II 

Calendar No. 443 

114TH CONGRESS 

2D SESSION S. 438 

[Report No. 114–245] 

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, Mr. 

DAINES, and Mr. BENNET) introduced the following bill; which was read 

twice and referred to the Committee on Indian Affairs 

APRIL 27, 2016 

Reported by Mr. BARRASSO, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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 


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1 Governments and Their Economies Act’’ or the ‘‘IRRI2 GATE Act’’. 

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

4 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

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. 

5 SEC. 2. DEFINITIONS. 

6 In this Act: 

7 (1) FUND.—The term ‘‘Fund’’ means the In8 dian Irrigation Fund established by section 101. 

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

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

11 Indian Self-Determination and Education Assistance 

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

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

14 the Secretary of the Interior, acting through the 

15 Commissioner of Reclamation. 


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1 TITLE I—INDIAN IRRIGATION 

2 FUND 

3 SEC. 101. ESTABLISHMENT. 

4 There is established in the Treasury of the United 

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

6 Fund’’, consisting of— 

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

8 under section 103; and 

9 (2) any interest earned on investment of 

10 amounts in the Fund under section 105. 

11 SEC. 102. DEPOSITS TO FUND. 

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

13 through 2036, the Secretary of the Treasury shall deposit 

14 in the Fund $35,000,000 of the revenues that would oth15 erwise be deposited for the fiscal year in the reclamation 

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

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

18 (b) AVAILABILITY OF AMOUNTS.—Amounts depos19 ited in the Fund under subsection (a) shall be used, sub20 ject to appropriation, to carry out this Act. 

21 SEC. 103. EXPENDITURES FROM FUND. 

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

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

24 the extent provided in advance in appropriations Acts, exVerDate Sep 11 2014 21:22 Apr 27, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S438.RS S438

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1 pend from the Fund, in accordance with this Act, not more 

2 than the sum of— 

3 (1) $35,000,000; and 

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

5 (b) ADDITIONAL EXPENDITURES.—The Secretary 

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

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

8 available in the Fund as a result of a failure of the Sec9 retary to expend all of the amounts available under sub10 section (a) in 1 or more prior fiscal years. 

11 SEC. 104. INVESTMENTS OF AMOUNTS. 

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

13 portion of the Fund as is not, in the judgment of the Sec14 retary, required to meet current withdrawals. 

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

16 proceeds from the sale or redemption of, any obligations 

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

18 of, the Fund. 

19 SEC. 105. TRANSFERS OF AMOUNTS. 

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

21 transferred to the Fund under this title shall be trans22 ferred at least monthly from the general fund of the 

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

24 the Secretary of the Treasury. 


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1 (b) ADJUSTMENTS.—Proper adjustment shall be 

2 made in amounts subsequently transferred to the extent 

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

4 required to be transferred. 

5 SEC. 106. TERMINATION. 

6 On September 30, 2036— 

7 (1) the Fund shall terminate; and 

8 (2) the unexpended and unobligated balance of 

9 the Fund shall be transferred to the reclamation 

10 fund established by the first section of the Act of 

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

12 TITLE II—REPAIR, REPLACE13 MENT, AND MAINTENANCE OF 

14 CERTAIN INDIAN IRRIGATION 

15 PROJECTS 

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

17 CERTAIN INDIAN IRRIGATION PROJECTS. 

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

19 program to address the deferred maintenance needs of In20 dian irrigation projects that— 

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

22 natural or cultural resources; and 

23 (2) unduly impede the management and effi24 ciency of the Indian irrigation program. 


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1 (b) FUNDING.—Consistent with section 103, the Sec2 retary shall use or transfer to the Bureau of Indian Af3 fairs not less than $35,000,000 of amounts in the Fund, 

4 plus accrued interest, for each of fiscal years 2015 

5 through 2036 to carry out maintenance, repair, and re6 placement activities for 1 or more of the Indian irrigation 

7 projects described in section 202 (including any struc8 tures, facilities, equipment, or vehicles used in connection 

9 with the operation of those projects). 

10 SEC. 202. ELIGIBLE PROJECTS. 

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

12 are the Indian irrigation projects in the western United 

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

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

15 listed in the Federal inventory required by Executive 

16 Order 13327 (40 U.S.C. 121 note; relating to Fed17 eral real property asset management); 

18 (2) are managed by the Bureau of Indian Af19 fairs (including projects managed under contracts or 

20 compacts pursuant to the Indian Self-Determination 

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

22 seq.); and 

23 (3) have deferred maintenance documented by 

24 the Bureau of Indian Affairs. 


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1 SEC. 203. REQUIREMENTS AND CONDITIONS. 

