[Congressional Record Volume 162, Number 138 (Tuesday, September 13, 2016)]
[Senate]
[Pages S5675-S5677]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5061. Mr. BARRASSO submitted an amendment intended to be proposed 
to amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, to provide for the 
conservation and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

Subtitle B--Irrigation Rehabilitation and Renovation for Indian Tribal 
                    Governments and Their Economies

     SEC. 8101. SHORT TITLE.

       This subtitle may be cited as the ``Irrigation 
     Rehabilitation and Renovation for Indian Tribal Governments 
     and Their Economies Act'' or the ``IRRIGATE Act''.

     SEC. 8102. DEFINITIONS.

       In this subtitle:
       (1) Deferred maintenance.--The term ``deferred 
     maintenance'' means any maintenance activity that was delayed 
     to a future date, in lieu of being carried out at the time at 
     which the activity was scheduled to be, or otherwise should 
     have been, carried out.
       (2) Fund.--The term ``Fund'' means the Indian Irrigation 
     Fund established by section 8111.
       (3) 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. 5304).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

                     PART I--INDIAN IRRIGATION FUND

     SEC. 8111. 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 
     8113; and
       (2) any interest earned on investment of amounts in the 
     Fund under section 8115.

     SEC. 8112. DEPOSITS TO FUND.

       (a) In General.--For each of fiscal years 2017 through 
     2038, the Secretary of the Treasury shall deposit in the Fund 
     $35,000,000 from the general fund of the Treasury.
       (b) Availability of Amounts.--Amounts deposited in the Fund 
     under subsection (a) shall be used, subject to appropriation, 
     to carry out this subtitle.

     SEC. 8113. EXPENDITURES FROM FUND.

       (a) In General.--Subject to subsection (b), for each of 
     fiscal years 2017 through 2038, the Secretary may, to the 
     extent provided in advance in appropriations Acts, expend 
     from the Fund, in accordance with this subtitle, 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. 8114. 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. 8115. TRANSFERS OF AMOUNTS.

       (a) In General.--The amounts required to be transferred to 
     the Fund under this part 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. 8116. TERMINATION.

       On September 30, 2038--
       (1) the Fund shall terminate; and
       (2) the unexpended and unobligated balance of the Fund 
     shall be transferred to the general fund of the Treasury.

    PART II--REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN 
                          IRRIGATION PROJECTS

     SEC. 8121. REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN 
                   INDIAN IRRIGATION PROJECTS.

       (a) In General.--The Secretary shall establish a program to 
     address the deferred maintenance needs and water storage 
     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 8113, 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 2017 through 2038 to carry 
     out maintenance, repair, and replacement activities for 1 or 
     more of the Indian irrigation projects described in section 
     8122 (including any structures, facilities, equipment, 
     personnel, or vehicles used in connection with the operation 
     of those projects), subject to the condition that the funds 
     expended under this part shall not be--
       (1) subject to reimbursement by the owners of the land 
     served by the Indian irrigation projects; or
       (2) assessed as debts or liens against the land served by 
     the Indian irrigation projects.

     SEC. 8122. ELIGIBLE PROJECTS.

       The projects eligible for funding under section 8121(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 and operated by the Bureau of Indian 
     Affairs (including projects managed, operated, or maintained 
     under contracts or compacts pursuant to the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5301 et 
     seq.); and
       (3) have deferred maintenance documented by the Bureau of 
     Indian Affairs.

     SEC. 8123. 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 part, the Secretary, in consultation 
     with the Assistant Secretary for Indian Affairs and 
     representatives of affected Indian tribes, shall develop and 
     submit to Congress--
       (1) programmatic goals to carry out this part that--
       (A) would enable the completion of repairing, replacing, 
     modernizing , or performing maintenance on projects as 
     expeditiously as practicable;
       (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;
       (C) ensure that the results of government-to-government 
     consultation required under section 8125 be addressed; and
       (D) would facilitate the construction of new water storage 
     using non-Federal contributions to address tribal, regional, 
     and watershed-level supply needs; and
       (2) funding prioritization criteria to serve as a 
     methodology for distributing funds under this part, 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, modernizing, 
     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 8125.

