SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Rio Grande Pueblos 
Irrigation Infrastructure Improvement Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) drought, population increases, and environ-
mental needs are exacerbating water supply issues 
across the western United States, including the Rio 
Grande Basin in New Mexico; 
(2) a report developed by the Bureau of Rec-
lamation and the Bureau of Indian Affairs in 2000 
identified a serious need for the rehabilitation and 
repair of irrigation infrastructure of the Rio Grande 
Pueblos; 
(3) inspection of existing irrigation infrastruc-
ture of the Rio Grande Pueblos shows that many 
key facilities, such as diversion structures and main 
conveyance ditches, are unsafe and barely, if at all, 
operable; 
(4) the benefits of rehabilitating and repairing 
irrigation infrastructure of the Rio Grande Pueblos 
include— 
(A) water conservation; 
(B) extending available water supplies; 
(C) increased agricultural productivity; 
(D) economic benefits; 
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(E) safer facilities; and 
(F) the preservation of the culture of In-
dian Pueblos in the State; 
(5) certain Indian Pueblos in the Rio Grande 
Basin receive water from facilities operated or owned 
by the Bureau of Reclamation; and 
(6) rehabilitation and repair of irrigation infra-
structure of the Rio Grande Pueblos would im-
prove— 
(A) overall water management by the Bu-
reau of Reclamation; and 
(B) the ability of the Bureau of Reclama-
tion to help address potential water supply con-
flicts in the Rio Grande Basin. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) 2004 
AGREEMENT.—The term ‘‘2004 
Agreement’’ means the agreement titled ‘‘Agreement 
By and Between the United States of America and 
the Middle Rio Grande Conservancy District, Pro-
viding for the Payment of Operation and Mainte-
nance Charges on Newly Reclaimed Pueblo Indian 
Lands in the Middle Rio Grande Valley, New Mex-
ico’’ and executed in September 2004 (including any 
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successor agreements and amendments to the agree-
ment). 
(2) DESIGNATED ENGINEER.—The term ‘‘des-
ignated engineer’’ means a Federal employee des-
ignated under the Act of February 14, 1927 (69 
Stat. 1098, chapter 138), to represent the United 
States in any action involving the maintenance, re-
habilitation, or preservation of the condition of any 
irrigation structure or facility on land located in the 
Six Middle Rio Grande Pueblos. 
(3) DISTRICT.—The term ‘‘District’’ means the 
Middle Rio Grande Conservancy District, a political 
subdivision of the State established in 1925. 
(4) PUEBLO
IRRIGATION
INFRASTRUCTURE.— 
The term ‘‘Pueblo irrigation infrastructure’’ means 
any diversion structure, conveyance facility, or 
drainage facility located on land of a Rio Grande 
Pueblo that is associated with the delivery of water 
for the irrigation of agricultural land. 
(5) RIO
GRANDE
BASIN.—The term ‘‘Rio 
Grande Basin’’ means the headwaters of the Rio 
Chama and the Rio Grande Rivers (including any 
tributaries) from the State line between Colorado 
and New Mexico downstream to the elevation cor-
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responding with the spillway crest of Elephant Butte 
Dam at 4,457.3 feet mean sea level. 
(6) RIO
GRANDE
PUEBLO.—The term ‘‘Rio 
Grande Pueblo’’ means any of the 18 Pueblos that— 
(A) occupy land in the Rio Grande Basin; 
and 
(B) are included on the list of federally 
recognized Indian tribes published by the Sec-
retary in accordance with section 104 of the 
Federally Recognized Indian Tribe List Act of 
1994 (25 U.S.C. 479a–1). 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the 
Commissioner of Reclamation. 
(8) SIX MIDDLE RIO GRANDE PUEBLOS.—The 
term ‘‘Six Middle Rio Grande Pueblos’’ means each 
of the Pueblos of Cochiti, Santo Domingo, San 
Felipe, Santa Ana, Sandia, and Isleta. 
(9) SPECIAL
PROJECT.—The term ‘‘special 
project’’ has the meaning given the term in the 2004 
Agreement. 
(10) STATE.—The term ‘‘State’’ means the 
State of New Mexico. 
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SEC. 4. IRRIGATION INFRASTRUCTURE STUDY. 
(a) STUDY.—The Secretary, in accordance with con-
sultation requirements under subsection (c), shall— 
(1) conduct a study of Pueblo irrigation infra-
structure; and 
(2) based on the results of the study, develop 
a list of projects (including a cost estimate for each 
project) that are recommended to be implemented 
over a 10-year period to repair, rehabilitate, or re-
construct Pueblo irrigation infrastructure. 