2 Not later than 120 days after the date of enactment 

3 of this Act and as a precondition to amounts being ex4 pended from the Fund to carry out this title, the Sec5 retary, in consultation with the Assistant Secretary for In6 dian Affairs, the Commissioner of Reclamation, and rep7 resentatives of affected Indian tribes, shall develop and 

8 submit to Congress— 

9 (1) programmatic goals to carry out this title 

10 that— 

11 (A) would enable the completion of repair12 ing, replacing, improving, or performing main13 tenance on projects as expeditiously as possible; 

14 (B) facilitate or improve the ability of the 

15 Bureau of Indian Affairs to carry out the mis16 sion of the Bureau of Indian Affairs in oper17 ating a project; and 

18 (C) ensure that the results of government19 to-government consultation required under sec20 tion 205 be addressed; and 

21 (2) funding prioritization criteria to serve as a 

22 methodology for distributing funds under this title, 

23 that take into account— 

24 (A) the extent to which deferred mainte25 nance of qualifying irrigation projects poses a 

26 threat to public or employee safety or health; 


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1 (B) the extent to which deferred mainte2 nance poses a threat to natural or cultural re3 sources; 

4 (C) the extent to which deferred mainte5 nance poses a threat to the ability of the Bu6 reau of Indian Affairs to carry out the mission 

7 of the Bureau of Indian Affairs in operating the 

8 project; 

9 (D) the extent to which repairing, replac10 ing, improving, or performing maintenance on a 

11 facility or structure will— 

12 (i) improve public or employee safety, 

13 health, or accessibility; 

14 (ii) assist in compliance with codes, 

15 standards, laws, or other requirements; 

16 (iii) address unmet needs; and 

17 (iv) assist in protecting natural or cul18 tural resources; 

19 (E) the methodology of the rehabilitation 

20 priority index of the Secretary, as in effect on 

21 the date of enactment of this Act; 

22 (F) the potential economic benefits of the 

23 expenditures on job creation and general eco24 nomic development in the affected tribal com25 munities; 


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1 (G) the ability of the qualifying project to 

2 address tribal, regional, and watershed level 

3 water supply needs; and 

4 (H) such other factors as the Secretary de5 termines to be appropriate to prioritize the use 

6 of available funds that are, to the fullest extent 

7 practicable, consistent with tribal and user rec8 ommendations received pursuant to the con9 sultation and input process under section 205. 

10 SEC. 204. STUDY OF INDIAN IRRIGATION PROGRAM AND 

11 PROJECT MANAGEMENT. 

12 (a) TRIBAL CONSULTATION AND USER INPUT.—Be13 fore beginning to conduct the study required under sub14 section (b), the Secretary shall— 

15 (1) consult with the Indian tribes that have ju16 risdiction over the land on which an irrigation 

17 project eligible to receive funding under section 202 

18 is located; and 

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

20 and recommendations of the landowners served by 

21 the irrigation project. 

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

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

24 acting through the Assistant Secretary for Indian Affairs, 

25 shall complete a study that evaluates options for improvVerDate Sep 11 2014 21:22 Apr 27, 2016 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S438.RS S438

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1 ing programmatic and project management and perform2 ance of irrigation projects managed and operated in whole 

3 or in part by the Bureau of Indian Affairs. 

4 (c) REPORT.—On completion of the study under sub5 section (b), the Secretary of the Interior, acting through 

6 the Assistant Secretary for Indian Affairs, shall submit 

7 to the Committees on Energy and Natural Resources and 

8 Indian Affairs of the Senate and the Committee on Nat9 ural Resources of the House of Representatives a report 

10 that— 

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

12 (2) includes recommendations for improving 

13 programmatic and project management and per14 formance in each qualifying project area and for the 

15 program as a whole. 

16 (d) FUNDING.—Of the amounts authorized to be ex17 pended from the Fund, $1,000,000 shall be made available 

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

19 available until expended. 

20 SEC. 205. TRIBAL CONSULTATION AND USER INPUT. 

21 Before expending funds on an Indian irrigation 

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

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

24 shall— 


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1 (1) consult with the Indian tribe that has juris2 diction over the land on which an irrigation project 

3 eligible to receive funding under section 202 is lo4 cated; and 

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

6 and recommendations of the landowners served by 

7 the irrigation project. 

8 SEC. 206. ALLOCATION AMONG PROJECTS. 

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

10 maximum extent practicable, the Secretary shall ensure 

11 that, for each of fiscal years 2015 through 2036, each In12 dian irrigation project eligible for funding under section 

13 202 that has critical maintenance needs receives part of 

14 the funding under section 201 to address critical mainte15 nance needs. 

