[Senate Report 114-382]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 686
114th Congress     }                                     {      Report
                                 SENATE
 2d Session        }                                     {     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.--Ordered to be printed

                                _______
                                

   Mr. Barrasso, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 2717]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 2717) to improve the safety and address the deferred 
maintenance needs of Indian dams to prevent flooding on Indian 
reservations, and for other purposes, having considered the 
same, reports favorably thereon with an amendment (in the 
nature of a substitute) and recommends that the bill, as 
amended, do pass.

                                PURPOSE

    The purpose of S. 2717 is to address the flood prevention 
and dam safety needs in Indian Country by addressing the 
deferred maintenance needs of Bureau of Indian Affairs (BIA) 
dams, as well as reform tribal programs administered by the 
U.S. Army Corps of Engineers.

                          NEED FOR LEGISLATION

    The bill is intended to address the flood prevention and 
dam safety needs in Indian communities. It would address the 
deferred maintenance needs of Bureau of Indian Affairs (BIA) 
dams, as well as reform tribal programs administered by the 
U.S. Army Corps of Engineers.
    These dams are significant components of the water 
resources infrastructure serving reservations and contribute to 
the trust assets of many Indian tribes. A significant backlog 
of inspection and maintenance needs of these dams exists that 
poses a threat to public safety in and around these 
communities. The United States has a trust obligation to 
maintain and operate these dams and prevent potential future 
dam failures.
    The legislation requires the Assistant Secretary for Indian 
Affairs, in consultation with the Secretary of the Army, to 
address the maintenance backlog of BIA dams by establishing a 
High-Hazard Indian Dam Safety Deferred Maintenance Fund and a 
Low-Hazard Indian Dam Safety Deferred Maintenance Fund. The 
DRIFT Act establishes conditions for how the uses for the funds 
are to be prioritized, based on criteria such as threats to 
public safety, natural or cultural resources, and economic 
concerns. The legislation also seeks to make other important 
flood prevention and dam safety policy reforms for both the BIA 
and the U.S. Army Corps of Engineers.

                               BACKGROUND

                       BIA Safety of Dams Program

    The Indian Dam Safety Act of 1994 provides the BIA with the 
responsibilities for rehabilitating and maintaining dams on 
Indian lands.\1\ The mission of the Safety of Dams Program 
established by the Indian Dam Safety Act of 1994 and 
administered by the BIA is to ``reduce the potential loss of 
human life and property damage caused by dam failure.''\2\ 
According to the BIA, the current deferred maintenance and 
repair needs for BIA dams are more than $556 million.\3\ The 
maintenance backlog has increased ``approximately 6 percent per 
year'' since 2010.\4\
---------------------------------------------------------------------------
    \1\Legislative Hearing on S.2205, S.2421, S.2564, S.2643, and 
S.2717, Before the S.Comm. on Indian Affairs, 114th Cong. (2016). 
(Statement of Michael Black, Director, Bureau of Indian Affairs, 
Department of the Interior, Washington, D.C.).
    \2\Id.
    \3\Id.
    \4\Id. This information is similar to that received by the 
Committee in the legislative hearing for the Indian Dams Safety Act of 
1992. During that hearing the Committee Chairman indicated ``that the 
BIA has not given the Dam Safety Program the high priority it needed . 
. .'' Indian Dams Safety Act of 1992, Hearing Before the Select Comm. 
on Indian Affairs, 102nd Cong. 1 (1992) (statement of Sen. Daniel K. 
Inouye, Chairman, S.Comm. on Indian Affairs).
---------------------------------------------------------------------------
    The BIA has ``137 high- or significant-hazard potential 
hazard dams'''\5\ spread out over 41 reservations in eight BIA 
regions. The BIA is also responsible for 700 low-hazard dams 
across the United States.\6\ According to the BIA officials, 
the dams overseen by the Safety of Dams Program are on average 
70 to 80 years old. The Director of the BIA, Michael Black, 
testified before the Committee that ``[r]educing the deferred 
maintenance allows for realization of the benefits provided by 
these facilities without unacceptable risk of loss of 
life.''\7\
---------------------------------------------------------------------------
    \5\Id.
    \6\Id.
    \7\Id.
---------------------------------------------------------------------------

