II 

114TH CONGRESS 

1ST SESSION S. 438 

To provide for the repair, replacement, and maintenance of certain Indian 

irrigation projects. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2015 

Mr. BARRASSO (for himself, Mr. TESTER, Mr. HATCH, Mr. ENZI, and Mr. 

DAINES) introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

A BILL 

To provide for the repair, replacement, and maintenance 

of certain Indian irrigation projects. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Ir5 rigation Rehabilitation and Renovation for Indian Tribal 

6 Governments and Their Economies Act’’ or the ‘‘IRRI7 GATE Act’’. 

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

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 


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TITLE I—INDIAN IRRIGATION FUND 

Sec. 101. Establishment. 

Sec. 102. Deposits to Fund. 

Sec. 103. Expenditures from Fund. 

Sec. 104. Investments of amounts. 

Sec. 105. Transfers of amounts. 

Sec. 106. Termination. 

TITLE II—REPAIR, REPLACEMENT, AND MAINTENANCE OF 

CERTAIN INDIAN IRRIGATION PROJECTS 

Sec. 201. Repair, replacement, and maintenance of certain Indian irrigation 

projects. 

Sec. 202. Eligible projects. 

Sec. 203. Requirements and conditions. 

Sec. 204. Study of Indian irrigation program and project management. 

Sec. 205. Tribal consultation and user input. 

Sec. 206. Allocation among projects. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) FUND.—The term ‘‘Fund’’ means the In4 dian Irrigation Fund established by section 101. 

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

6 has the meaning given the term in section 4 of the 

7 Indian Self-Determination and Education Assistance 

8 Act (25 U.S.C. 450b). 

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

10 the Secretary of the Interior, acting through the 

11 Commissioner of Reclamation. 

12 TITLE I—INDIAN IRRIGATION 

13 FUND 

14 SEC. 101. ESTABLISHMENT. 

15 There is established in the Treasury of the United 

16 States a fund, to be known as the ‘‘Indian Irrigation 

17 Fund’’, consisting of— 


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

2 under section 103; and 

3 (2) any interest earned on investment of 

4 amounts in the Fund under section 105. 

5 SEC. 102. DEPOSITS TO FUND. 

6 (a) IN GENERAL.—For each of fiscal years 2015 

7 through 2036, the Secretary of the Treasury shall deposit 

8 in the Fund $35,000,000 of the revenues that would oth9 erwise be deposited for the fiscal year in the reclamation 

10 fund established by the first section of the Act of June 

11 17, 1902 (32 Stat. 388, chapter 1093). 

12 (b) AVAILABILITY OF AMOUNTS.—Amounts depos13 ited in the Fund under subsection (a) shall be used, sub14 ject to appropriation, to carry out this Act. 

15 SEC. 103. EXPENDITURES FROM FUND. 

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

17 of fiscal years 2015 through 2036, the Secretary may, to 

18 the extent provided in advance in appropriations Acts, ex19 pend from the Fund, in accordance with this Act, not more 

20 than the sum of— 

21 (1) $35,000,000; and 

22 (2) the amount of interest accrued in the Fund. 

23 (b) ADDITIONAL EXPENDITURES.—The Secretary 

24 may expend more than $35,000,000 for any fiscal year 

25 referred to in subsection (a) if the additional amounts are 


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1 available in the Fund as a result of a failure of the Sec2 retary to expend all of the amounts available under sub3 section (a) in 1 or more prior fiscal years. 

4 SEC. 104. INVESTMENTS OF AMOUNTS. 

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

6 portion of the Fund as is not, in the judgment of the Sec7 retary, required to meet current withdrawals. 

8 (b) CREDITS TO FUND.—The interest on, and the 

9 proceeds from the sale or redemption of, any obligations 

10 held in the Fund shall be credited to, and form a part 

11 of, the Fund. 

12 SEC. 105. TRANSFERS OF AMOUNTS. 

13 (a) IN GENERAL.—The amounts required to be 

14 transferred to the Fund under this title shall be trans15 ferred at least monthly from the general fund of the 

16 Treasury to the Fund on the basis of estimates made by 

17 the Secretary of the Treasury. 

18 (b) ADJUSTMENTS.—Proper adjustment shall be 

19 made in amounts subsequently transferred to the extent 

20 prior estimates are in excess of or less than the amounts 

21 required to be transferred. 

