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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 715 Reported in Senate (RS)]

                                                       Calendar No. 393
113th CONGRESS
  2d Session
                                 S. 715

                          [Report No. 113-167]

To authorize the Secretary of the Interior to use designated funding to 
pay for construction of authorized rural water projects, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2013

   Mr. Baucus (for himself, Mr. Tester, Mr. Udall of New Mexico, Ms. 
Klobuchar, Mr. Franken, Mr. Johnson of South Dakota, Mr. Heinrich, Mr. 
    Hoeven, Ms. Heitkamp, Mr. Harkin, and Mr. Walsh) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

                              May 22, 2014

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

_______________________________________________________________________

                                 A BILL

 
To authorize the Secretary of the Interior to use designated funding to 
pay for construction of authorized rural water projects, 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.</DELETED>

<DELETED>    This Act may be cited as the ``Authorized Rural Water 
Projects Completion Act''.</DELETED>

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

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Fund.--The term ``Fund'' means the Reclamation 
        Rural Water Construction Fund established by section 
        3(a).</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 3. RECLAMATION RURAL WATER CONSTRUCTION FUND.</DELETED>

<DELETED>    (a) Establishment.--There is established in the Treasury 
of the United States a fund, to be known as the ``Reclamation Rural 
Water Construction Fund'', consisting of--</DELETED>
        <DELETED>    (1) such amounts as are deposited in the Fund 
        under subsection (b); and</DELETED>
        <DELETED>    (2) any interest earned on investment of amounts 
        in the Fund under subsection (d).</DELETED>
<DELETED>    (b) Deposits to Fund.--</DELETED>
        <DELETED>    (1) In general.--For each of fiscal years 2014 
        through 2030, the Secretary of the Treasury shall deposit in 
        the Fund $80,000,000 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>    (2) Availability of amounts.--Amounts deposited in 
        the Fund under paragraph (1) shall--</DELETED>
                <DELETED>    (A) be made available in accordance with 
                this section, without further appropriation; 
                and</DELETED>
                <DELETED>    (B) be in addition to amounts appropriated 
                for such purposes under any other provision of 
                law.</DELETED>
        <DELETED>    (3) Limitation.--Notwithstanding paragraphs (1) 
        and (2), no amounts may be deposited in, or made available 
        from, the Fund under those paragraphs if the transfer or 
        availability of the amounts would increase the 
        deficit.</DELETED>
<DELETED>    (c) Expenditures From Fund.--</DELETED>
        <DELETED>    (1) In general.--</DELETED>
                <DELETED>    (A) Expenditures.--Subject to subparagraph 
                (B), for each of fiscal years 2014 through 2035, the 
                Secretary may expend from the Fund not more than the 
                sum of--</DELETED>
                        <DELETED>    (i) $80,000,000; and</DELETED>
                        <DELETED>    (ii) the amount of interest 
                        accrued in the Fund for the fiscal year in 
                        which the expenditures are made.</DELETED>
                <DELETED>    (B) Additional expenditures.--
                Notwithstanding subparagraph (A), the Secretary may 
                expend more than $80,000,000 for any fiscal year listed 
                in subparagraph (A) if such amounts are available in 
                the Fund due to expenditures not reaching $80,000,000 
                in 1 or more prior fiscal years.</DELETED>
        <DELETED>    (2) Use.--</DELETED>
                <DELETED>    (A) In general.--Subject to subparagraph 
                (B), the Secretary may use amounts from the Fund to 
                complete construction of rural water projects--
                </DELETED>
                        <DELETED>    (i) authorized to be carried out 
                        by the Secretary on or before the date of 
                        enactment of this Act; or</DELETED>
                        <DELETED>    (ii) for which--</DELETED>
                                <DELETED>    (I) pursuant to section 
                                106(e) of the Rural Water Supply Act of 
                                2006 (43 U.S.C. 2405(e)), a feasibility 
                                study has been submitted to the 
                                Secretary by September 30, 2012; 
                                and</DELETED>
                                <DELETED>    (II) an Act of Congress 
                                after the date of enactment of this Act 
                                has authorized the construction of the 
                                project.</DELETED>
                <DELETED>    (B) Limitation.--The Secretary may not use 
                amounts from the Fund to pay for any operation and 
                maintenance costs of an authorized rural water 
                project.</DELETED>
        <DELETED>    (3) Conditions.--The Secretary shall not expend 
        any amounts from the Fund until the date on which the Secretary 
        develops--</DELETED>
                <DELETED>    (A) programmatic goals to carry out this 
                section that--</DELETED>
                        <DELETED>    (i) would enable the completion of 
                        construction of the authorized rural water 
                        projects as expeditiously as possible; 
                        and</DELETED>
                        <DELETED>    (ii) reflect--</DELETED>
                                <DELETED>    (I) the goals and 
                                priorities identified in the laws 
                                authorizing the authorized rural water 
                                projects; and</DELETED>
                                <DELETED>    (II) the goals of the 
                                Reclamation Rural Water Supply Act of 
                                2006 (43 U.S.C. 2401 et seq.); 
                                and</DELETED>
                <DELETED>    (B) funding prioritization criteria to 
                serve as a formula for distributing funds under this 
                section that take into account--</DELETED>
                        <DELETED>    (i) an evaluation of the urgent 
                        and compelling need for potable water supplies 
                        in the affected rural and tribal 
                        communities;</DELETED>
                        <DELETED>    (ii) the status of the current 
                        stages of completion of the authorized rural 
                        water project;</DELETED>
                        <DELETED>    (iii) the financial needs of the 
                        affected rural and tribal 
                        communities;</DELETED>
                        <DELETED>    (iv) the potential economic 
                        benefits of the expenditures on job creation 
                        and general economic development in the 
                        affected rural and tribal 
                        communities;</DELETED>
                        <DELETED>    (v) the ability of the authorized 
                        rural water project to address regional and 
                        watershed level water supply needs;</DELETED>
                        <DELETED>    (vi) the ability of the authorized 
                        rural water project--</DELETED>
                                <DELETED>    (I) to minimize water and 
                                energy consumption; and</DELETED>
                                <DELETED>    (II) to encourage the 
                                development of renewable energy 
                                resources, such as wind, solar, and 
                                hydropower elements;</DELETED>
                        <DELETED>    (vii) the need for the authorized 
                        rural water project to address--</DELETED>
                                <DELETED>    (I) the needs of Indian 
                                tribes and members of Indian tribes; 
                                and</DELETED>
                                <DELETED>    (II) other community needs 
                                or interests; and</DELETED>
                        <DELETED>    (viii) such other factors as the 
                        Secretary determines to be appropriate to 
                        prioritize the use of available 
                        funds.</DELETED>
<DELETED>    (d) Investments of Amounts.--</DELETED>
        <DELETED>    (1) 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>    (2) 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>    (e) Transfers of Amounts.--</DELETED>
        <DELETED>    (1) In general.--The amounts required to be 
        transferred to the Fund under this section 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>    (2) Adjustments.--Proper adjustment shall be made 
        in amounts subsequently transferred to the extent prior 
        estimates were in excess of or less than the amounts required 
        to be transferred.</DELETED>
<DELETED>    (f) Termination.--On September 30, 2035--</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>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Authorized Rural 
Water Projects Completion Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Reclamation rural water construction fund.
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