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

17 201(b), in addition to considering the funding priorities 

18 described in section 203, the Secretary shall give priority 

19 to eligible Indian irrigation projects serving more than 1 

20 Indian tribe within an Indian reservation and to projects 

21 for which funding has not been made available during the 

22 15-year period ending on the day before the date of enact23 ment of this Act under any other Act of Congress that 

24 expressly identifies the Indian irrigation project or the In25 dian reservation of the project to address the deferred 


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1 maintenance, repair, or replacement needs of the Indian 

2 irrigation project. 

3 (c) CAP ON FUNDING.— 

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

5 allocating amounts under section 201(b), the Sec6 retary shall allocate not more than $15,000,000 to 

7 any individual Indian irrigation project described in 

8 section 202 during any consecutive 3-year period. 

9 (2) EXCEPTION.—Notwithstanding the cap de10 scribed in paragraph (1), if the full amount under 

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

12 Indian irrigation projects because the costs of the 

13 remaining activities authorized in section 201(b) of 

14 an irrigation project would exceed the cap described 

15 in paragraph (1), the Secretary may allocate the re16 maining funds to eligible Indian irrigation projects 

17 in accordance with this title. 

18 (d) BASIS OF FUNDING.—Any amounts made avail19 able under this section shall be nonreimbursable. 

20 (e) APPLICABILITY OF ISDEAA.—The Indian Self21 Determination and Education Assistance Act (25 U.S.C. 

22 450 et seq.) shall apply to activities carried out under this 

23 section. 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Ir3 rigation Rehabilitation and Renovation for Indian Tribal 

4 Governments and Their Economies Act’’ or the ‘‘IRRI5 GATE Act’’. 

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

7 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

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. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 

10 (1) FUND.—The term ‘‘Fund’’ means the Indian 

11 Irrigation Fund established by section 101. 

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

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

14 Self-Determination and Education Assistance Act (25 

15 U.S.C. 450b). 


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

2 the Secretary of the Interior. 

3 TITLE I—INDIAN IRRIGATION 

4 FUND 

5 SEC. 101. ESTABLISHMENT. 

6 There is established in the Treasury of the United 

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

8 Fund’’, consisting of— 

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

10 under section 103; and 

11 (2) any interest earned on investment of 

12 amounts in the Fund under section 105. 

13 SEC. 102. DEPOSITS TO FUND. 

14 (a) IN GENERAL.—For each of fiscal years 2016 

15 through 2037, the Secretary of the Treasury shall deposit 

16 in the Fund $35,000,000 of the revenues that would other17 wise be deposited for the fiscal year in the reclamation fund 

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

19 (32 Stat. 388, chapter 1093). 

20 (b) AVAILABILITY OF AMOUNTS.—Amounts deposited 

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

22 appropriation, to carry out this Act. 

23 SEC. 103. EXPENDITURES FROM FUND. 

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

25 of fiscal years 2016 through 2037, the Secretary may, to 


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1 the extent provided in advance in appropriations Acts, ex2 pend from the Fund, in accordance with this Act, not more 

3 than the sum of— 

4 (1) $35,000,000; and 

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

6 (b) ADDITIONAL EXPENDITURES.—The Secretary may 

7 expend more than $35,000,000 for any fiscal year referred 

8 to in subsection (a) if the additional amounts are available 

9 in the Fund as a result of a failure of the Secretary to ex10 pend all of the amounts available under subsection (a) in 

11 1 or more prior fiscal years. 

12 SEC. 104. INVESTMENTS OF AMOUNTS. 

13 (a) IN GENERAL.—The Secretary of the Treasury shall 

14 invest such portion of the Fund as is not, in the judgment 

15 of the Secretary, required to meet current withdrawals. 

16 (b) CREDITS TO FUND.—The interest on, and the pro17 ceeds from the sale or redemption of, any obligations held 

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

19 Fund. 

20 SEC. 105. TRANSFERS OF AMOUNTS. 

21 (a) IN GENERAL.—The amounts required to be trans22 ferred to the Fund under this title shall be transferred at 

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

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

25 the Treasury. 


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

2 in amounts subsequently transferred to the extent prior esti3 mates are in excess of or less than the amounts required 

4 to be transferred. 

5 SEC. 106. TERMINATION. 

6 On September 30, 2037— 

7 (1) the Fund shall terminate; and 

8 (2) the unexpended and unobligated balance of 

9 the Fund shall be transferred to the reclamation fund 

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

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

12 TITLE II—REPAIR, REPLACE13 MENT, AND MAINTENANCE OF 

14 CERTAIN INDIAN IRRIGATION 

15 PROJECTS 

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

17 CERTAIN INDIAN IRRIGATION PROJECTS. 

18 (a) IN GENERAL.—The Secretary shall establish a pro19 gram to address the deferred maintenance needs of Indian 

20 irrigation projects that— 

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

22 natural or cultural resources; and 

23 (2) unduly impede the management and effi24 ciency of the Indian irrigation program. 


