II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Authorized Rural 

3 Water Projects Completion Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) FUND.—The term ‘‘Fund’’ means the Rec7 lamation Rural Water Construction Fund estab8 lished by section 3(a). 

9 (2) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 

11 SEC. 3. RECLAMATION RURAL WATER CONSTRUCTION 

12 FUND. 

13 (a) ESTABLISHMENT.—There is established in the 

14 Treasury of the United States a fund, to be known as the 

15 ‘‘Reclamation Rural Water Construction Fund’’, con16 sisting of— 

17 (1) such amounts as are deposited in the Fund 

18 under subsection (b); and 

19 (2) any interest earned on investment of 

20 amounts in the Fund under subsection (d). 

21 (b) DEPOSITS TO FUND.— 

22 (1) IN GENERAL.—For each of fiscal years 

23 2014 through 2030, the Secretary of the Treasury 

24 shall deposit in the Fund $80,000,000 of the reve25 nues that would otherwise be deposited for the fiscal 

26 year in the reclamation fund established by the first 


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1 section of the Act of June 17, 1902 (32 Stat. 388, 

2 chapter 1093). 

3 (2) AVAILABILITY OF AMOUNTS.—Amounts de4 posited in the Fund under paragraph (1) shall— 

5 (A) be made available in accordance with 

6 this section, without further appropriation; and 

7 (B) be in addition to amounts appropriated 

8 for such purposes under any other provision of 

9 law. 

10 (3) LIMITATION.—Notwithstanding paragraphs 

11 (1) and (2), no amounts may be deposited in, or 

12 made available from, the Fund under those para13 graphs if the transfer or availability of the amounts 

14 would increase the deficit. 

15 (c) EXPENDITURES FROM FUND.— 

16 (1) IN GENERAL.— 

17 (A) EXPENDITURES.—Subject to subpara18 graph (B), for each of fiscal years 2014 

19 through 2035, the Secretary may expend from 

20 the Fund not more than the sum of— 

21 (i) $80,000,000; and 

22 (ii) the amount of interest accrued in 

23 the Fund for the fiscal year in which the 

24 expenditures are made. 


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1 (B) ADDITIONAL EXPENDITURES.—Not2 withstanding subparagraph (A), the Secretary 

3 may expend more than $80,000,000 for any fis4 cal year listed in subparagraph (A) if such 

5 amounts are available in the Fund due to ex6 penditures not reaching $80,000,000 in 1 or 

7 more prior fiscal years. 

8 (2) USE.— 

9 (A) IN GENERAL.—Subject to subpara10 graph (B), the Secretary may use amounts 

11 from the Fund to complete construction of 

12 rural water projects— 

13 (i) authorized to be carried out by the 

14 Secretary on or before the date of enact15 ment of this Act; or 

16 (ii) for which— 

17 (I) pursuant to section 106(e) of 

18 the Rural Water Supply Act of 2006 

19 (43 U.S.C. 2405(e)), a feasibility 

20 study has been submitted to the Sec21 retary by September 30, 2012; and 

22 (II) an Act of Congress after the 

23 date of enactment of this Act has au24 thorized the construction of the 

25 project. 


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1 (B) LIMITATION.—The Secretary may not 

2 use amounts from the Fund to pay for any op3 eration and maintenance costs of an authorized 

4 rural water project. 

5 (3) CONDITIONS.—The Secretary shall not ex6 pend any amounts from the Fund until the date on 

7 which the Secretary develops— 

8 (A) programmatic goals to carry out this 

9 section that— 

10 (i) would enable the completion of 

11 construction of the authorized rural water 

12 projects as expeditiously as possible; and 

13 (ii) reflect— 

14 (I) the goals and priorities identi15 fied in the laws authorizing the au16 thorized rural water projects; and 

17 (II) the goals of the Reclamation 

18 Rural Water Supply Act of 2006 (43 

19 U.S.C. 2401 et seq.); and 

20 (B) funding prioritization criteria to serve 

21 as a formula for distributing funds under this 

22 section that take into account— 

23 (i) an evaluation of the urgent and 

24 compelling need for potable water supplies 


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1 in the affected rural and tribal commu2 nities; 

3 (ii) the status of the current stages of 

4 completion of the authorized rural water 

5 project; 

6 (iii) the financial needs of the affected 

7 rural and tribal communities; 