22 SEC. 106. TERMINATION. 

23 On September 30, 2036— 

24 (1) the Fund shall terminate; and 


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1 (2) the unexpended and unobligated balance of 

2 the Fund shall be transferred to the reclamation 

3 fund established by the first section of the Act of 

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

5 TITLE II—REPAIR, REPLACE6 MENT, AND MAINTENANCE OF 

7 CERTAIN INDIAN IRRIGATION 

8 PROJECTS 

9 SEC. 201. REPAIR, REPLACEMENT, AND MAINTENANCE OF 

10 CERTAIN INDIAN IRRIGATION PROJECTS. 

11 (a) IN GENERAL.—The Secretary shall establish a 

12 program to address the deferred maintenance needs of In13 dian irrigation projects that— 

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

15 natural or cultural resources; and 

16 (2) unduly impede the management and effi17 ciency of the Indian irrigation program. 

18 (b) FUNDING.—Consistent with section 103, the Sec19 retary shall use or transfer to the Bureau of Indian Af20 fairs not less than $35,000,000 of amounts in the Fund, 

21 plus accrued interest, for each of fiscal years 2015 

22 through 2036 to carry out maintenance, repair, and re23 placement activities for 1 or more of the Indian irrigation 

24 projects described in section 202 (including any strucVerDate Sep 11 2014 04:55 Feb 18, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S438.IS S438

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1 tures, facilities, equipment, or vehicles used in connection 

2 with the operation of those projects). 

3 SEC. 202. ELIGIBLE PROJECTS. 

4 The projects eligible for funding under section 201(b) 

5 are the Indian irrigation projects in the western United 

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

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

8 listed in the Federal inventory required by Executive 

9 Order 13327 (40 U.S.C. 121 note; relating to Fed10 eral real property asset management); 

11 (2) are managed by the Bureau of Indian Af12 fairs (including projects managed under contracts or 

13 compacts pursuant to the Indian Self-Determination 

14 and Education Assistance Act (25 U.S.C. 450 et 

15 seq.); and 

16 (3) have deferred maintenance documented by 

17 the Bureau of Indian Affairs. 

18 SEC. 203. REQUIREMENTS AND CONDITIONS. 

19 Not later than 120 days after the date of enactment 

20 of this Act and as a precondition to amounts being ex21 pended from the Fund to carry out this title, the Sec22 retary, in consultation with the Assistant Secretary for In23 dian Affairs, the Commissioner of Reclamation, and rep24 resentatives of affected Indian tribes, shall develop and 

25 submit to Congress— 


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1 (1) programmatic goals to carry out this title 

2 that— 

3 (A) would enable the completion of repair4 ing, replacing, improving, or performing main5 tenance on projects as expeditiously as possible; 

6 (B) facilitate or improve the ability of the 

7 Bureau of Indian Affairs to carry out the mis8 sion of the Bureau of Indian Affairs in oper9 ating a project; and 

10 (C) ensure that the results of government11 to-government consultation required under sec12 tion 205 be addressed; and 

13 (2) funding prioritization criteria to serve as a 

14 methodology for distributing funds under this title, 

15 that take into account— 

16 (A) the extent to which deferred mainte17 nance of qualifying irrigation projects poses a 

18 threat to public or employee safety or health; 

19 (B) the extent to which deferred mainte20 nance poses a threat to natural or cultural re21 sources; 

22 (C) the extent to which deferred mainte23 nance poses a threat to the ability of the Bu24 reau of Indian Affairs to carry out the mission 


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1 of the Bureau of Indian Affairs in operating the 

2 project; 

3 (D) the extent to which repairing, replac4 ing, improving, or performing maintenance on a 

5 facility or structure will— 

6 (i) improve public or employee safety, 

7 health, or accessibility; 

8 (ii) assist in compliance with codes, 

9 standards, laws, or other requirements; 

10 (iii) address unmet needs; and 

11 (iv) assist in protecting natural or cul12 tural resources; 

13 (E) the methodology of the rehabilitation 

14 priority index of the Secretary, as in effect on 

15 the date of enactment of this Act; 

16 (F) the potential economic benefits of the 

17 expenditures on job creation and general eco18 nomic development in the affected tribal com19 munities; 

20 (G) the ability of the qualifying project to 

21 address tribal, regional, and watershed level 

22 water supply needs; and 

23 (H) such other factors as the Secretary de24 termines to be appropriate to prioritize the use 

25 of available funds that are, to the fullest extent 


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1 practicable, consistent with tribal and user rec2 ommendations received pursuant to the con3 sultation and input process under section 205. 