     TITLE I--RECLAMATION RURAL WATER CONSTRUCTION AND SETTLEMENT 
                          IMPLEMENTATION FUND

Sec. 101. Establishment.
Sec. 102. Accounts.
Sec. 103. Deposits to Fund.
Sec. 104. Expenditures from Fund.
Sec. 105. Investments of amounts.
Sec. 106. Transfers of amounts.
Sec. 107. Transferability between accounts.
Sec. 108. Termination.

                     TITLE II--RURAL WATER PROJECTS

Sec. 201. Rural water projects.
Sec. 202. Restrictions.

  TITLE III--RECLAMATION INFRASTRUCTURE AND SETTLEMENT IMPLEMENTATION

Sec. 301. Reclamation infrastructure and settlement implementation.

   TITLE IV--REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN 
                          IRRIGATION PROJECTS

Sec. 401. Repair, replacement, and maintenance of certain Indian 
                            irrigation projects.
Sec. 402. Eligible projects.
Sec. 403. Requirements and conditions.
Sec. 404. Study of Indian irrigation program and project management.
Sec. 405. Tribal consultation and user input.
Sec. 406. Allocation among projects.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Fund.--The term ``Fund'' means the Reclamation Rural 
        Water Construction and Settlement Implementation 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) Rural water project.--The term ``rural water project'' 
        means a project that is designed to provide domestic, 
        industrial, municipal, or residential water to a small 
        community or group of small communities, including Indian 
        tribes and tribal organizations.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of 
        Reclamation.

     TITLE I--RECLAMATION RURAL WATER CONSTRUCTION AND SETTLEMENT 
                          IMPLEMENTATION FUND

SEC. 101. ESTABLISHMENT.

    There is established in the Treasury of the United States a fund, 
to be known as the ``Reclamation Rural Water Construction and 
Settlement Implementation 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. ACCOUNTS.

    Within the Fund, there are established the following accounts:
            (1) Rural Water Project Account.
            (2) Indian Irrigation Account.
            (3) Reclamation Infrastructure and Settlement 
        Implementation Account.

SEC. 103. DEPOSITS TO FUND.