High Hazard Dams

    Consistent with Federal Emergency Management Agency dam 
hazard classifications, the BIA classifies dams as high-hazard 
if dam failure of misoperation is likely to cause loss of human 
life and extensive property damage. The Director of the BIA, 
Michael Black, further testified that ``[u]nder current policy 
only high- and significant-hazard dams are inspected, evaluated 
and maintained by the BIA Safety of Dams Program.''\8\ This 
means that the vast majority of the funding for the BIA Safety 
of Dams Program is used only to address the 137 high- or 
significant hazard dams. According to the BIA, activities 
covered under this funding for high-hazard dams includes:\9\
---------------------------------------------------------------------------
    \8\Id.
    \9\Id.
---------------------------------------------------------------------------
          (1) Dam evaluation, design, construction, operations, 
        and maintenance;
          (2) Dam security;
          (3) Early warning systems;
          (4) Emergency management; and
          (5) Floodplain management downstream of BIA dams.
    The purpose of these activities is to prevent dam failures 
on tribal lands that can cause the loss of life downstream.

Low Hazard Dams

    The Director of the BIA, Michael Black, further testified 
before the Committee that ``[d]ams, if they are low hazard, can 
provide significant value to the communities they serve, 
including irrigation, livestock watering, flood mitigation, 
wildlife habitat and recreation.''\10\ Dams that are low 
hazard, if not maintained, can become high-hazard dams. The 700 
or more low-hazard dams in Indian Country have received minimal 
federal support and attention in recent years, and currently 
constitute a major unknown in the program's asset pool. Thus, 
it is important to inspect and maintain these dams with a 
funding stream separate from the high-hazard dams.
---------------------------------------------------------------------------
    \10\Id.
---------------------------------------------------------------------------
    In addition to the issue of low hazard dams deteriorating 
and becoming high hazard dams, the BIA admitted that it was not 
aware of all the low hazard dams that are under its 
jurisdiction.\11\ The agency noted that, ``[M]any known dams 
have not had a hazard potential classification assigned, and it 
is likely that there are more dams on tribal land that have not 
been identified.''\12\ This increases the likelihood that there 
are more low-hazard dams in Indian Country that are in need of 
assistance, but without reporting requirements there is no way 
to be certain.
---------------------------------------------------------------------------
    \11\Id.
    \12\Id.
---------------------------------------------------------------------------

               U.S. Army Corps Tribal Partnership Program

    Section 203 of the Water Resources Development Act of 2000 
(P.L. 106-541) authorizes a Tribal Partnership Program (TPP) to 
be administered by the U.S. Army Corps of Engineers (Corps). 
Under the TPP, the Corps works collaboratively with federally 
recognized American Indian and Alaska Native tribal governments 
to study the feasibility of water resources projects that 
substantially benefit tribes, including those for flood damage 
reduction, environmental restoration and protection, and 
preservation of cultural and natural resources, and other 
projects as deemed appropriate by the Corps.
    The TPP authorizes the Corps to use appropriations to 
conduct preliminary studies of potential projects. After the 
Corps approval of preliminary studies, a feasibility study may 
be initiated, whereby costs may be shared with a tribal cost 
share sponsor, subject to the ability of that sponsor to pay. 
Subsequent funding to implement these projects still requires 
project-specific authorization and appropriations for 
construction or pursuit through programmatic authorities such 
as the continuing authorities program.

