IRRIGATE Act

To provide for the repair, replacement, and maintenance of certain Indian irrigation projects. 1. Short title; table of contents (a) Short title This Act may be cited as the Irrigation Rehabilitation and Renovation for Indian Tribal Governments and Their Economies Act IRRIGATE Act (b) Table of contents The table of contents of 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. 2. Definitions In this Act: (1) Fund The term Fund (2) Indian tribe The term Indian tribe 25 U.S.C. 450b (3) Secretary The term Secretary I Indian Irrigation Fund 101. Establishment There is established in the Treasury of the United States a fund, to be known as the Indian Irrigation Fund (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. 102. Deposits to Fund (a) In general For each of fiscal years 2015 through 2036, the Secretary of the Treasury shall deposit in the Fund $35,000,000 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). (b) Availability of amounts Amounts deposited in the Fund under subsection (a) shall be used, subject to appropriation, to carry out this Act. 103. Expenditures from Fund (a) In general Subject to subsection (b), for each of fiscal years 2015 through 2036, the Secretary may, to the extent provided in advance in appropriations Acts, expend from the Fund, in accordance with this Act, not more than the sum of— (1) $35,000,000; and (2) the amount of interest accrued in the Fund. (b) Additional expenditures The Secretary may expend more than $35,000,000 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. 104. 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. 105. 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. 106. Termination On September 30, 2036— (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). II Repair, replacement, and maintenance of certain Indian irrigation projects 201. 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 103, the Secretary shall use or transfer to the Bureau of Indian Affairs not less than $35,000,000 of amounts in the Fund, plus accrued interest, for each of fiscal years 2015 through 2036 to carry out maintenance, repair, and replacement activities for 1 or more of the Indian irrigation projects described in section 202 (including any structures, facilities, equipment, or vehicles used in connection with the operation of those projects). 202. Eligible projects The projects eligible for funding under section 201(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 (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. (3) have deferred maintenance documented by the Bureau of Indian Affairs. 203. Requirements and conditions Not later than 120 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, in consultation with the Assistant Secretary for Indian Affairs, the Commissioner 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 205 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 205. 204. 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 shall— (1) consult with the Indian tribes that have jurisdiction over the land on which an irrigation project eligible to receive funding under section 202 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 Fund, $1,000,000 shall be made available during fiscal year 2015 to carry out this section, to remain available until expended. 205. Tribal consultation and user input Before expending funds on an Indian irrigation project pursuant to section 201 and not later than 60 days after the date of enactment of this Act, the Secretary shall— (1) consult with the Indian tribe that has jurisdiction over the land on which an irrigation project eligible to receive funding under section 202 is located; and (2) solicit and consider the input, comments, and recommendations of the landowners served by the irrigation project. 206. 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 2015 through 2036, each Indian irrigation project eligible for funding under section 202 that has critical maintenance needs receives part of the funding under section 201 to address critical maintenance needs. (b) Priority In allocating amounts under section 201(b), in addition to considering the funding priorities described in section 203, the Secretary shall give priority to eligible Indian irrigation projects serving more than 1 Indian tribe within an Indian reservation and to 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 201(b), the Secretary shall allocate not more than $15,000,000 to any individual Indian irrigation project described in section 202 during any consecutive 3-year period. (2) Exception Notwithstanding the cap described in paragraph (1), if the full amount under section 201(b) cannot be fully allocated to eligible Indian irrigation projects because the costs of the remaining activities authorized in section 201(b) of an irrigation project would exceed the cap described in paragraph (1), the Secretary may allocate the remaining funds to eligible Indian 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. 1. Short title; table of contents (a) Short title This Act may be cited as the Irrigation Rehabilitation and Renovation for Indian Tribal Governments and Their Economies Act IRRIGATE Act (b) Table of contents The table of contents of 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. 