[Congressional Record Volume 154, Number 51 (Wednesday, April 2, 2008)]
[Senate]
[Pages S2359-S2361]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN:
  S. 2805. A bill to direct the Secretary of the Interior, acting 
through the Commissioner of Reclamation, to assess the irrigation 
infrastructure of the Rio Grande Pueblos in the State of New Mexico and 
provide grants to, and enter into cooperative agreements with, the Rio 
Grande Pueblos to repair, rehabilitate, or reconstruct existing 
infrastructure, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mr. BINGAMAN. Mr. President, I rise today to introduce the Rio Grande 
Pueblos Irrigation Infrastructure Improvement Act of 2008. This 
legislation is based on recommendations made by the 2000 report by the 
Bureau of Reclamation and Bureau of Indian Affairs entitled Pueblo 
Irrigation Facilities Rehabilitation Report. This report identifies the 
serious needs that exist in rehabilitating Pueblo Indian irrigation 
infrastructure, and more importantly, the lack of any existing program 
to meet these challenges.
  The 18 Pueblos of the Rio Grande basin have historically sustained 
themselves through agriculture, irrigating their crops with water from 
the Rio Grande watershed. However, the number of Pueblo irrigation 
works in serious disrepair has placed this way of life in jeopardy. In 
many cases, diversion structures and other facilities are unsafe, 
barely operable, and wholly inefficient, thereby preventing the 
irrigation of historical farmland. Despite the time and effort the 
Pueblo people have committed to operating and maintaining these 
irrigation systems, the tribes lack the financial and technical 
resources to carry out the necessary improvements by themselves.
  Unfortunately, according to a recent GAO Report on the Bureau of 
Indian Affairs' irrigation program, it appears that the BIA also lacks 
the resources necessary to maintain irrigation infrastructure on Indian 
land. Given this and the BIA's historical lack of attention to the 
issue, it is clear that the Bureau of Reclamation may be best suited to 
provide the technical expertise needed to assist the Pueblos. Over the 
last 5 years, Reclamation has funded a number of water conservation 
efforts within its irrigation projects in New Mexico. The work that's 
been done has been highly beneficial, and it's time to include the Rio 
Grande Pueblos in that effort.
  Accordingly, this bill directs the Secretary of the Interior, through 
the Bureau of Reclamation, to work with the eighteen Pueblos in the Rio 
Grande basin to assess Pueblo irrigation infrastructure and initiate 
projects to rehabilitate and repair such infrastructure on Pueblo 
lands. Moreover, the activity authorized in the bill is consistent with 
the goals of Reclamation's Water 2025 program. Recognizing the limited 
resources available within Reclamation, though, the bill directs the 
Secretary of the Interior to work with BIA, the Natural Resources 
Conservation Service, and the Army Corps of Engineers to identify 
opportunities to use the authorities of those agencies to collaborate 
on projects that make sense to all involved.
  By focusing Federal resources and expertise on this problem now, the 
federal government, as part of its trust responsibility, will help 
prevent further deterioration of Pueblo irrigation systems and any 
additional rehabilitation costs in the future. The Rio Grande Pueblos 
will benefit markedly from increased agricultural productivity, 
increased water conservation, and overall safer facilities. More 
importantly however, these improvements have the capacity to assist the 
Pueblos in sustaining their historical way of life, both economically 
and culturally. Finally, the overall health of the Rio Grande basin 
will likely benefit through increased efficiency in water use. For 
these reasons, I urge my colleagues to support this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2805

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Rio Grande Pueblos 
     Irrigation Infrastructure Improvement Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) drought, population increases, and environmental needs 
     are exacerbating water supply issues across the western 
     United States, including the Rio Grande Basin in New Mexico;
       (2) a report developed by the Bureau of Reclamation and the 
     Bureau of Indian Affairs in 2000 identified a serious need 
     for the rehabilitation and repair of irrigation 
     infrastructure of the Rio Grande Pueblos;
       (3) inspection of existing irrigation infrastructure of the 
     Rio Grande Pueblos shows that many key facilities, such as 
     diversion structures and main conveyance ditches, are unsafe 
     and barely, if at all, operable;
       (4) the benefits of rehabilitating and repairing irrigation 
     infrastructure of the Rio Grande Pueblos include--
       (A) water conservation;
       (B) extending available water supplies;
       (C) increased agricultural productivity;
       (D) economic benefits;
       (E) safer facilities; and