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1 (b) FUNDING.—Consistent with section 103, the Sec2 retary shall use or transfer to the Bureau of Indian Affairs 

3 not less than $35,000,000 of amounts in the Fund, plus ac4 crued interest, for each of fiscal years 2016 through 2037 

5 to carry out maintenance, repair, and replacement activi6 ties for 1 or more of the Indian irrigation projects described 

7 in section 202 (including any structures, facilities, equip8 ment, personnel, or vehicles used in connection with the op9 eration of those projects), subject to the condition that the 

10 funds expended under this title shall not be— 

11 (1) subject to reimbursement by the owners of the 

12 land served by the Indian irrigation projects; or 

13 (2) assessed as debts or liens against the land 

14 served by the Indian irrigation projects. 

15 SEC. 202. ELIGIBLE PROJECTS. 

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

17 are the Indian irrigation projects in the western United 

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

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

20 listed in the Federal inventory required by Executive 

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

22 real property asset management); 

23 (2) are managed and operated by the Bureau of 

24 Indian Affairs (including projects managed, operated, 

25 or maintained under contracts or compacts pursuant 


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1 to the Indian Self-Determination and Education As2 sistance Act (25 U.S.C. 450 et seq.); and 

3 (3) have deferred maintenance documented by 

4 the Bureau of Indian Affairs. 

5 SEC. 203. REQUIREMENTS AND CONDITIONS. 

6 Not later than 120 days after the date of enactment 

7 of this Act and as a precondition to amounts being ex8 pended from the Fund to carry out this title, the Secretary, 

9 in consultation with the Assistant Secretary for Indian Af10 fairs and representatives of affected Indian tribes, shall de11 velop and submit to Congress— 

12 (1) programmatic goals to carry out this title 

13 that— 

14 (A) would enable the completion of repair15 ing, replacing, improving, or performing mainte16 nance on projects as expeditiously as possible; 

17 (B) facilitate or improve the ability of the 

18 Bureau of Indian Affairs to carry out the mis19 sion of the Bureau of Indian Affairs in oper20 ating a project; and 

21 (C) ensure that the results of government-to22 government consultation required under section 

23 205 be addressed; and 


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1 (2) funding prioritization criteria to serve as a 

2 methodology for distributing funds under this title, 

3 that take into account— 

4 (A) the extent to which deferred mainte5 nance of qualifying irrigation projects poses a 

6 threat to public or employee safety or health; 

7 (B) the extent to which deferred mainte8 nance poses a threat to natural or cultural re9 sources; 

10 (C) the extent to which deferred mainte11 nance poses a threat to the ability of the Bureau 

12 of Indian Affairs to carry out the mission of the 

13 Bureau of Indian Affairs in operating the 

14 project; 

15 (D) the extent to which repairing, replac16 ing, improving, or performing maintenance on a 

17 facility or structure will— 

18 (i) improve public or employee safety, 

19 health, or accessibility; 

20 (ii) assist in compliance with codes, 

21 standards, laws, or other requirements; 

22 (iii) address unmet needs; and 

23 (iv) assist in protecting natural or cul24 tural resources; 


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1 (E) the methodology of the rehabilitation 

2 priority index of the Secretary, as in effect on 

3 the date of enactment of this Act; 

4 (F) the potential economic benefits of the ex5 penditures on job creation and general economic 

6 development in the affected tribal communities; 

7 (G) the ability of the qualifying project to 

8 address tribal, regional, and watershed level 

9 water supply needs; and 

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

12 of available funds that are, to the fullest extent 

13 practicable, consistent with tribal and user rec14 ommendations received pursuant to the consulta15 tion and input process under section 205. 

16 SEC. 204. STUDY OF INDIAN IRRIGATION PROGRAM AND 

17 PROJECT MANAGEMENT. 

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

19 beginning to conduct the study required under subsection 

20 (b), the Secretary shall— 

21 (1) consult with the Indian tribes that have ju22 risdiction over the land on which an irrigation 

23 project eligible to receive funding under section 202 is 

24 located; and 


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

2 recommendations of the landowners served by the irri3 gation project. 

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

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

6 through the Assistant Secretary for Indian Affairs, shall 

7 complete a study that evaluates options for improving pro8 grammatic and project management and performance of ir9 rigation projects managed and operated in whole or in part 

10 by the Bureau of Indian Affairs. 