                       THE NEED FOR THE DRIFT ACT

    To address the significant deferred maintenance backlog, 
the DRIFT Act establishes a high-hazard fund that would receive 
$22,750,000 each year from Fiscal Years 2017 through 2037. The 
Act also establishes a low-hazard fund would receive 
$10,000,000 for Fiscal Years 2017 through 2037 as well. In 
addition, to address the lack of an accurate accounting of BIA 
dams, and their condition status, the DRIFT Act also mandates 
that tribes regularly report their dam inventory to BIA and 
requires the BIA to report annually on the safety status of 
their dams to Congress.
    The legislation would also amend the Water Resources 
Development Act of 2000 (P.L. 106-541) authority for the U.S. 
Army Corps of Engineers' Tribal Partnership Program so as to 
facilitate implementation of smaller water resources projects 
with tribal partners. It would allow the U.S. Army Corps of 
Engineers to implement the design and construction of any 
projects that it studies under the Tribal Partnership Program 
without additional Congressional authorization, up to a maximum 
federal cost of $10 million. It would also allow for the 
crediting of in-kind tribal expenses toward the non-federal 
cost share of these projects.
    The legislation also seeks to make other important flood 
prevention and dam safety policy reforms for both the BIA and 
the U.S. Army Corps of Engineers to achieve their mission of 
protecting downstream communities from the threat of flooding. 
Specifically, the DRIFT Act:
          (1) Establishes a four year pilot program for a BIA 
        flood mitigation program for tribes;
          (2) Establishes a Tribal Safety of Dams Committee 
        within the Department of the Interior to make 
        recommendations to Congress for modernizing the Indian 
        Dam Safety Act of 1994;
          (3) Allows Indian tribes to waive up to $200,000 in 
        local cost sharing requirements for water resources 
        studies and projects. This waiver is similar to the 
        type of cost-sharing waivers that the U.S. Army Corps 
        of Engineers provides to U.S. territories.

                          LEGISLATIVE HISTORY

    On March 17, 2016, Senator Barrasso introduced S. 2717, a 
bill to improve the safety and address the deferred maintenance 
needs of Indian dams to prevent flooding on Indian reservation, 
and for other purposes (DRIFT Act). Senator McCain is an 
original cosponsor of S. 2717. The Committee held a hearing on 
April 13, 2016. On April 27, 2016, the Committee held a duly 
called business meeting to consider the bill, among other 
bills. The Committee then ordered the bill to be reported 
favorably, as amended, to the Senate by voice vote.

                               Amendments

    On April 27, 2016 at the Committee business meeting, 
Senator Barrasso offered a substitute amendment to S. 2717. In 
accordance with the Committee rule 5(c), the 48-hour filing 
requirement for this amendment was waived by Chairman with the 
concurrence of the Vice Chairman. This amendment incorporated 
recommendations from the Administration and made clarifying and 
technical changes to the bill.
    More specifically, the substitute amendment made three 
technical changes to the underlying bill. It further clarified 
that the Secretary of the Treasury, not the Secretary of 
Interior, is the Secretary that invests funds not required to 
meet current withdrawals in sections 104 and 114. The amendment 
also clarified that the transfer of funds established in this 
bill comes from the Bureau of Reclamation Fund, not the general 
fund of the Treasury in sections 105 and 115. The amendment 
also required in section 211 that the Tribal Safety of Dams 
Committee have tribal representatives based on relevant BIA 
regions.

        SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED

Sec. 1. Short title

    The Act is called the ``Dam Repairs and Improvements for 
Tribes Act of 2016''.

Sec. 2. Definitions

    This section defines ``Dam'' as the meaning given the term 
in section 2 of the National Dam Safety Program Act (33 U.S.C. 
467) and the term includes any structure, facility, equipment, 
or vehicle used in connection with the operation of a dam.
    The term ``Fund'' means the High-Hazard and Low-Hazard Dam 
Safety Deferred Maintenance Funds created by the bill.
    High-Hazard is defined as ``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.''
    Low-Hazard is defined as ``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.''
    The term ``Indian Tribe'' is defined by section 4 of the 
Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450b).
    The term ``Secretary'' is defined as 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


                      Subtitle A--High-Hazard Fund


Sect. 101. Establishment

    This section establishes within the U.S. Department of the 
Treasury of the United States, the High-Hazard Indian Dam 
Safety Deferred Maintenance Fund. The Fund consists of the 
amounts deposited in the fund under section 102 of this Act.
    The Fund also consists of any interest earned on investment 
of amounts in the Fund under section 104 of this Act.

Sec. 102. Deposits to fund

    This section deposits $22,750,000 out of the Bureau of 
Reclamation Fund into the High-Hazard Indian Dam Safety 
Deferred Maintenance Fund each year from Fiscal Year 2017 
through Fiscal Year 2037.

Sec. 103. Expenditures from fund

    For Fiscal Year 2017 through Fiscal Year 2037, the 
Secretary may expend from the Fund no more than $22,750,000 and 
the amount of accrued interest in the Fund. Additional spending 
is authorized if extra funding is available due to the 
inability of the Secretary to expend all amounts from previous 
fiscal years.