2. Definitions In this Act: (1) Fund The term Fund (2) Indian tribe The term Indian tribe 25 U.S.C. 450b (3) Secretary The term Secretary I Indian Irrigation Fund 101. Establishment There is established in the Treasury of the United States a fund, to be known as the Indian Irrigation Fund (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. 102. Deposits to Fund (a) In general For each of fiscal years 2016 through 2037, the Secretary of the Treasury shall deposit in the Fund $35,000,000 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). (b) Availability of amounts Amounts deposited in the Fund under subsection (a) shall be used, subject to appropriation, to carry out this Act. 103. Expenditures from Fund (a) In general Subject to subsection (b), for each of fiscal years 2016 through 2037, the Secretary may, to the extent provided in advance in appropriations Acts, expend from the Fund, in accordance with this Act, not more than the sum of— (1) $35,000,000; and (2) the amount of interest accrued in the Fund. (b) Additional expenditures The Secretary may expend more than $35,000,000 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. 104. Investments of amounts (a) In general The Secretary of the Treasury 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. 105. 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. 106. Termination On September 30, 2037— (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). II Repair, replacement, and maintenance of certain Indian irrigation projects 201. 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 103, the Secretary shall use or transfer to the Bureau of Indian Affairs not less than $35,000,000 of amounts in the Fund, plus accrued interest, for each of fiscal years 2016 through 2037 to carry out maintenance, repair, and replacement activities for 1 or more of the Indian irrigation projects described in section 202 (including any structures, facilities, equipment, personnel, or vehicles used in connection with the operation of those projects), subject to the condition that the funds expended under this title shall not be— (1) subject to reimbursement by the owners of the land served by the Indian irrigation projects; or (2) assessed as debts or liens against the land served by the Indian irrigation projects. 202. Eligible projects The projects eligible for funding under section 201(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 (2) are managed and operated by the Bureau of Indian Affairs (including projects managed, operated, or maintained under contracts or compacts pursuant to the Indian Self-Determination and Education Assistance Act 25 U.S.C. 450 et seq. (3) have deferred maintenance documented by the Bureau of Indian Affairs. 203. Requirements and conditions Not later than 120 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, in consultation with the Assistant Secretary for Indian Affairs 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 205 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 205. 204. 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 shall— (1) consult with the Indian tribes that have jurisdiction over the land on which an irrigation project eligible to receive funding under section 202 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 Committee on 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) Status report Not later than 2 years after the date of enactment of this Act, and not less frequently than every 2 years thereafter, the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs, shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes a description of— (1) the progress made toward addressing the deferred maintenance needs of the Indian irrigation projects described in section 202, including a list of projects funded during the fiscal period covered by the report; (2) the outstanding needs of those projects that have been provided funding to address the deferred maintenance needs pursuant to this title; (3) the remaining needs of any of those projects; (4) how the goals established pursuant to section 203 have been met, including— (A) an identification and assessment of any deficiencies or shortfalls in meeting those goals; and (B) a plan to address the deficiencies or shortfalls in meeting those goals; and (5) any other subject matters the Secretary of the Interior, to the maximum extent practicable consistent with tribal and user recommendations received pursuant to the consultation and input process under this section, determines to be appropriate. 205. Tribal consultation and user input Before expending funds on an Indian irrigation project pursuant to section 201 and not later than 120 days after the date of enactment of this Act, the Secretary shall— (1) consult with the Indian tribe that has jurisdiction over the land on which an irrigation project eligible to receive funding under section 202 is located; and (2) solicit and consider the input, comments, and recommendations of the landowners served by the irrigation project. 206. 