8 (iv) the potential economic benefits of 

9 the expenditures on job creation and gen10 eral economic development in the affected 

11 rural and tribal communities; 

12 (v) the ability of the authorized rural 

13 water project to address regional and wa14 tershed level water supply needs; 

15 (vi) the ability of the authorized rural 

16 water project— 

17 (I) to minimize water and energy 

18 consumption; and 

19 (II) to encourage the develop20 ment of renewable energy resources, 

21 such as wind, solar, and hydropower 

22 elements; 

23 (vii) the need for the authorized rural 

24 water project to address— 


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1 (I) the needs of Indian tribes and 

2 members of Indian tribes; and 

3 (II) other community needs or 

4 interests; and 

5 (viii) such other factors as the Sec6 retary determines to be appropriate to 

7 prioritize the use of available funds. 

8 (d) INVESTMENTS OF AMOUNTS.— 

9 (1) IN GENERAL.—The Secretary shall invest 

10 such portion of the Fund as is not, in the judgment 

11 of the Secretary, required to meet current with12 drawals. 

13 (2) CREDITS TO FUND.—The interest on, and 

14 the proceeds from the sale or redemption of, any ob15 ligations held in the Fund shall be credited to, and 

16 form a part of, the Fund. 

17 (e) TRANSFERS OF AMOUNTS.— 

18 (1) IN GENERAL.—The amounts required to be 

19 transferred to the Fund under this section shall be 

20 transferred at least monthly from the general fund 

21 of the Treasury to the Fund on the basis of esti22 mates made by the Secretary of the Treasury. 

23 (2) ADJUSTMENTS.—Proper adjustment shall 

24 be made in amounts subsequently transferred to the 


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1 extent prior estimates were in excess of or less than 

2 the amounts required to be transferred. 

3 (f) TERMINATION.—On September 30, 2035— 

4 (1) the Fund shall terminate; and 

5 (2) the unexpended and unobligated balance of 

6 the Fund shall be transferred to the reclamation 

7 fund established by the first section of the Act of 

8 June 17, 1902 (32 Stat. 388, chapter 1093). 

9 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

10 (a) SHORT TITLE.—This Act may be cited as the ‘‘Au11 thorized Rural Water Projects Completion Act’’. 

12 (b) TABLE OF CONTENTS.—The table of contents of this 

13 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. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) FUND.—The term ‘‘Fund’’ means the Rec4 lamation Rural Water Construction and Settlement 

5 Implementation Fund established by section 101. 

6 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

7 the meaning given the term in section 4 of the Indian 

8 Self-Determination and Education Assistance Act (25 

9 U.S.C. 450b). 

10 (3) RURAL WATER PROJECT.—The term ‘‘rural 

11 water project’’ means a project that is designed to 

12 provide domestic, industrial, municipal, or residen13 tial water to a small community or group of small 

14 communities, including Indian tribes and tribal orga15 nizations. 

16 (4) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of the Interior, acting through the Com18 missioner of Reclamation. 


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1 TITLE I—RECLAMATION RURAL 

2 WATER CONSTRUCTION AND 

3 SETTLEMENT IMPLEMENTA4 TION FUND 

5 SEC. 101. ESTABLISHMENT. 

6 There is established in the Treasury of the United 

7 States a fund, to be known as the ‘‘Reclamation Rural 

8 Water Construction and Settlement Implementation Fund’’, 

9 consisting of— 

10 (1) such amounts as are deposited in the Fund 

11 under section 103; and 

12 (2) any interest earned on investment of 

13 amounts in the Fund under section 105. 

14 SEC. 102. ACCOUNTS. 

15 Within the Fund, there are established the following 

16 accounts: 

17 (1) Rural Water Project Account. 

18 (2) Indian Irrigation Account. 

19 (3) Reclamation Infrastructure and Settlement 

20 Implementation Account. 

21 SEC. 103. DEPOSITS TO FUND. 

22 (a) IN GENERAL.—For each of fiscal years 2014 

23 through 2035, the Secretary of the Treasury shall deposit 

24 in the Fund $150,000,000 of the revenues that would other25 wise be deposited for the fiscal year in the reclamation fund 


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1 established by the first section of the Act of June 17, 1902 

2 (32 Stat. 388, chapter 1093), of which— 

3 (1) $80,000,000 for each of the fiscal years shall 

4 be deposited in the Rural Water Project Account es5 tablished under section 102(1); 

6 (2) $35,000,000 for each of the fiscal years shall 

7 be deposited in the Indian Irrigation Account estab8 lished under section 102(2); and 

9 (3) $35,000,000 for each of the fiscal years shall 

10 be deposited in the Reclamation Infrastructure and 

11 Settlement Implementation Account established under 

12 section 102(3). 