[[Page S2360]]

       (F) the preservation of the culture of Indian Pueblos in 
     the State;
       (5) certain Indian Pueblos in the Rio Grande Basin receive 
     water from facilities operated or owned by the Bureau of 
     Reclamation; and
       (6) rehabilitation and repair of irrigation infrastructure 
     of the Rio Grande Pueblos would improve--
       (A) overall water management by the Bureau of Reclamation; 
     and
       (B) the ability of the Bureau of Reclamation to help 
     address potential water supply conflicts in the Rio Grande 
     Basin.
       (b) Purpose.--The purpose of this Act is to direct the 
     Secretary--
       (1) to assess the condition of the irrigation 
     infrastructure of the Rio Grande Pueblos;
       (2) to establish priorities for the rehabilitation of 
     irrigation infrastructure of the Rio Grande Pueblos in 
     accordance with specified criteria; and
       (3) to implement projects to rehabilitate and improve the 
     irrigation infrastructure of the Rio Grande Pueblos.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) 2004 agreement.--The term ``2004 Agreement'' means the 
     agreement entitled ``Agreement By and Between the United 
     States of America and the Middle Rio Grande Conservancy 
     District, Providing for the Payment of Operation and 
     Maintenance Charges on Newly Reclaimed Pueblo Indian Lands in 
     the Middle Rio Grande Valley, New Mexico'' and executed in 
     September 2004 (including any successor agreements and 
     amendments to the agreement).
       (2) Designated engineer.--The term ``designated engineer'' 
     means a Federal employee designated under the Act of February 
     14, 1927 (69 Stat. 1098, chapter 138) to represent the United 
     States in any action involving the maintenance, 
     rehabilitation, or preservation of the condition of any 
     irrigation structure or facility on land located in the Six 
     Middle Rio Grande Pueblos.
       (3) District.--The term ``District'' means the Middle Rio 
     Grande Conservancy District, a political subdivision of the 
     State established in 1925.
       (4) Pueblo irrigation infrastructure.--The term ``Pueblo 
     irrigation infrastructure'' means any diversion structure, 
     conveyance facility, or drainage facility located on land of 
     a Rio Grande Pueblo that is associated with the delivery of 
     water for the irrigation of agricultural land.
       (5) Rio grande basin.--The term ``Rio Grande Basin'' means 
     the headwaters of the Rio Chama and the Rio Grande Rivers 
     (including any tributaries) from the State line between 
     Colorado and New Mexico downstream to the elevation 
     corresponding with the spillway crest of Elephant Butte Dam 
     at 4,457.3 feet mean sea level.
       (6) Rio grande pueblo .--The term ``Rio Grande Pueblo'' 
     means any of the 18 Pueblos that--
       (A) occupy land in the Rio Grande Basin; and
       (B) are included on the list of federally recognized Indian 
     tribes published by the Secretary in accordance with section 
     104 of the Federally Recognized Indian Tribe List Act of 1994 
     (25 U.S.C. 479a-1).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (8) Six middle rio grande pueblos.--The term ``Six Middle 
     Rio Grande Pueblos'' means each of the Pueblos of Cochiti, 
     Santo Domingo, San Felipe, Santa Ana, Sandia, and Isleta.
       (9) Special project.--The term ``special project'' has the 
     meaning given the term in the 2004 Agreement.
       (10) State.--The term ``State'' means the State of New 
     Mexico.

     SEC. 4. IRRIGATION INFRASTRUCTURE STUDY.

