee shall be composed 
                of 15 members, of whom--
                            (i) 11 shall be appointed by the Secretary 
                        of the Interior from among individuals who, to 
                        the maximum extent practicable, have knowledge 
                        and expertise in dam safety issues and flood 
                        prevention and mitigation, of whom not less 
                        than 1 shall be a member of an Indian tribe in 
                        each of the Bureau of Indian Affairs regions 
                        of--
                                    (I) the Northwest Region;
                                    (II) the Pacific Region;
                                    (III) the Western Region;
                                    (IV) the Navajo Region;
                                    (V) the Southwest Region;
                                    (VI) the Rocky Mountain Region;
                                    (VII) the Great Plans Region; and
                                    (VIII) the Midwest Region;
                            (ii) 2 shall be appointed by the Secretary 
                        of the Interior from among employees of the 
                        Bureau of Indian Affairs who have knowledge and 
                        expertise in dam safety issues and flood 
                        prevention and mitigation;
                            (iii) 1 shall be appointed by the Secretary 
                        of the Interior from among employees of the 
                        Bureau of Reclamation who have knowledge and 
                        expertise in dam safety issues and flood 
                        prevention and mitigation; and
                            (iv) 1 shall be appointed by the Secretary 
                        of the Army from among employees of the Corps 
                        of Engineers who have knowledge and expertise 
                        in dam safety issues and flood prevention and 
                        mitigation.
                    (B) Nonvoting members.--The members of the 
                Committee appointed under clauses (ii) and (iii) of 
                subparagraph (A) shall be nonvoting members.
                    (C) Date.--The appointments of the members of the 
                Committee shall be made as soon as practicable after 
                the date of enactment of this Act.
            (3) Period of appointment.--Members shall be appointed for 
        the life of the Committee.
            (4) Vacancies.--Any vacancy in the Committee shall not 
        affect the powers of the Committee, but shall be filled in the 
        same manner as the original appointment.
            (5) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Committee have been appointed, the 
        Committee shall hold the first meeting.
            (6) Meetings.--The Committee shall meet at the call of the 
        Chairperson.
            (7) Quorum.--A majority of the members of the Committee 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (8) Chairperson and vice chairperson.--The Committee shall 
        select a Chairperson and Vice Chairperson from among the 
        members.
    (b) Duties of the Committee.--
            (1) Study.--The Committee shall conduct a thorough study of 
        all matters relating to the modernization of the Indian Dams 
        Safety Act of 1994 (25 U.S.C. 3801 et seq.).
            (2) Recommendations.--The Committee shall develop 
        recommendations for legislation to improve the Indian Dams 
        Safety Act of 1994 (25 U.S.C. 3801 et seq.).
            (3) Report.--Not later than 1 year after the date on which 
        the Committee holds the first meeting, the Committee shall 
        submit a report containing a detailed statement of the findings 
        and conclusions of the Committee, together with recommendations 
        for legislation that the Committee considers appropriate, to--
                    (A) the Committee on Indian Affairs of the Senate; 
                and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
    (c) Powers of the Committee.--
            (1) Hearings.--The Committee may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Committee considers appropriate to 
        carry out this section.
            (2) Information from federal agencies.--
                    (A) In general.--The Committee may secure directly 
                from any Federal department or agency such information 
                as the Committee considers necessary to carry out this 
                section.
                    (B) Request.--On request of the Chairperson of the 
                Committee, the head of any Federal department or agency 
                shall furnish information described in subparagraph (A) 
                to the Committee.
            (3) Postal services.--The Committee may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
            (4) Gifts.--The Committee may accept, use, and dispose of 
        gifts or donations of services or property.
    (d) Committee Personnel Matters.--
            (1) Compensation of members.--
                    (A) Non-federal members.--Each member of the 
                Committee who is not an officer or employee of the 
                Federal Government shall be compensated at a rate equal 
                to the daily equivalent of the annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which the member is 
                engaged in the performance of the duties of the 
                Committee.
                    (B) Federal members.--Each member of the Committee 
                who is an officer or employee of the Federal Government 
                shall serve without compensation in addition to that 
                received for services as an officer or employee of the 
                Federal Government.
            (2) Travel expenses.--The members of the Committee shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Committee.
            (3) Staff.--
                    (A) In general.--
                            (i) Appointment.--The Chairperson of the 
                        Committee may, without regard to the civil 
                        service laws and regulations, appoint and 
                        terminate an executive director and such other 
                        additional personnel as may be necessary to 
                        enable the Committee to perform the duties of 
                        the Committee.
                            (ii) Confirmation.--The employment of an 
                        executive director shall be subject to 
                        confirmation by the Committee.
                    (B) Compensation.--The Chairperson of the Committee 
                may fix the compensation of the executive director and 
                other personnel without regard to chapter 51 and 
                subchapter III of chapter 53 of title 5, United States 
                Code, relating to classification of positions and 
                General Schedule pay rates, except that the rate of pay 
                for the executive director and other personnel may not 
                exceed the rate payable for level V of the Executive 
                Schedule under section 5316 of that title.
            (4) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Committee without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairperson of the Committee may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code, at rates for individuals that do not exceed the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level V of the Executive Schedule under section 5316 of that 
        title.
    (e) Termination of the Committee.--The Committee shall terminate 90 
days after the date on which the Committee submits the report under 
subsection (b)(3).
    (f) Funding.--Of the amounts authorized to be expended from either 
Fund, $1,000,000 shall be made available from either Fund during fiscal 
year 2017 to carry out this section, to remain available until 
expended.