     SEC. 8124. STUDY OF INDIAN IRRIGATION PROGRAM AND PROJECT 
                   MANAGEMENT.

       (a) Tribal Consultation and User Input.--Before beginning 
     to conduct the

[[Page S5676]]

     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 8122 is located; and
       (2) solicit and consider the input, comments, and 
     recommendations of--
       (A) the landowners served by the irrigation project; and
       (B) irrigators from adjacent irrigation districts.
       (b) Study.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, 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, acting through the Assistant Secretary 
     for Indian Affairs, shall submit to the Committee on 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;
       (2) determines the cost to financially sustain each 
     project;
       (3) recommends whether management of each project could be 
     improved by transferring management responsibilities to other 
     Federal agencies or water user groups; and
       (4) includes recommendations for improving programmatic and 
     project management and performance--
       (A) in each qualifying project area; and
       (B) for the program as a whole.
       (d) Status Report.--Not later than 2 years after the date 
     of enactment of this Act, and not less frequently than every 
     2 years thereafter, the Secretary, acting through the 
     Assistant Secretary for Indian Affairs, shall submit to the 
     Committee on Indian Affairs of the Senate and the Committee 
     on Natural Resources of the House of Representatives a report 
     that includes a description of--
       (1) the progress made toward addressing the deferred 
     maintenance needs of the Indian irrigation projects described 
     in section 8122, including a list of projects funded during 
     the fiscal period covered by the report;
       (2) the outstanding needs of those projects that have been 
     provided funding to address the deferred maintenance needs 
     pursuant to this part;
       (3) the remaining needs of any of those projects;
       (4) how the goals established pursuant to section 8123 have 
     been met, including--
       (A) an identification and assessment of any deficiencies or 
     shortfalls in meeting those goals; and
       (B) a plan to address the deficiencies or shortfalls in 
     meeting those goals; and
       (5) any other subject matters the Secretary, to the maximum 
     extent practicable consistent with tribal and user 
     recommendations received pursuant to the consultation and 
     input process under this section, determines to be 
     appropriate.

     SEC. 8125. TRIBAL CONSULTATION AND USER INPUT.

       Before expending funds on an Indian irrigation project 
     pursuant to section 8121 and not later than 120 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 8122 is located; and
       (2) solicit and consider the input, comments, and 
     recommendations of--
       (A) the landowners served by the irrigation project; and
       (B) irrigators from adjacent irrigation districts.

     SEC. 8126. 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 2017 through 2038, each Indian irrigation 
     project eligible for funding under section 8122 that has 
     critical maintenance needs receives part of the funding under 
     section 8121 to address critical maintenance needs.
       (b) Priority.--In allocating amounts under section 8121(b), 
     in addition to considering the funding priorities described 
     in section 8123, 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 10-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 8121(b), the Secretary shall allocate 
     not more than $15,000,000 to any individual Indian irrigation 
     project described in section 8122 during any consecutive 3-
     year period.
       (2) Exception.--Notwithstanding the cap described in 
     paragraph (1), if the full amount under section 8121(b) 
     cannot be fully allocated to eligible Indian irrigation 
     projects because the costs of the remaining activities 
     authorized in section 8121(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 part.
       (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. 5301 et seq.) shall 
     apply to activities carried out under this section.
                                 ______
                                 
  SA 5062. Mr. PERDUE (for himself and Mr. Isakson) submitted an 
amendment intended to be proposed to amendment SA 4979 proposed by Mr. 
McConnell (for Mr. Inhofe (for himself and Mrs. Boxer)) to the bill S. 
2848, to provide for the conservation and development of water and 
related resources, to authorize the Secretary of the Army to construct 
various projects for improvements to rivers and harbors of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title I, add the following:

     SEC. 1___. PROJECTS OF NATIONAL SIGNIFICANCE.