13 (b) AVAILABILITY OF AMOUNTS.—Amounts deposited 

14 in the Fund under subsection (a) shall be used, subject to 

15 appropriation, to carry out this Act. 

16 SEC. 104. EXPENDITURES FROM FUND. 

17 (a) IN GENERAL.—Subject to subsection (b), for each 

18 of fiscal years 2014 through 2035, the Secretary may ex19 pend from the Fund, in accordance with this Act, not more 

20 than the sum of— 

21 (1) $150,000,000, to be allocated from the 

22 amounts in the accounts specified in section 102; and 

23 (2) the amount of interest accrued in the Fund 

24 within each account for the fiscal year in which the 

25 expenditures are made, with the interest accrued 


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1 within each account used only for expenditures from 

2 that account. 

3 (b) ADDITIONAL EXPENDITURES.— 

4 (1) IN GENERAL.—The Secretary may expend 

5 more than $150,000,000 for any fiscal year referred 

6 to in subsection (a) if the additional amounts are 

7 available in the Fund as a result of a failure of the 

8 Secretary to expend all of the amounts available 

9 under subsection (a) in 1 or more prior fiscal years. 

10 (2) RETENTION IN ACCOUNTS.—Any additional 

11 amounts referred to in paragraph (1) shall— 

12 (A) be retained within the account to which 

13 the amounts were designated; 

14 (B) accrue interest for the designated ac15 count in accordance with this title; and 

16 (C) only be expended for the purposes for 

17 which expenditures from the designated accounts 

18 are authorized. 

19 SEC. 105. INVESTMENTS OF AMOUNTS. 

20 (a) IN GENERAL.—The Secretary shall invest such 

21 portion of the Fund as is not, in the judgment of the Sec22 retary, required to meet current withdrawals. 

23 (b) CREDITS TO FUND.—The interest on, and the pro24 ceeds from the sale or redemption of, any obligations held 


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1 in the Fund shall be credited to, and form a part of, the 

2 Fund. 

3 SEC. 106. TRANSFERS OF AMOUNTS. 

4 (a) IN GENERAL.—The amounts required to be trans5 ferred to the Fund under this title shall be transferred at 

6 least monthly from the general fund of the Treasury to the 

7 Fund on the basis of estimates made by the Secretary of 

8 the Treasury. 

9 (b) ADJUSTMENTS.—Proper adjustment shall be made 

10 in amounts subsequently transferred to the extent prior esti11 mates are in excess of or less than the amounts required 

12 to be transferred. 

13 SEC. 107. TRANSFERABILITY BETWEEN ACCOUNTS. 

14 (a) TRANSFERABILITY OF IRRIGATION FUNDS.—No 

15 sooner than fiscal year 2023, if the Secretary determines 

16 that there are no further deferred maintenance needs of eli17 gible Indian irrigation projects, the Secretary may expend 

18 amounts and any interest accrued in the Indian Irrigation 

19 Account established by section 102(2) on any expenditure 

20 authorized under section 301 from the Reclamation Infra21 structure and Settlement Implementation Account estab22 lished by section 102(3). 

23 (b) TRANSFERABILITY OF WATER SETTLEMENT

24 FUNDS.—No sooner than fiscal year 2023, if the Secretary 

25 determines that there are no further needs of Indian tribes 


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1 under section 301, the Secretary may expend amounts and 

2 any interest accrued in the Reclamation Infrastructure and 

3 Settlement Implementation Account established by section 

4 102(3) on any expenditure authorized under sections 401 

5 through 406 from the Indian Irrigation Account established 

6 by section 102(2). 

7 SEC. 108. TERMINATION. 

8 On September 30, 2035— 

9 (1) the Fund shall terminate; and 

10 (2) the unexpended and unobligated balance of 

11 the Fund shall be transferred to the reclamation fund 

12 established by the first section of the Act of June 17, 

13 1902 (32 Stat. 388, chapter 1093). 