4 SEC. 204. STUDY OF INDIAN IRRIGATION PROGRAM AND 

5 PROJECT MANAGEMENT. 

6 (a) TRIBAL CONSULTATION AND USER INPUT.—Be7 fore beginning to conduct the study required under sub8 section (b), the Secretary shall— 

9 (1) consult with the Indian tribes that have ju10 risdiction over the land on which an irrigation 

11 project eligible to receive funding under section 202 

12 is located; and 

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

14 and recommendations of the landowners served by 

15 the irrigation project. 

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

17 of enactment of this Act, the Secretary of the Interior, 

18 acting through the Assistant Secretary for Indian Affairs, 

19 shall complete a study that evaluates options for improv20 ing programmatic and project management and perform21 ance of irrigation projects managed and operated in whole 

22 or in part by the Bureau of Indian Affairs. 

23 (c) REPORT.—On completion of the study under sub24 section (b), the Secretary of the Interior, acting through 

25 the Assistant Secretary for Indian Affairs, shall submit 


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1 to the Committees on Energy and Natural Resources and 

2 Indian Affairs of the Senate and the Committee on Nat3 ural Resources of the House of Representatives a report 

4 that— 

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

6 (2) includes recommendations for improving 

7 programmatic and project management and per8 formance in each qualifying project area and for the 

9 program as a whole. 

10 (d) FUNDING.—Of the amounts authorized to be ex11 pended from the Fund, $1,000,000 shall be made available 

12 during fiscal year 2015 to carry out this section, to remain 

13 available until expended. 

14 SEC. 205. TRIBAL CONSULTATION AND USER INPUT. 

15 Before expending funds on an Indian irrigation 

16 project pursuant to section 201 and not later than 60 days 

17 after the date of enactment of this Act, the Secretary 

18 shall— 

19 (1) consult with the Indian tribe that has juris20 diction over the land on which an irrigation project 

21 eligible to receive funding under section 202 is lo22 cated; and 

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

24 and recommendations of the landowners served by 

25 the irrigation project. 


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1 SEC. 206. ALLOCATION AMONG PROJECTS. 

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

3 maximum extent practicable, the Secretary shall ensure 

4 that, for each of fiscal years 2015 through 2036, each In5 dian irrigation project eligible for funding under section 

6 202 that has critical maintenance needs receives part of 

7 the funding under section 201 to address critical mainte8 nance needs. 

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

10 201(b), in addition to considering the funding priorities 

11 described in section 203, the Secretary shall give priority 

12 to eligible Indian irrigation projects serving more than 1 

13 Indian tribe within an Indian reservation and to projects 

14 for which funding has not been made available during the 

15 15-year period ending on the day before the date of enact16 ment of this Act under any other Act of Congress that 

17 expressly identifies the Indian irrigation project or the In18 dian reservation of the project to address the deferred 

19 maintenance, repair, or replacement needs of the Indian 

20 irrigation project. 

21 (c) CAP ON FUNDING.— 

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

23 allocating amounts under section 201(b), the Sec24 retary shall allocate not more than $15,000,000 to 

25 any individual Indian irrigation project described in 

26 section 202 during any consecutive 3-year period. 


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1 (2) EXCEPTION.—Notwithstanding the cap de2 scribed in paragraph (1), if the full amount under 

3 section 201(b) cannot be fully allocated to eligible 

4 Indian irrigation projects because the costs of the 

5 remaining activities authorized in section 201(b) of 

6 an irrigation project would exceed the cap described 

7 in paragraph (1), the Secretary may allocate the re8 maining funds to eligible Indian irrigation projects 

9 in accordance with this title. 

10 (d) BASIS OF FUNDING.—Any amounts made avail11 able under this section shall be nonreimbursable. 

12 (e) APPLICABILITY OF ISDEAA.—The Indian Self13 Determination and Education Assistance Act (25 U.S.C. 

14 450 et seq.) shall apply to activities carried out under this 

15 section. 

Æ 


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