Sec. 104. Investments of amounts

    The Secretary of the Treasury can invest a portion of the 
Fund that is not required to meet current withdrawals. Any 
interest accrued goes into Fund.

Sec. 105. Transfer of amounts

    The amounts required to be transferred to the Fund are 
transferred at least monthly from the Bureau of Reclamation 
Fund based on estimates made by the Secretary of the Treasury.

Sec. 106. Termination

    Authorization for the Fund ends on September 30, 2037. Any 
remaining funds at that time are returned to the Bureau of 
Reclamation Fund.

                      Subtitle B--Low-Hazard Fund


Sec. 111. Establishment

    This section establishes within the U.S. Department of the 
Treasury of the United States, the Low-Hazard Indian Dam Safety 
Deferred Maintenance Fund. The Fund consists of the amounts 
deposited in the fund under section 112 of this Act. The Fund 
also consists of any interest earned on investment of amounts 
in the Fund under section 114 of this Act.

Sec. 112. Deposits to fund

    This section deposits $10,000,000 out of the Bureau of 
Reclamation Fund into the Low-Hazard Indian Dam Safety Deferred 
Maintenance Fund each year from Fiscal Year 2017 through Fiscal 
Year 2037.

Sec. 113. Expenditures from fund

    For Fiscal Year 2017 through Fiscal Year 2037, the 
Secretary may expend from the Fund no more than $10,000,000 and 
the amount of accrued interest in the Fund. Additional spending 
may be authorized if extra funding is available due to the 
inability of the Secretary to expend all amounts from previous 
fiscal years.

Sec. 114. Investments of amounts

    The Secretary of the Treasury can invest a portion of the 
Fund that is not required to meet current withdrawals. Any 
interest accrued goes into Fund.

Sec. 115. Transfer of amounts

    The amounts required to be transferred to the Fund are 
transferred at least monthly from the Bureau of Reclamation 
Fund based on estimates made by the Secretary of the Treasury.

Sec. 116. Termination

    Authorization for the Fund ends on September 30, 2037. Any 
remaining funds at that time are returned to the Bureau of 
Reclamation Fund.

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


                   Subtitle A--Program Establishment


Sec. 201. Repair, replacements and maintenance of certain indian dams

    This section directs the Secretary to establish a program 
to address the deferred maintenance need of Indian dams. Under 
this section funding is transferred, in accordance with 
sections 102 and 112, from the Bureau of Reclamation Fund to 
both the High-Hazard and Low-Hazard Funds to carry out 
maintenance, repair and replacement activities.

Sec. 202. Eligible dams

    This section establishes the criteria as to what dams 
qualify for funding in either the High-Hazard Fund or the Low-
Hazard Fund. In both cases, the eligible dams are owned by the 
Federal Government, listed in the Federal inventory, are 
managed by the BIA (including dams managed under contracts or 
compacts pursuant to the Indian Self-Determination and 
Education Assistance Act), and have deferred maintenance 
documented by the BIA.

Sec. 203. Requirements and conditions

    No later than 120 days after the Act becomes law, the 
Secretary, in consultation with the Bureau of Reclamation and 
with affected Indian tribes, shall develop and submit to 
Congress programmatic goals. These goals would ensure the 
completion of repairing, improving or performing maintenance on 
these dams as expeditiously as possible. The goals will also 
ensure the BIA carries out its mission to operate Indian dams 
and ensure that the results of government-to-government 
consultation required under section 204 are addressed. The 
Secretary also develops funding prioritization criteria for 
distributing funds. Factors that are included in the 
prioritization include public or employee safety or health, 
impact to natural or cultural resources or the ability of the 
BIA to carry out the mission of the BIA in operating a dam.
    The Secretary would also have to consider the potential 
economic benefits of expenditures on job creation and economic 
development, as well as the ability of an Indian dam to address 
tribal, regional, and watershed level flood mitigation needs. 
The Secretary would also have to consider the benefits of 
increased water storage capacity of an Indian dam to prevent 
flooding downstream to tribal and non-tribal communities.

Sec. 204. Tribal consultation and user input

    Before expending funds and not later than 120 days after 
the date of enactment, the Secretary would have to consult 
with, and solicit input from, Indian tribes that have 
jurisdiction over the land where eligible dams are located. The 
Secretary would also have to consult with landowners served by 
the Indian dam.