14 TITLE II—RURAL WATER 

15 PROJECTS 

16 SEC. 201. RURAL WATER PROJECTS. 

17 Subject to section 202, for each of fiscal years 2014 

18 through 2035, the Secretary may use not less than 

19 $80,000,000 of the amounts available in the Rural Water 

20 Project Account established under section 102(1) to complete 

21 construction of rural water projects— 

22 (1) authorized to be carried out by the Secretary 

23 on or before the date of enactment of this Act; or 

24 (2) for which— 


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1 (A) pursuant to section 106(e) of the Rural 

2 Water Supply Act of 2006 (43 U.S.C. 2405(e)), 

3 a feasibility study has been submitted to the Sec4 retary by September 30, 2012; and 

5 (B) an Act of Congress after the date of en6 actment of this Act has authorized the construc7 tion of the project. 

8 SEC. 202. RESTRICTIONS. 

9 (a) NO OPERATION AND MAINTENANCE COSTS.—The 

10 Secretary shall not use any amounts from the Fund to pay 

11 for operation and maintenance costs of an authorized rural 

12 water project. 

13 (b) CONDITIONS.—The Secretary shall not expend any 

14 amounts from the Fund to carry out this title until the date 

15 on which the Secretary develops— 

16 (1) programmatic goals to carry out this title 

17 that— 

18 (A) would enable the completion of construc19 tion of the authorized rural water projects as ex20 peditiously as practicable; and 

21 (B) reflect— 

22 (i) the goals and priorities identified 

23 in the laws authorizing the authorized rural 

24 water projects; and 


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1 (ii) the goals of the Reclamation Rural 

2 Water Supply Act of 2006 (43 U.S.C. 2401 

3 et seq.); and 

4 (2) funding prioritization criteria to serve as a 

5 methodology for distributing funds under this title 

6 that take into account— 

7 (A) an evaluation of the urgent and compel8 ling need for potable water supplies in the af9 fected rural and tribal communities; 

10 (B) the status of the current stages of com11 pletion of the authorized rural water project; 

12 (C) the financial needs of the affected rural 

13 and tribal communities; 

14 (D) the potential economic benefits of the 

15 expenditures on job creation and general eco16 nomic development in the affected rural and 

17 tribal communities; 

18 (E) the ability of the authorized rural water 

19 project to address regional and watershed level 

20 water supply needs; 

21 (F) the ability of the authorized rural water 

22 project— 

23 (i) to minimize water and energy con24 sumption; and 


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1 (ii) to encourage the development of re2 newable energy resources, such as wind, 

3 solar, and hydropower elements; 

4 (G) the need for the authorized rural water 

5 project to address— 

6 (i) the needs of Indian tribes and 

7 members of Indian tribes; and 

8 (ii) other community needs or inter9 ests; and 

10 (H) such other factors as the Secretary de11 termines to be appropriate to prioritize the use 

12 of available funds. 

13 TITLE III—RECLAMATION INFRA14 STRUCTURE AND SETTLE15 MENT IMPLEMENTATION 

16 SEC. 301. RECLAMATION INFRASTRUCTURE AND SETTLE17 MENT IMPLEMENTATION. 

18 Consistent with section 104, for each of fiscal years 

19 2014 through 2035, the Secretary shall use not less than 

20 $35,000,000, plus accrued interest, of the amounts author21 ized to be expended from the Reclamation Infrastructure 

22 and Settlement Implementation Account established under 

23 section 102(3)— 

24 (1) to provide compensation authorized under an 

25 Act of Congress to extinguish or otherwise resolve all 


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1 monetary claims of an Indian tribe against the 

2 United States relating to the continued and past use 

3 of the land of the Indian tribe by the United States 

4 for the generation of hydropower; or 

5 (2) to complete construction, planning, and de6 sign of projects and implement provisions authorized 

7 under one or more Acts of Congress that— 

8 (A) settle or otherwise resolve, in whole or 

9 in part, litigation involving the United States 

10 and the rights of one or more federally recognized 

11 Indian tribes to access, use, or manage water re12 sources; or 

13 (B) implement agreements approved by 

14 Congress pursuant to which one or more feder15 ally recognized Indian tribes agree to some limi16 tation on the exercise of rights or claims to ac17 cess, use, or manage water resources. 