SEC. 212. INDIAN DAM SURVEYS.

    (a) Tribal Reports.--The Secretary shall request that, not less 
frequently than once every 180 days, each Indian tribe submit to the 
Secretary a report providing an inventory of the dams located on the 
land of the Indian tribe.
    (b) BIA Reports.--Not less frequently than once each year, the 
Secretary shall submit to Congress a report describing the condition of 
each dam under the partial or total jurisdiction of the Secretary.

SEC. 213. FLOOD PLAIN MANAGEMENT PILOT PROGRAM.

    (a) Establishment.--The Secretary shall establish, within the 
Bureau of Indian Affairs, a flood plain management pilot program 
(referred to in this section as the ``program'') to provide, at the 
request of an Indian tribe, guidance to the Indian tribe relating to 
best practices for the mitigation and prevention of floods, including 
consultation with the Indian tribe on--
            (1) flood plain mapping; or
            (2) new construction planning.
    (b) Termination.--The program shall terminate on the date that is 4 
years after the date of enactment of this Act.
    (c) Funding.--Of the amounts authorized to be expended from either 
Fund, $250,000 shall be made available from either Fund during each of 
fiscal years 2017, 2018, and 2019 to carry out this section, to remain 
available until expended.

SEC. 214. TRIBAL PARTNERSHIP PROGRAM.

