[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 438 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 438

  To provide for the repair, replacement, and maintenance of certain 
                      Indian irrigation projects.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2015

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

_______________________________________________________________________

                                 A BILL


 
  To provide for the repair, replacement, and maintenance of certain 
                      Indian irrigation projects.

    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 ``Irrigation 
Rehabilitation and Renovation for Indian Tribal Governments and Their 
Economies Act'' or the ``IRRIGATE 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--INDIAN IRRIGATION 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.
   TITLE II--REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN 
                          IRRIGATION PROJECTS

Sec. 201. Repair, replacement, and maintenance of certain Indian 
                            irrigation projects.
Sec. 202. Eligible projects.
Sec. 203. Requirements and conditions.
Sec. 204. Study of Indian irrigation program and project management.
Sec. 205. Tribal consultation and user input.
Sec. 206. Allocation among projects.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Fund.--The term ``Fund'' means the Indian Irrigation 
        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) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.

                    TITLE I--INDIAN IRRIGATION FUND

SEC. 101. ESTABLISHMENT.

    There is established in the Treasury of the United States a fund, 
to be known as the ``Indian Irrigation 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. DEPOSITS TO FUND.

    (a) In General.--For each of fiscal years 2015 through 2036, the 
Secretary of the Treasury shall deposit in the Fund $35,000,000 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. 103. EXPENDITURES FROM FUND.

    (a) In General.--Subject to subsection (b), for each of fiscal 
years 2015 through 2036, 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) $35,000,000; and
            (2) the amount of interest accrued in the Fund.
    (b) Additional Expenditures.--The Secretary may expend more than 
$35,000,000 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. 104. 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. 105. 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. 106. TERMINATION.

    On September 30, 2036--
            (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 
                          IRRIGATION PROJECTS

SEC. 201. REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN 
              IRRIGATION PROJECTS.

    (a) In General.--The Secretary shall establish a program to address 
the deferred maintenance needs of Indian irrigation projects that--
            (1) create risks to public or employee safety or natural or 
        cultural resources; and
            (2) unduly impede the management and efficiency of the 
        Indian irrigation program.
    (b) Funding.--Consistent with section 103, the Secretary shall use 
or transfer to the Bureau of Indian Affairs not less than $35,000,000 
of amounts in the Fund, plus accrued interest, for each of fiscal years 
2015 through 2036 to carry out maintenance, repair, and replacement 
activities for 1 or more of the Indian irrigation projects described in 
section 202 (including any structures, facilities, equipment, or 
vehicles used in connection with the operation of those projects).

SEC. 202. ELIGIBLE PROJECTS.

    The projects eligible for funding under section 201(b) are the 
Indian irrigation projects in the western United States that, on the 
date of enactment of this Act--
            (1) 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);
            (2) are managed by the Bureau of Indian Affairs (including 
        projects managed under contracts or compacts pursuant to the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450 et seq.); and
            (3) 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 title, the Secretary, in consultation with the Assistant Secretary 
for Indian Affairs, the Commissioner of Reclamation, and 
representatives of affected Indian tribes, shall develop and submit to 
Congress--
            (1) programmatic goals to carry out this title that--
                    (A) would enable the completion of repairing, 
                replacing, improving, or performing maintenance on 
                projects as expeditiously as possible;
                    (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 a project; and
                    (C) ensure that the results of government-to-
                government consultation required under section 205 be 
                addressed; and
            (2) funding prioritization criteria to serve as a 
        methodology for distributing funds under this title, that take 
        into account--
                    (A) the extent to which deferred maintenance of 
                qualifying irrigation projects poses a threat to public 
                or employee safety or health;
                    (B) the extent to which deferred maintenance poses 
                a threat to natural or cultural resources;
                    (C) the extent to which deferred maintenance poses 
                a threat to the ability of the Bureau of Indian Affairs 
                to carry out the mission of the Bureau of Indian 
                Affairs in operating the project;
                    (D) the extent to which repairing, replacing, 
                improving, or performing maintenance on a facility or 
                structure 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; and
                            (iv) assist in protecting natural or 
                        cultural resources;
                    (E) the methodology of the rehabilitation priority 
                index of the Secretary, as in effect on the date of 
                enactment of this Act;
                    (F) the potential economic benefits of the 
                expenditures on job creation and general economic 
                development in the affected tribal communities;
                    (G) the ability of the qualifying project to 
                address tribal, regional, and watershed level water 
                supply needs; 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 205.

SEC. 204. STUDY OF INDIAN IRRIGATION PROGRAM AND PROJECT MANAGEMENT.

    (a) Tribal Consultation and User Input.--Before beginning to 
conduct the study required under subsection (b), the Secretary shall--
            (1) consult with the Indian tribes that have jurisdiction 
        over the land on which an irrigation project eligible to 
        receive funding under section 202 is located; and
            (2) solicit and consider the input, comments, and 
        recommendations of the landowners served by the irrigation 
        project.
    (b) Study.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of the Interior, acting through the Assistant 
Secretary for Indian Affairs, shall complete a study that evaluates 
options for improving programmatic and project management and 
performance of irrigation projects managed and operated in whole or in 
part by the Bureau of Indian Affairs.
    (c) Report.--On completion of the study under subsection (b), the 
Secretary of the Interior, acting through the Assistant Secretary for 
Indian Affairs, shall submit to the Committees on Energy and Natural 
Resources and Indian Affairs of the Senate and the Committee on Natural 
Resources of the House of Representatives a report that--
            (1) describes the results of the study; and
            (2) includes recommendations for improving programmatic and 
        project management and performance in each qualifying project 
        area and for the program as a whole.
    (d) Funding.--Of the amounts authorized to be expended from the 
Fund, $1,000,000 shall be made available during fiscal year 2015 to 
carry out this section, to remain available until expended.

SEC. 205. TRIBAL CONSULTATION AND USER INPUT.

    Before expending funds on an Indian irrigation project 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 Indian tribe that has jurisdiction 
        over the land on which an irrigation project eligible to 
        receive funding under section 202 is located; and
            (2) solicit and consider the input, comments, and 
        recommendations of the landowners served by the irrigation 
        project.

SEC. 206. ALLOCATION AMONG PROJECTS.

    (a) In General.--Subject to subsection (b), to the maximum extent 
practicable, the Secretary shall ensure that, for each of fiscal years 
2015 through 2036, each Indian irrigation project 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 eligible Indian irrigation 
projects serving more than 1 Indian tribe within an Indian reservation 
and to projects for which funding has not been made available during 
the 15-year period ending on the day before the date of enactment of 
this Act under any other Act of Congress that expressly identifies the 
Indian irrigation project or the Indian reservation of the project to 
address the deferred maintenance, repair, or replacement needs of the 
Indian irrigation project.
    (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 $15,000,000 to any individual Indian irrigation 
        project 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 irrigation projects 
        because the costs of the remaining activities authorized in 
        section 201(b) of an irrigation project would exceed the cap 
        described in paragraph (1), the Secretary may allocate the 
        remaining funds to eligible Indian irrigation projects in 
        accordance with this title.
    (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.
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