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1 TITLE IV—REPAIR, REPLACE2 MENT, AND MAINTENANCE OF 

3 CERTAIN INDIAN IRRIGATION 

4 PROJECTS 

5 SEC. 401. REPAIR, REPLACEMENT, AND MAINTENANCE OF 

6 CERTAIN INDIAN IRRIGATION PROJECTS. 

7 (a) IN GENERAL.—The Secretary shall establish a pro8 gram to address the deferred maintenance needs of Indian 

9 irrigation projects that— 

10 (1) create risks to public or employee safety or 

11 natural or cultural resources; and 

12 (2) unduly impede the management and effi13 ciency of the Indian irrigation program. 

14 (b) FUNDING.—Consistent with section 104, of the 

15 amounts authorized to be expended from the Indian Irriga16 tion Account established under section 102(2), the Secretary 

17 shall use or transfer to the Bureau of Indian Affairs not 

18 less than $35,000,000, plus accrued interest, for each of fis19 cal years 2014 through 2035 to carry out maintenance, re20 pair, and replacement activities for 1 or more of the Indian 

21 irrigation projects described in section 402 (including any 

22 structures, facilities, equipment, or vehicles used in connec23 tion with the operation of those projects). 


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1 SEC. 402. ELIGIBLE PROJECTS. 

2 The projects eligible for funding under section 401(b) 

3 are the Indian irrigation projects in the western United 

4 States that, on the date of enactment of this Act— 

5 (1) are owned by the Federal Government, as 

6 listed in the Federal inventory required by Executive 

7 Order 13327 (40 U.S.C. 121 note; relating to Federal 

8 real property asset management); 

9 (2) are managed by the Bureau of Indian Affairs 

10 (including projects managed under contracts or com11 pacts pursuant to the Indian Self-Determination and 

12 Education Assistance Act (25 U.S.C. 450 et seq.); and 

13 (3) have deferred maintenance documented by 

14 the Bureau of Indian Affairs. 

15 SEC. 403. REQUIREMENTS AND CONDITIONS. 

16 Not later than 180 days after the date of enactment 

17 of this Act and as a precondition to amounts being ex18 pended from the Fund to carry out this title, the Secretary 

19 of the Interior, in consultation with the Assistant Secretary 

20 for Indian Affairs, the Commissioner of the Bureau of Rec21 lamation, and representatives of affected Indian tribes, 

22 shall develop and submit to Congress— 

23 (1) programmatic goals to carry out this title 

24 that— 


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1 (A) would enable the completion of repair2 ing, replacing, improving, or performing mainte3 nance on projects as expeditiously as possible; 

4 (B) facilitate or improve the ability of the 

5 Bureau of Indian Affairs to carry out the mis6 sion of the Bureau of Indian Affairs in oper7 ating a project; and 

8 (C) ensure that the results of government-to9 government consultation required under section 

10 405 be addressed; and 

11 (2) funding prioritization criteria to serve as a 

12 methodology for distributing funds under this title, 

13 that take into account— 

14 (A) the extent to which deferred mainte15 nance of qualifying irrigation projects poses a 

16 threat to public or employee safety or health; 

17 (B) the extent to which deferred mainte18 nance poses a threat to natural or cultural re19 sources; 

20 (C) the extent to which deferred mainte21 nance poses a threat to the ability of the Bureau 

22 of Indian Affairs to carry out the mission of the 

23 Bureau of Indian Affairs in operating the 

24 project; 


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1 (D) the extent to which repairing, replac2 ing, improving, or performing maintenance on a 

3 facility or structure will— 

4 (i) improve public or employee safety, 

5 health, or accessibility; 

6 (ii) assist in compliance with codes, 

7 standards, laws, or other requirements; 

8 (iii) address unmet needs; and 

9 (iv) assist in protecting natural or cul10 tural resources; 

11 (E) the methodology of the rehabilitation 

12 priority index of the Secretary, as in effect on 

13 the date of enactment of this Act; 

14 (F) the potential economic benefits of the ex15 penditures on job creation and general economic 

16 development in the affected tribal communities; 

17 (G) the ability of the qualifying project to 

18 address tribal, regional, and watershed level 

19 water supply needs; and 

20 (H) such other factors as the Secretary de21 termines to be appropriate to prioritize the use 

22 of available funds that are, to the fullest extent 

23 practicable, consistent with tribal and user rec24 ommendations received pursuant to the consulta25 tion and input process under section 405. 