       Section 902 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2280) is amended by adding at the end the 
     following:
       ``(c) Projects of National Significance.--
       ``(1) In general.--In the case of a project of national 
     significance (as described in paragraph (2)) that has not 
     been completed, subsection (a)(1) shall not apply.
       ``(2) Projects of national significance described.--A 
     project of national significance means a project for water 
     resources development and conservation and related purposes 
     authorized to be carried out by the Secretary that has a 
     benefit-to-cost ratio equal to or greater than 3.5 to 1, as 
     identified in a report of the Chief of Engineers or a Post 
     Authorization Change Report.''.
                                 ______
                                 
  SA 5063. Mr. SANDERS submitted an amendment intended to be proposed 
to amendment SA 5042 proposed by Mr. Inhofe (for himself and Mrs. 
Boxer) to the amendment SA 4979 proposed by Mr. McConnell (for Mr. 
Inhofe (for himself and Mrs. Boxer)) to the bill S. 2848, to provide 
for the conservation and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 125, between lines 18 and 19, insert the following:

     SEC. 3008. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED 
                   FLOOD CONTROL DAMS.

       (a) In General.--If the Secretary determines that the 
     project is feasible, the Secretary may carry out a project 
     for the rehabilitation of a dam described in subsection (b).
       (b) Eligible Dams.--A dam eligible for assistance under 
     this section is a dam--
       (1) that has been constructed, in whole or in part, by the 
     Corps of Engineers for flood control purposes;
       (2) for which construction was completed before 1940;
       (3) that is classified as ``high hazard potential'' by the 
     State dam safety agency of the State in which the dam is 
     located; and
       (4) that is operated by a non-Federal entity.
       (c) Cost Sharing.--Non-Federal interests shall provide 35 
     percent of the cost of construction of any project carried 
     out under this section, including provision of all land, 
     easements, rights-of-way, and necessary relocations.
       (d) Agreements.--Construction of a project under this 
     section shall be initiated only after a non-Federal interest 
     has entered into a binding agreement with the Secretary--
       (1) to pay the non-Federal share of the costs of 
     construction under subsection (c); and
       (2) to pay 100 percent of any operation, maintenance, and 
     replacement and rehabilitation costs with respect to the 
     project in accordance with regulations prescribed by the 
     Secretary.
       (e) Cost Limitation.--The Secretary shall not expend more 
     than $10,000,000 for a project at any single dam under this 
     section.
       (f) Funding.--There is authorized to be appropriated to 
     carry out this section $25,000,000 for each of fiscal years 
     2017 through 2026.
                                 ______
                                 
  SA 5064. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 5042 proposed by Mr. Inhofe (for himself and Mrs. Boxer) 
to the amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, to provide for the 
conservation and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VIII, add the following:

     SEC. 80__. PROTECTION OF CONGRESSIONAL OVERSIGHT.

       Notwithstanding any other provision of law, the Secretary 
     or the Administrator of

[[Page S5677]]

     the Environmental Protection Agency may not enter into an 
     agreement related to resolving a dispute or claim with an 
     individual that would restrict in any way the individual from 
     speaking to members of Congress or their staff on any topic 
     not otherwise prohibited from disclosure by Federal law.
                                 ______
                                 
  SA 5065. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 5042 proposed by Mr. Inhofe (for himself and Mrs. Boxer) 
to the amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, to provide for the 
conservation and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 1009 and insert the following:

     SEC. 1009. GAO REVIEW AND REPORT.

       Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     conduct a review, and submit to Congress a report on the 
     implementation and effectiveness of the projects carried out 
     under section 219 of the Water Resources Development Act of 
     1992 (Public Law 102-580; 106 Stat. 4835).
                                 ______
                                 
  SA 5066. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 5042 proposed by Mr. Inhofe (for himself and Mrs. Boxer) 
to the amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for 
himself and Mrs. Boxer)) to the bill S. 2848, to provide for the 
conservation and development of water and related resources, to 
authorize the Secretary of the Army to construct various projects for 
improvements to rivers and harbors of the United States, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 65, between lines 5 and 6, insert the following:

     SEC. 10__. GAO REVIEW AND REPORT.

       Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     conduct a review, and submit to Congress a report on the 
     implementation and effectiveness of the projects carried out 
     under section 219 of the Water Resources Development Act of 
     1992 (Public Law 102-580; 106 Stat. 4835).

                          ____________________