Sec. 205. Allocation among dams

    Under this section, every dam eligible for funding that has 
critical maintenance needs would receive some funding from the 
two Funds. Priority in allocation would be determined by dams 
that serve more than one Indian tribe within an Indian 
reservation or would be located in highly populated Indian 
communities, as determined by the Secretary. No single dam 
would receive more than $10,000,000 in assistance in three 
consecutive years.

                         Subtitle B--Management


Sec. 211. Tribal safety of dams committee

    This section establishes a 15-member committee, 11 of whom 
are appointed by the Secretary, to make recommendations to 
Congress through a report for reforming the Indian Dams Safety 
Act of 1994.
    Of the 11 appointments, six must be a tribal member with 
relevant experience in dam safety and flood prevention from 
each one of the following BIA regions: the Northwest Region, 
the Pacific Region, the Western Region, the Navajo Region, the 
Southwest Region, the Rocky Mountains Region, the Great Plains 
Region, and the Midwest Region.
    Two additional appointments must be representatives of the 
BIA with relevant knowledge and expertise. One additional 
representative from the Bureau of Reclamation is to be 
appointed by the Secretary of the Interior and one 
representative is to be appointed by the Secretary of the Army 
as well. Those two representatives are non-voting members of 
the committee.
    The report shall be presented to Congress within one year 
after the first meeting of the committee.
    The committee would be allowed to hire staff and an 
Executive Director. Funding of up to $1 million, derived from 
the Funds, is provided for the committee to pay personnel and 
committee member compensation.

Sec. 212. Indian dam surveys

    This section requires tribes to report not less frequently 
than once every 180 days on their inventory of dams to the BIA. 
The BIA is also required to report the condition of each dam 
under jurisdiction of the Secretary to Congress.

Sec. 213. Establishment of Flood-Plain Management Pilot Program

    This section requires that the BIA establish a flood plain 
management pilot program. The program is funded at $250,000 a 
year, each year from Fiscal Years 2017 to Fiscal Years 2020, 
from the Funds.

Sec. 214. Tribal Partnership Program

    This section would modify the current Tribal Partnership 
Program (TPP). Specifically, the TPP would authorize the U.S. 
Army Corps of Engineers to provide assistance to an Indian 
tribe with any activity regarding the feasibility, planning, 
design, or construction of a water resources development 
project, without specific authorization from Congress, as long 
as the Federal share of the cost of the project is less than 
$10,000,000. These projects are intended to substantially 
benefit an Indian tribe. An Indian tribe may request for a 
detailed project report that would include, in detail, the 
feasibility and planning of a water resources development 
project. The Secretary of the Army cannot use more than 
$100,000 for any one report. The Secretary of the Army shall 
consult, consider, and coordinate with the Secretary of the 
Interior regarding any activity regarding the TPP.

Sec. 215. Cost sharing for Indian tribes

    This section would include Indian tribes in section 1156 of 
the Water Resources Development Act of 1965 (33 U.S.C. 2310). 
The Secretary of the Army shall waive up to $200,000 in local 
cost-sharing requirements for Indian tribes for all studies and 
projects, similar to the waiver provided to U.S. territories.

                   COST AND BUDGETARY CONSIDERATIONS

    The following cost estimate, as provided by the 
Congressional Budget Office, dated July 26, 2016, was prepared 
for S. 2717:

                                                     July 26, 2016.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2717, the Dam 
Repairs and Improvements for Tribes Act of 2016.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 2717--Dam Repairs and Improvements for Tribes Act of 2016