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1 SEC. 404. STUDY OF INDIAN IRRIGATION PROGRAM AND 

2 PROJECT MANAGEMENT. 

3 (a) TRIBAL CONSULTATION AND USER INPUT.—Before 

4 beginning to conduct the study required under subsection 

5 (b), the Secretary of the Interior shall— 

6 (1) consult with the Indian tribes that have ju7 risdiction over the land on which an irrigation 

8 project eligible to receive funding under section 402 is 

9 located; and 

10 (2) solicit and consider the input, comments, and 

11 recommendations of the landowners served by the irri12 gation project. 

13 (b) STUDY.—Not later than 2 years after the date of 

14 enactment of this Act, the Secretary of the Interior, acting 

15 through the Assistant Secretary for Indian Affairs, shall 

16 complete a study that evaluates options for improving pro17 grammatic and project management and performance of ir18 rigation projects managed and operated in whole or in part 

19 by the Bureau of Indian Affairs. 

20 (c) REPORT.—On completion of the study under sub21 section (b), the Secretary of the Interior, acting through the 

22 Assistant Secretary for Indian Affairs, shall submit to the 

23 Committees on Energy and Natural Resources and Indian 

24 Affairs of the Senate and the Committee on Natural Re25 sources of the House of Representatives a report that— 

26 (1) describes the results of the study; and 


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1 (2) includes recommendations for improving pro2 grammatic and project management and performance 

3 in each qualifying project area and for the program 

4 as a whole. 

5 (d) FUNDING.—Of the amounts authorized to be ex6 pended from the Indian Irrigation Account established 

7 under section 102(2), $1,000,000 shall be made available 

8 during fiscal year 2014 to carry out this section, to remain 

9 available until expended. 

10 SEC. 405. TRIBAL CONSULTATION AND USER INPUT. 

11 Before expending funds on an Indian irrigation 

12 project pursuant to section 401, the Secretary of the Interior 

13 shall— 

14 (1) consult with the Indian tribe that has juris15 diction over the land on which an irrigation project 

16 eligible to receive funding under section 402 is lo17 cated; and 

18 (2) solicit and consider the input, comments, and 

19 recommendations of the landowners served by the irri20 gation project. 

21 SEC. 406. ALLOCATION AMONG PROJECTS. 

22 (a) IN GENERAL.—Subject to subsection (b), to the 

23 maximum extent practicable, the Secretary shall ensure 

24 that, for each of fiscal years 2014 through 2035, each Indian 

25 irrigation project eligible for funding under section 402 that 


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1 has critical maintenance needs receives part of the funding 

2 under section 401 to address critical maintenance needs. 

3 (b) PRIORITY.—In allocating amounts under section 

4 401(b), in addition to considering the funding priorities de5 scribed in section 403, the Secretary shall give priority to 

6 Indian irrigation projects for which funding has not been 

7 made available during the 15-year period ending on the day 

8 before the date of enactment of this Act under any other 

9 Act of Congress that expressly identifies the Indian irriga10 tion project or the Indian reservation of the project to ad11 dress the deferred maintenance, repair, or replacement 

12 needs of the Indian irrigation project. 

13 (c) CAP ON FUNDING.— 

14 (1) IN GENERAL.—Subject to paragraph (2), in 

15 allocating amounts under section 401(b), the Sec16 retary shall allocate not more than $15,000,000 to 

17 any individual Indian irrigation project described in 

18 section 402 during any consecutive 3-year period. 

19 (2) EXCEPTION.—Notwithstanding the cap de20 scribed in paragraph (1), if the full amount under 

21 section 401(b) cannot be fully allocated to eligible ir22 rigation projects because the only remaining activities 

23 authorized in section 401(b) are for irrigation 

24 projects that would exceed the cap described in para25 graph (1), the Secretary may allocate the remaining 


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1 funds to eligible irrigation projects in accordance 

2 with this title. 

3 (d) BASIS OF FUNDING.—Any amounts made avail4 able under this section shall be nonreimbursable. 

5 (e) APPLICABILITY OF ISDEAA.—The Indian Self-De6 termination and Education Assistance Act (25 U.S.C. 450 

7 et seq.) shall apply to activities carried out under this sec8 tion. 


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Calendar No. 393 

113TH CONGRESS 

2D SESSION S. 715 

[Report No. 113–167] 

A BILL 

To authorize the Secretary of the Interior to use 

poses. thorized rural water projects, and for other purdesignated funding to pay for construction of auMAY 22, 2014 

Reported with an amendment 


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