11 (c) REPORT.—On completion of the study under sub12 section (b), the Secretary of the Interior, acting through the 

13 Assistant Secretary for Indian Affairs, shall submit to the 

14 Committee on Indian Affairs of the Senate and the Com15 mittee on Natural Resources of the House of Representatives 

16 a report that— 

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

18 (2) includes recommendations for improving pro19 grammatic and project management and performance 

20 in each qualifying project area and for the program 

21 as a whole. 

22 (d) STATUS REPORT.—Not later than 2 years after the 

23 date of enactment of this Act, and not less frequently than 

24 every 2 years thereafter, the Secretary of the Interior, acting 

25 through the Assistant Secretary for Indian Affairs, shall 


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1 submit to the Committee on Indian Affairs of the Senate 

2 and the Committee on Natural Resources of the House of 

3 Representatives a report that includes a description of— 

4 (1) the progress made toward addressing the de5 ferred maintenance needs of the Indian irrigation 

6 projects described in section 202, including a list of 

7 projects funded during the fiscal period covered by the 

8 report; 

9 (2) the outstanding needs of those projects that 

10 have been provided funding to address the deferred 

11 maintenance needs pursuant to this title; 

12 (3) the remaining needs of any of those projects; 

13 (4) how the goals established pursuant to section 

14 203 have been met, including— 

15 (A) an identification and assessment of any 

16 deficiencies or shortfalls in meeting those goals; 

17 and 

18 (B) a plan to address the deficiencies or 

19 shortfalls in meeting those goals; and 

20 (5) any other subject matters the Secretary of the 

21 Interior, to the maximum extent practicable con22 sistent with tribal and user recommendations received 

23 pursuant to the consultation and input process under 

24 this section, determines to be appropriate. 


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1 SEC. 205. TRIBAL CONSULTATION AND USER INPUT. 

2 Before expending funds on an Indian irrigation 

3 project pursuant to section 201 and not later than 120 days 

4 after the date of enactment of this Act, the Secretary shall— 

5 (1) consult with the Indian tribe that has juris6 diction over the land on which an irrigation project 

7 eligible to receive funding under section 202 is lo8 cated; and 

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

10 recommendations of the landowners served by the irri11 gation project. 

12 SEC. 206. ALLOCATION AMONG PROJECTS. 

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

14 maximum extent practicable, the Secretary shall ensure 

15 that, for each of fiscal years 2016 through 2037, each Indian 

16 irrigation project eligible for funding under section 202 that 

17 has critical maintenance needs receives part of the funding 

18 under section 201 to address critical maintenance needs. 

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

20 201(b), in addition to considering the funding priorities de21 scribed in section 203, the Secretary shall give priority to 

22 eligible Indian irrigation projects serving more than 1 In23 dian tribe within an Indian reservation and to projects for 

24 which funding has not been made available during the 10- 

25 year period ending on the day before the date of enactment 

26 of this Act under any other Act of Congress that expressly 


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1 identifies the Indian irrigation project or the Indian res2 ervation of the project to address the deferred maintenance, 

3 repair, or replacement needs of the Indian irrigation 

4 project. 

5 (c) CAP ON FUNDING.— 

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

7 allocating amounts under section 201(b), the Sec8 retary shall allocate not more than $15,000,000 to 

9 any individual Indian irrigation project described in 

10 section 202 during any consecutive 3-year period. 

11 (2) EXCEPTION.—Notwithstanding the cap de12 scribed in paragraph (1), if the full amount under 

13 section 201(b) cannot be fully allocated to eligible In14 dian irrigation projects because the costs of the re15 maining activities authorized in section 201(b) of an 

16 irrigation project would exceed the cap described in 

17 paragraph (1), the Secretary may allocate the re18 maining funds to eligible Indian irrigation projects 

19 in accordance with this title. 

20 (d) BASIS OF FUNDING.—Any amounts made avail21 able under this section shall be nonreimbursable. 

22 (e) APPLICABILITY OF ISDEAA.—The Indian Self-De23 termination and Education Assistance Act (25 U.S.C. 450 

24 et seq.) shall apply to activities carried out under this sec25 tion. 


sradovich on DSK3TPTVN1PROD with BILLS

sradovich on DSK3TPTVN1PROD with BILLS
Calendar No. 443 

114TH CONGRESS 

2D SESSION S. 438 

[Report No. 114–245] 

A BILL 

To provide for the repair, replacement, and 

maintenance of certain Indian irrigation projects. 

APRIL 27, 2016 

Reported with an amendment 


sradovich on DSK3TPTVN1PROD with BILLS