    Summary: S. 2717 would establish two new funds in the 
Treasury and transfer a total of $33 million a year from the 
Reclamation Fund into the proposed funds through 2037. The bill 
would authorize the appropriation of the amounts transferred 
each year and any interest credited to the unspent balances in 
the proposed funds to, among other things, rehabilitate and 
maintain federally owned dams managed by the Bureau of Indian 
Affairs (BIA). The bill also would authorize the U.S. Army 
Corps of Engineers (Corps) to carry out studies and water 
projects when requested by tribes and to waive up to $200,000 
of a tribe's cost-sharing obligations for certain studies or 
projects.
    Based on information from the BIA and the Corps, CBO 
estimates that implementing the legislation would cost $136 
million over the 2017-2021 period, subject to appropriation of 
the authorized amounts. Enacting S. 2717 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply to this legislation.
    CBO estimates that enacting the legislation would not 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2027.
    S. 2717 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2717 is shown in the following table. 
The costs of this legislation fall within budget functions 300 
(natural resources and environment) and 450 (community and 
regional development).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2017     2018     2019     2020     2021   2017-2021
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Rehabilitation and Maintenance of Indian Dams:
    Estimated Authorization Level.......................       35       35       35       35       35        175
    Estimated Outlays...................................       12       21       28       33       35        129
Studies and Projects:
    Estimated Authorization Level.......................        1        1        1        1        1          7
    Estimated Outlays...................................        1        1        1        1        1          7
    Total Increases:
        Estimated Authorization Level...................       36       36       36       36       36        182
        Estimated Outlays...............................       13       22       29       34       36        136
----------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that S. 
2717 will be enacted near the start of 2017 and that the 
authorized and necessary amounts will be appropriated each 
fiscal year. Estimated outlays are based on information from 
BIA, the Corps, and historical spending patterns for similar 
projects.

Rehabilitation and maintenance of Indian dams

    CBO estimates that implementing the provisions to 
rehabilitate and maintain Indian dams would cost $129 million 
over the 2017-2021 period, assuming appropriation of the 
authorized and estimated amounts.
    Title I would authorize the annual appropriation of $33 
million and any accrued interest on unspent balances through 
2037 to repair, replace, and maintain Indian dams. Based on 
historical spending patterns for similar projects, CBO 
estimates that $119 million of the authorized amounts would be 
spent over the 2017-2021 period. (CBO estimates that over the 
2017-2021 period the amount of accrued interest would be less 
than $1 million.)
    S. 2717 also would direct the Department of the Interior to 
prepare an annual report for the Congress describing the 
condition of each Indian dam. In addition, BIA would be 
directed to consult with tribes and dam users and incorporate 
their recommendations before undertaking repairs or 
modifications. According to information from BIA there are 837 
such dams and CBO estimates that preparing the reports and 
conducting consultations would cost $2 million per year over 
the 2017-2021 period.

Studies and projects

    CBO estimates that implementing provisions of the bill that 
would authorize the Corps to assist Indian tribes with carrying 
out studies and constructing water projects would cost $7 
million over the 2017-2021 period; such spending would be 
subject to the availability of appropriated funds.
    S. 2717 would authorize the Corps, upon the request of a 
tribe, to study how water projects could reduce the risk of 
floods, restore the environment, and protect natural resources. 
The bill also would authorize the Corps to assist tribes with 
the design and construction of those projects the federal share 
of any project's costs could not be more than $10 million.
    Based on information from the Corps about the types of 
projects that might be studied, CBO estimates that the Corps 
would carry out 4 additional studies each year at a cost of 
about $100,000 per study or $2 million over the 2017-2021 
period. The Corps could begin construction on some projects 
after completing those studies and negotiating agreements with 
the tribes, but CBO does not expect that would happen until 
after 2021. Future construction costs would depend on the 
outcome of the studies undertaken by the Corps, which CBO 
cannot predict.
    Finally, the bill would authorize the Corps to waive up to 
$200,000 of a tribe's cost-sharing obligations for studies and 
projects implemented under current law. Based on information 
from the Corps about anticipated future projects, CBO estimates 
the Corps would waive about $1 million per year in cost sharing 
obligations, thus increasing federal costs by $5 million over 
the 2017-2021 period.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: S. 2717 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Tribal governments would benefit from the 
funds established in the bill to address the maintenance needs 
of Indian dams. Tribes also would benefit from a program in the 
bill that would provide guidance for managing flood plains and 
a program that would offer assistance with projects relating to 
water resources development. Any costs to tribal governments 
would be incurred voluntarily as a condition of receiving 
federal assistance.
    Estimate prepared by: Federal Costs: Robert Reese and 
Aurora Swanson; Impact on State, Local, and Tribal Governments: 
Rachel Austin; Impact on the Private Sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT STATEMENT

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 2717 will 
have a minimal impact on regulatory or paperwork requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 2717.

                        CHANGES IN EXISTING LAW

    In accordance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, S. 2717 makes no changes to 
existing law.

                                  [all]