    (a) In General.--For each of fiscal years 2014 through 2035, the 
Secretary of the Treasury shall deposit in the Fund $150,000,000 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), of which--
            (1) $80,000,000 for each of the fiscal years shall be 
        deposited in the Rural Water Project Account established under 
        section 102(1);
            (2) $35,000,000 for each of the fiscal years shall be 
        deposited in the Indian Irrigation Account established under 
        section 102(2); and
            (3) $35,000,000 for each of the fiscal years shall be 
        deposited in the Reclamation Infrastructure and Settlement 
        Implementation Account established under section 102(3).
    (b) Availability of Amounts.--Amounts deposited in the Fund under 
subsection (a) shall be used, subject to appropriation, to carry out 
this Act.

SEC. 104. EXPENDITURES FROM FUND.

    (a) In General.--Subject to subsection (b), for each of fiscal 
years 2014 through 2035, the Secretary may expend from the Fund, in 
accordance with this Act, not more than the sum of--
            (1) $150,000,000, to be allocated from the amounts in the 
        accounts specified in section 102; and
            (2) the amount of interest accrued in the Fund within each 
        account for the fiscal year in which the expenditures are made, 
        with the interest accrued within each account used only for 
        expenditures from that account.
    (b) Additional Expenditures.--
            (1) In general.--The Secretary may expend more than 
        $150,000,000 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.
            (2) Retention in accounts.--Any additional amounts referred 
        to in paragraph (1) shall--
                    (A) be retained within the account to which the 
                amounts were designated;
                    (B) accrue interest for the designated account in 
                accordance with this title; and
                    (C) only be expended for the purposes for which 
                expenditures from the designated accounts are 
                authorized.

SEC. 105. 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. 106. 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. 107. TRANSFERABILITY BETWEEN ACCOUNTS.

    (a) Transferability of Irrigation Funds.--No sooner than fiscal 
year 2023, if the Secretary determines that there are no further 
deferred maintenance needs of eligible Indian irrigation projects, the 
Secretary may expend amounts and any interest accrued in the Indian 
Irrigation Account established by section 102(2) on any expenditure 
authorized under section 301 from the Reclamation Infrastructure and 
Settlement Implementation Account established by section 102(3).
    (b) Transferability of Water Settlement Funds.--No sooner than 
fiscal year 2023, if the Secretary determines that there are no further 
needs of Indian tribes under section 301, the Secretary may expend 
amounts and any interest accrued in the Reclamation Infrastructure and 
Settlement Implementation Account established by section 102(3) on any 
expenditure authorized under sections 401 through 406 from the Indian 
Irrigation Account established by section 102(2).

SEC. 108. TERMINATION.

    On September 30, 2035--
            (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--RURAL WATER PROJECTS

SEC. 201. RURAL WATER PROJECTS.

    Subject to section 202, for each of fiscal years 2014 through 2035, 
the Secretary may use not less than $80,000,000 of the amounts 
available in the Rural Water Project Account established under section 
102(1) to complete construction of rural water projects--
            (1) authorized to be carried out by the Secretary on or 
        before the date of enactment of this Act; or
            (2) for which--
                    (A) pursuant to section 106(e) of the Rural Water 
                Supply Act of 2006 (43 U.S.C. 2405(e)), a feasibility 
                study has been submitted to the Secretary by September 
                30, 2012; and
                    (B) an Act of Congress after the date of enactment 
                of this Act has authorized the construction of the 
                project.

SEC. 202. RESTRICTIONS.

    (a) No Operation and Maintenance Costs.--The Secretary shall not 
use any amounts from the Fund to pay for operation and maintenance 
costs of an authorized rural water project.
    (b) Conditions.--The Secretary shall not expend any amounts from 
the Fund to carry out this title until the date on which the Secretary 
develops--
            (1) programmatic goals to carry out this title that--
                    (A) would enable the completion of construction of 
                the authorized rural water projects as expeditiously as 
                practicable; and
                    (B) reflect--
                            (i) the goals and priorities identified in 
                        the laws authorizing the authorized rural water 
                        projects; and
                            (ii) the goals of the Reclamation Rural 
                        Water Supply Act of 2006 (43 U.S.C. 2401 et 
                        seq.); and
            (2) funding prioritization criteria to serve as a 
        methodology for distributing funds under this title that take 
        into account--
                    (A) an evaluation of the urgent and compelling need 
                for potable water supplies in the affected rural and 
                tribal communities;
                    (B) the status of the current stages of completion 
                of the authorized rural water project;
                    (C) the financial needs of the affected rural and 
                tribal communities;
                    (D) the potential economic benefits of the 
                expenditures on job creation and general economic 
                development in the affected rural and tribal 
                communities;
                    (E) the ability of the authorized rural water 
                project to address regional and watershed level water 
                supply needs;
                    (F) the ability of the authorized rural water 
                project--
                            (i) to minimize water and energy 
                        consumption; and
                            (ii) to encourage the development of 
                        renewable energy resources, such as wind, 
                        solar, and hydropower elements;
                    (G) the need for the authorized rural water project 
                to address--
                            (i) the needs of Indian tribes and members 
                        of Indian tribes; and
                            (ii) other community needs or interests; 
                        and
                    (H) such other factors as the Secretary determines 
                to be appropriate to prioritize the use of available 
                funds.