       (a) Study.--
       (1) In general.--On the date of enactment of this Act, the 
     Secretary, in accordance with paragraph (2), and in 
     consultation with the Rio Grande Pueblos, shall--
       (A) conduct a study of Pueblo irrigation infrastructure; 
     and
       (B) based on the results of the study, develop a list of 
     projects (including a cost estimate for each project), that 
     are recommended to be implemented over a 10-year period to 
     repair, rehabilitate, or reconstruct Pueblo irrigation 
     infrastructure.
       (2) Required consent.--The Secretary shall carry out 
     paragraph (1) with the consent of each Pueblo that notifies 
     the Secretary of the intention of the Pueblo to participate 
     in--
       (A) the conduct of the study under paragraph (1)(A); and
       (B) the development of the list of projects under paragraph 
     (1)(B).
       (b) Priority.--
       (1) Consideration of factors.--
       (A) In general.--In developing the list of projects under 
     subsection (a)(1)(B), the Secretary shall--
       (i) consider each of the factors described in paragraph 
     (2); and
       (ii) prioritize the projects recommended for implementation 
     based on--

       (I) a review of each of the factors; and
       (II) a consideration of the projected benefits of the 
     project on completion of the project.

       (B) Eligibility of projects.--A project is eligible to be 
     considered and prioritized by the Secretary if the project 
     addresses at least 1 factor described in paragraph (2).
       (2) Factors.--The factors referred to in paragraph (1) 
     are--
       (A)(i) the extent of disrepair of the Pueblo irrigation 
     infrastructure; and
       (ii) the effect of the disrepair on the ability of the 
     applicable Rio Grande Pueblo to irrigate agricultural land 
     using Pueblo irrigation infrastructure;
       (B) whether, and the extent that, the repair, 
     rehabilitation, or reconstruction of the Pueblo irrigation 
     infrastructure would provide an opportunity to conserve 
     water;
       (C)(i) the economic and cultural impacts that the Pueblo 
     irrigation infrastructure that is in disrepair has on the 
     applicable Rio Grande Pueblo; and
       (ii) the economic and cultural benefits that the repair, 
     rehabilitation, or reconstruction of the Pueblo irrigation 
     infrastructure would have on the applicable Rio Grande 
     Pueblo;
       (D) the opportunity to address water supply or 
     environmental conflicts in the applicable river basin if the 
     Pueblo irrigation infrastructure is repaired, rehabilitated, 
     or reconstructed; and
       (E) the overall benefits of the project to efficient water 
     operations on the land of the applicable Rio Grande Pueblo.
       (c) Consultation.--In developing the list of projects under 
     subsection (a)(1)(B), the Secretary shall consult with the 
     Director of the Bureau of Indian Affairs (including the 
     designated engineer with respect to each proposed project 
     that affects the Six Middle Rio Grande Pueblos), the Chief of 
     the Natural Resources Conservation Service, and the Chief of 
     Engineers to evaluate the extent to which programs under the 
     jurisdiction of the respective agencies may be used--
       (1) to assist in evaluating projects to repair, 
     rehabilitate, or reconstruct Pueblo irrigation 
     infrastructure; and
       (2) to implement--
       (A) a project recommended for implementation under 
     subsection (a)(1)(B); or
       (B) any other related project (including on-farm 
     improvements) that may be appropriately coordinated with the 
     repair, rehabilitation, or reconstruction of Pueblo 
     irrigation infrastructure to improve the efficient use of 
     water in the Rio Grande Basin.
       (d) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Resources of the House of Representatives a 
     report that includes--
       (1) the list of projects recommended for implementation 
     under subsection (a)(1)(B); and
       (2) any findings of the Secretary with respect to--
       (A) the study conducted under subsection (a)(1)(A);
       (B) the consideration of the factors under subsection 
     (b)(2); and
       (C) the consultations under subsection (c).
       (e) Biennial Review.--Not later than 2 years after the date 
     on which the Secretary submits the report under subsection 
     (d) and biennially thereafter, the Secretary, in consultation 
     with each Rio Grande Pueblo, shall--
       (1) review the report submitted under subsection (d); and
       (2) update the list of projects described in subsection 
     (d)(1) in accordance with each factor described in subsection 
     (b)(2), as the Secretary determines to be appropriate.

     SEC. 5. IRRIGATION INFRASTRUCTURE GRANTS.