    Section 203 of the Water Resources Development Act of 2000 (33 
U.S.C. 2269) is amended by striking subsections (b) through (d) and 
inserting the following:
    ``(b) Program.--
            ``(1) In general.--In coordination with the heads of other 
        appropriate Federal agencies, the Secretary may provide, in 
        accordance with this subsection, assistance to an Indian tribe 
        with any activity relating to the feasibility, planning, 
        design, or construction of a water resources development 
        project that--
                    ``(A) will substantially benefit an Indian tribe; 
                and
                    ``(B) is located--
                            ``(i) primarily within Indian country (as 
                        defined in section 1151 of title 18, United 
                        States Code, and including land that is within 
                        the jurisdictional area of an Oklahoma Indian 
                        tribe, as determined by the Secretary of the 
                        Interior, and is recognized by the Secretary of 
                        the Interior as eligible for trust land status 
                        under part 151 of title 25, Code of Federal 
                        Regulations (or a successor regulation)); or
                            ``(ii) in proximity to an Alaska Native 
                        village.
            ``(2) Authorized activities.--An activity under paragraph 
        (1) may address--
                    ``(A) projects for flood damage reduction, 
                environmental restoration and protection, and 
                preservation of cultural and natural resources;
                    ``(B) watershed assessments and planning 
                activities; and
                    ``(C) such other projects as the Secretary, in 
                cooperation with Indian tribes and the heads of other 
                appropriate Federal agencies, determines to be 
                appropriate.
            ``(3) Detailed project reports.--
                    ``(A) In general.--On request of an Indian tribe, 
                the Secretary shall provide to the Indian tribe a 
                report describing, in detail, the feasibility and 
                planning of a water resources development project 
                described in paragraph (1).
                    ``(B) Recommendation.--A report under subparagraph 
                (A) may, but shall not be required to, contain a 
                recommendation on a specific water resources 
                development project.
                    ``(C) Funding.--
                            ``(i) In general.--Subject to clause (ii), 
                        the Secretary shall use funds made available to 
                        the Secretary to provide a report under 
                        subparagraph (A).
                            ``(ii) Limitation.--The Secretary may not 
                        use more than $100,000 for any 1 report under 
                        subparagraph (A).
            ``(4) Design and construction.--
                    ``(A) In general.--The Secretary may provide 
                assistance with the design and construction of a water 
                resources development project described in paragraph 
                (1) without specific authorization from Congress if the 
                projected Federal share of the cost of the project is 
                not more than $10,000,000.
                    ``(B) Specific authorization.--A law of Congress 
                authorizing the Secretary to provide assistance with 
                the design and construction of a specific water 
                resources development project described in paragraph 
                (1) shall be required if the projected Federal share of 
                the cost of the project is more than $10,000,000.
            ``(5) Contracts and compacts.--The Secretary may enter into 
        a contract or compact with 1 or more Indian tribes to conduct 
        any activity under paragraph (1).
    ``(c) Consultation and Coordination With Secretary of the 
Interior.--
            ``(1) In general.--In recognition of the unique role of the 
        Secretary of the Interior concerning trust responsibilities 
        with Indian tribes and in recognition of mutual trust 
        responsibilities, the Secretary shall consult with the 
        Secretary of the Interior concerning any activity conducted 
        under subsection (b).
            ``(2) Integration of activities.--The Secretary shall--
                    ``(A) integrate civil works activities of the 
                Department of the Army with activities of the 
                Department of the Interior to avoid conflicts, 
                duplications of effort, or unanticipated adverse 
                effects on Indian tribes; and
                    ``(B) consider the authorities and programs of the 
                Department of the Interior and other Federal agencies 
                in any recommendation concerning any activity conducted 
                under subsection (b).
    ``(d) Cost-Sharing.--
            ``(1) Ability to pay.--
                    ``(A) In general.--Any cost-sharing agreement for 
                any activity conducted under subsection (b) shall be 
                subject to the ability of the non-Federal interest to 
                pay.
                    ``(B) Use of procedures.--
                            ``(i) In general.--The ability of a non-
                        Federal interest to pay shall be determined by 
                        the Secretary in accordance with procedures 
                        established by the Secretary.
                            ``(ii) Determination.--Not later than 180 
                        days after the date of enactment of the Water 
                        Resources Reform and Development Act of 2014 
                        (Public Law 113-121), the Secretary shall issue 
                        guidance on the procedures described in clause 
                        (i).
            ``(2) Credit.--The Secretary may credit toward the non-
        Federal share of the costs of any activity conducted under 
        subsection (b) the cost of services, studies, supplies, or 
        other in-kind contributions provided by the non-Federal 
        interest an amount equal to not more than 100 percent of the 
        cost-share requirement of the non-Federal interest if the 
        Secretary determines that the services, studies, supplies, or 
        other in-kind contributions will facilitate completion of the 
        study.
            ``(3) Sovereign immunity.--The Secretary shall not require 
        an Indian tribe to waive the sovereign immunity of the Indian 
        tribe as a condition to entering into a cost-sharing agreement 
        under this subsection.''.

SEC. 215. COST-SHARING FOR INDIAN TRIBES.

    Section 1156 of the Water Resources Development Act of 1986 (33 
U.S.C. 2310) is amended--
            (1) in the section heading, by inserting ``and indian 
        tribes'' after ``territories''; and
            (2) in subsection (a)--
                    (A) by striking ``projects in'' and inserting the 
                following:
    ``projects--
            ``(1) in'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
            ``(2) for any Indian tribe (as defined in section 102 of 
        the Federally Recognized Indian Tribe List Act of 1994 (25 
        U.S.C. 479a)).''.
                                                       Calendar No. 686

114th CONGRESS

  2d Session

                                S. 2717

                          [Report No. 114-382]

_______________________________________________________________________

                                 A BILL

  To improve the safety and address the deferred maintenance needs of 
 Indian dams to prevent flooding on Indian reservations, and for other 
                               purposes.

_______________________________________________________________________

                           November 17, 2016

                       Reported with an amendment