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 2016 through 2037, each Indian irrigation project eligible for funding under section 202 that has critical maintenance needs receives part of the funding under section 201 to address critical maintenance needs. (b) Priority In allocating amounts under section 201(b), in addition to considering the funding priorities described in section 203, the Secretary shall give priority to eligible Indian irrigation projects serving more than 1 Indian tribe within an Indian reservation and to projects for which funding has not been made available during the 10-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 201(b), the Secretary shall allocate not more than $15,000,000 to any individual Indian irrigation project described in section 202 during any consecutive 3-year period. (2) Exception Notwithstanding the cap described in paragraph (1), if the full amount under section 201(b) cannot be fully allocated to eligible Indian irrigation projects because the costs of the remaining activities authorized in section 201(b) of an irrigation project would exceed the cap described in paragraph (1), the Secretary may allocate the remaining funds to eligible Indian 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. April 27, 2016 Reported with an amendment

Summary: Irrigation Rehabilitation and Renovation for Indian Tribal Governments and Their Economies Act or the IRRIGATE Act TITLE I--INDIAN IRRIGATION FUND (Sec. 101) This bill establishes the Indian Irrigation Fund (Fund), from which the Department of the Interior may make expenditures to carry out this Act. (Sec. 102) The Department of the Treasury may deposit into such Fund for each of FY2016-FY2037 specified amounts of revenues that would otherwise be deposited in the reclamation fund. Interior may expend such amounts as provided in advance in appropriations Acts. Treasury shall invest any portion of the Fund not required to meet current withdrawals. (Sec. 106) The Fund shall terminate on September 30, 2037, and any unexpended and unobligated balance shall be transferred to the reclamation fund. TITLE II--REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN IRRIGATION PROJECTS (Sec. 201) Interior shall establish a program to address the deferred maintenance needs of Indian irrigation projects that: (1) create risks to public or employee safety or to natural or cultural resources, and (2) unduly impede the management and efficiency of the Indian irrigation program. Interior shall use or transfer to the Bureau of Indian Affairs (BIA) specified amounts in the Fund for each of FY2016-FY2037 to carry out maintenance, repair, and replacement activities for Indian irrigation projects in the western United States that are owned by the federal government and managed and operated by BIA and that have deferred maintenance documented by the BIA, subject to the condition that the funds expended under this title shall not be: (1) subject to reimbursement by the owners of the land served by the Indian irrigation projects, or (2) assessed as debts or liens against the land served by the Indian irrigation projects. (Sec. 203) As a condition of the expenditure of such amounts, Interior must submit to Congress programmatic goals to carry out this Act that: (1) would enable the completion of repairing, replacing, improving, or performing maintenance on projects as expeditiously as possible; (2) facilitate or improve BIA's ability to carry out its mission in operating a project; and (3) ensure that the results of government-to-government consultation with the Indian tribe that has jurisdiction over the land on which an eligible project is located are addressed. Interior must also submit funding prioritization criteria to serve as a methodology for distributing funds under this Act that takes into account: the extent to which deferred project maintenance threatens public or employee safety or health, natural or cultural resources, or BIA's ability to operate the project; the methodology of the rehabilitation priority index; the potential economic benefits of expenditures on job creation and general economic development in the affected tribal communities; and the ability of the qualifying project to address tribal, regional, and watershed level water supply needs. (Sec. 204) Interior, within two years of this Act's enactment, shall study and report to Congress on options for improving programmatic and project management and performance of irrigation projects managed and operated by BIA. Before conducting such study or expending funds on an Indian irrigation project under this bill, Interior shall: (1) consult with the Indian tribes that have jurisdiction over the land on which an irrigation project eligible to receive funding under this bill is located; and (2) solicit and consider the input, comments, and recommendations of the landowners served by the project. Interior is required to submit report to Congress every two years on: (1) the progress made toward addressing the deferred maintenance needs of the identified Indian irrigation projects, (2) the outstanding needs of projects that have been provided funding under this bill, and (3) how the goals of this title have been met. (Sec. 206) Interior shall ensure that, for each of FY2016-FY2037, each eligible Indian irrigation project that has critical maintenance needs receives funding to address those needs. In allocating funding under this bill, Interior: (1) shall give priority to projects serving more than one Indian tribe within an Indian reservation and to projects for which funding has not been made available during the previous 10 years under any other Act of Congress that expressly addresses the deferred maintenance, repair, or replacement needs of such project; and (2) shall not provide more than a specified amount to any individual project during any consecutive 3-year period.