       (a) In General.--The Secretary may provide grants to, and 
     enter into cooperative agreements with, the Rio Grande 
     Pueblos to plan, design, construct, or otherwise implement 
     projects to repair, rehabilitate, reconstruct, or replace 
     Pueblo irrigation infrastructure that are recommended for 
     implementation under section 4(a)(1)(B)--
       (1) to increase water use efficiency and agricultural 
     productivity for the benefit of a Rio Grande Pueblo;
       (2) to conserve water; or
       (3) to otherwise enhance water management or help avert 
     water supply conflicts in the Rio Grande Basin.
       (b) Limitation.--Assistance provided under subsection (a) 
     shall not be used for--
       (1) the repair, rehabilitation, or reconstruction of any 
     major impoundment structure;
       (2) any on-farm improvements; or
       (3) the rehabilitation of any Pueblo irrigation 
     infrastructure for the purpose of irrigating Rio Grande 
     Pueblo land that has not been historically irrigated.
       (c) Consultation.--In carrying out a project under 
     subsection (a), the Secretary shall--
       (1) consult with, and obtain the approval of, the 
     applicable Rio Grande Pueblo;
       (2) consult with the Director of the Bureau of Indian 
     Affairs; and
       (3) as appropriate, coordinate the project with any work 
     being conducted under the irrigation operations and 
     maintenance program of the Bureau of Indian Affairs.
       (d) Cost-Sharing Requirement.--
       (1) Federal share.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Federal share of the total cost of carrying out a project 
     under subsection (a) shall be not more than 75 percent.
       (B) Exception.--The Secretary may waive or limit the non-
     Federal share required under subparagraph (A) if the 
     Secretary determines, based on a demonstration of financial 
     hardship by the Rio Grande Pueblo, that the Rio Grande Pueblo 
     is unable to contribute the required non-Federal share.
       (2) District contributions.--

[[Page S2361]]

       (A) In general.--The Secretary may accept from the District 
     a partial or total contribution toward the non-Federal share 
     required for a project carried out under subsection (a) on 
     land located in any of the Six Middle Rio Grande Pueblos if 
     the Secretary determines that the project is a special 
     project.
       (B) Limitation.--Nothing in subparagraph (A) requires the 
     District to contribute to the non-Federal share of the cost 
     of a project carried out under subsection (a).
       (3) State contributions.--
       (A) In general.--The Secretary may accept from the State a 
     partial or total contribution toward the non-Federal share 
     for a project carried out under subsection (a).
       (B) Limitation.--Nothing in subparagraph (A) requires the 
     State to contribute to the non-Federal share of the cost of a 
     project carried out under subsection (a).
       (4) Form of non-federal share.--The non-Federal share under 
     paragraph (1)(A) may be in the form of in-kind contributions, 
     including the contribution of any valuable asset or service 
     that the Secretary determines would substantially contribute 
     to a project carried out under subsection (a).
       (e) Operation and Maintenance.--The Secretary may not use 
     any amount made available under section 8(b) to carry out the 
     operation or maintenance of any project carried out under 
     subsection (a).

     SEC. 6. EFFECT ON EXISTING AUTHORITY AND RESPONSIBILITIES.

       Nothing in this Act--
       (1) affects any existing project-specific funding 
     authority; or
       (2) limits or absolves the United States from any 
     responsibility to any Rio Grande Pueblo (including any 
     responsibility arising from a trust relationship or from any 
     Federal law (including regulations), Executive order, or 
     agreement between the Federal Government and any Rio Grande 
     Pueblo).

     SEC. 7. EFFECT ON PUEBLO WATER RIGHTS OR STATE WATER LAW.

       (a) Pueblo Water Rights.--Nothing in this Act (including 
     the implementation of any project carried out in accordance 
     with this Act) affects the right of any Pueblo to receive, 
     divert, store, or claim a right to water, including the 
     priority of right and the quantity of water associated with 
     the water right under Federal or State law.
       (b) State Water Law.--Nothing in this Act preempts or 
     affects--
       (1) State water law; or
       (2) an interstate compact governing water.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) Study.--There is authorized to be appropriated to carry 
     out section 4 $4,000,000.
       (b) Projects.--There is authorized to be appropriated to 
     carry out section 5 $6,000,000 for each of fiscal years 2010 
     through 2019.
                                 ______