  TITLE III--RECLAMATION INFRASTRUCTURE AND SETTLEMENT IMPLEMENTATION

SEC. 301. RECLAMATION INFRASTRUCTURE AND SETTLEMENT IMPLEMENTATION.

    Consistent with section 104, for each of fiscal years 2014 through 
2035, the Secretary shall use not less than $35,000,000, plus accrued 
interest, of the amounts authorized to be expended from the Reclamation 
Infrastructure and Settlement Implementation Account established under 
section 102(3)--
            (1) to provide compensation authorized under an Act of 
        Congress to extinguish or otherwise resolve all monetary claims 
        of an Indian tribe against the United States relating to the 
        continued and past use of the land of the Indian tribe by the 
        United States for the generation of hydropower; or
            (2) to complete construction, planning, and design of 
        projects and implement provisions authorized under one or more 
        Acts of Congress that--
                    (A) settle or otherwise resolve, in whole or in 
                part, litigation involving the United States and the 
                rights of one or more federally recognized Indian 
                tribes to access, use, or manage water resources; or
                    (B) implement agreements approved by Congress 
                pursuant to which one or more federally recognized 
                Indian tribes agree to some limitation on the exercise 
                of rights or claims to access, use, or manage water 
                resources.

   TITLE IV--REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN 
                          IRRIGATION PROJECTS

SEC. 401. 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 104, of the amounts 
authorized to be expended from the Indian Irrigation Account 
established under section 102(2), the Secretary shall use or transfer 
to the Bureau of Indian Affairs not less than $35,000,000, plus accrued 
interest, for each of fiscal years 2014 through 2035 to carry out 
maintenance, repair, and replacement activities for 1 or more of the 
Indian irrigation projects described in section 402 (including any 
structures, facilities, equipment, or vehicles used in connection with 
the operation of those projects).

SEC. 402. ELIGIBLE PROJECTS.

    The projects eligible for funding under section 401(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. 403. REQUIREMENTS AND CONDITIONS.

    Not later than 180 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 of the Interior, in consultation with the 
Assistant Secretary for Indian Affairs, the Commissioner of the Bureau 
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 405 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 405.

SEC. 404. 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 of the 
Interior shall--
            (1) consult with the Indian tribes that have jurisdiction 
        over the land on which an irrigation project eligible to 
        receive funding under section 402 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 
Indian Irrigation Account established under section 102(2), $1,000,000 
shall be made available during fiscal year 2014 to carry out this 
section, to remain available until expended.

SEC. 405. TRIBAL CONSULTATION AND USER INPUT.

    Before expending funds on an Indian irrigation project pursuant to 
section 401, the Secretary of the Interior shall--
            (1) consult with the Indian tribe that has jurisdiction 
        over the land on which an irrigation project eligible to 
        receive funding under section 402 is located; and
            (2) solicit and consider the input, comments, and 
        recommendations of the landowners served by the irrigation 
        project.

SEC. 406. 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 
2014 through 2035, each Indian irrigation project eligible for funding 
under section 402 that has critical maintenance needs receives part of 
the funding under section 401 to address critical maintenance needs.
    (b) Priority.--In allocating amounts under section 401(b), in 
addition to considering the funding priorities described in section 
403, the Secretary shall give priority to Indian irrigation 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 401(b), the Secretary shall allocate not 
        more than $15,000,000 to any individual Indian irrigation 
        project described in section 402 during any consecutive 3-year 
        period.
            (2) Exception.--Notwithstanding the cap described in 
        paragraph (1), if the full amount under section 401(b) cannot 
        be fully allocated to eligible irrigation projects because the 
        only remaining activities authorized in section 401(b) are for 
        irrigation projects that would exceed the cap described in 
        paragraph (1), the Secretary may allocate the remaining funds 
        to eligible 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.
                                                       Calendar No. 393

113th CONGRESS

  2d Session

                                 S. 715

                          [Report No. 113-167]

_______________________________________________________________________

                                 A BILL

To authorize the Secretary of the Interior to use designated funding to 
pay for construction of authorized rural water projects, and for other 
                               purposes.

_______________________________________________________________________

                              May 22, 2014

                       Reported with an amendment
```