(b) CONSIDERATION OF FACTORS; PRIORITY.—In de-
veloping the list of projects under subsection (a)(2), the 
Secretary shall prioritize the projects recommended for 
implementation based on consideration of the following 
factors: 
(1) The extent of disrepair of the Pueblo irriga-
tion infrastructure. 
(2) The effect of the disrepair on the ability of 
the applicable Rio Grande Pueblo to irrigate agricul-
tural land using Pueblo irrigation infrastructure. 
(3) The extent that the repair, rehabilitation, or 
reconstruction of the Pueblo irrigation infrastructure 
would provide an opportunity to conserve water. 
(4) The economic and cultural impacts that the 
disrepair of the Pueblo irrigation infrastructure has 
on the applicable Rio Grande Pueblo. 
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(5) The economic and cultural benefits that the 
repair, rehabilitation, or reconstruction of the Pueblo 
irrigation infrastructure would have on the applica-
ble Rio Grande Pueblo. 
(6) The opportunity to address water supply or 
environmental conflicts in the applicable river basin 
if the Pueblo irrigation infrastructure is repaired, re-
habilitated, or reconstructed. 
(7) The overall benefits of the project to effi-
cient water operations on the land of the applicable 
Rio Grande Pueblo. 
(c) CONSULTATION.— 
(1) IN CONDUCTING STUDY.—Not later than 3 
months after funds are made available for this Act, 
the Secretary shall notify each Rio Grande Pueblo, 
in writing, that— 
(A) the Secretary shall be conducting the 
study required by subsection (a)(1); 
(B) the Pueblo is invited to consult with 
the Secretary regarding the study; and 
(C) the Pueblo shall only be eligible to con-
sult if, not more than 3 months after recieving 
notice from the Secretary, the Pueblo notifies 
the Secretary, in writing, of the Pueblo’s intent 
to consult. 
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(2) IN DEVELOPING LIST OF PROJECTS.—In de-
veloping the list of projects under subsection (a)(2), 
the Secretary shall consult with the Director of the 
Bureau of Indian Affairs (including the designated 
engineer with respect to each proposed project that 
affects the Six Middle Rio Grande Pueblos), the 
Chief of the Natural Resources Conservation Serv-
ice, and the Chief of Engineers to evaluate the ex-
tent to which programs under the jurisdiction of the 
respective agencies may be used— 
(A) to assist in evaluating projects to re-
pair, rehabilitate, or reconstruct Pueblo irriga-
tion infrastructure; and 
(B) to implement— 
(i) a project recommended for imple-
mentation under subsection (a)(2); or 
(ii) any other related project (includ-
ing on-farm improvements) that may be 
appropriately coordinated with the repair, 
rehabilitation, or reconstruction of Pueblo 
irrigation infrastructure to improve the ef-
ficient use of water in the Rio Grande 
Basin. 
(d) REPORT.—Not later than 18 months after funds 
are made available for this Act, the Secretary shall submit 
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to the Committee on Natural Resources of the House of 
Representatives and Committee on Energy and Natural 
Resources of the Senate a report that includes— 
(1) the list of projects recommended for imple-
mentation under subsection (a)(2); and 
(2) any findings of the Secretary with respect 
to— 
(A) the study conducted under subsection 
(a)(1); 
(B) the consideration of the factors under 
subsection (b); and 
(C) the consultations under subsection (c). 
(e) BIENNIAL REVIEW.—Not later than 2 years after 
the date on which the Secretary submits the report under 
subsection (d) and biennially thereafter, the Secretary, in 
consultation with each Rio Grande Pueblo, shall— 
(1) review the report submitted under sub-
section (d); and 
(2) update the list of projects described in sub-
section (d)(1) in accordance with each factor de-
scribed in subsection (b), as the Secretary deter-
mines to be appropriate. 
SEC. 5. IRRIGATION INFRASTRUCTURE GRANTS. 
(a) IN GENERAL.—The Secretary may provide grants 
to, and enter into cooperative agreements with, the Rio 
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Grande Pueblos to plan, design, construct, or otherwise 
implement projects to repair, rehabilitate, reconstruct, or 
replace Pueblo irrigation infrastructure that are rec-
ommended for implementation under section 4(a)(2)— 
(1) to increase water use efficiency and agricul-
tural productivity for the benefit of a Rio Grande 
Pueblo; 
(2) to conserve water; or 
(3) to otherwise enhance water management or 
help avert water supply conflicts in the Rio Grande 
Basin. 
(b) LIMITATION.—Assistance provided under sub-
section (a) shall not be used for— 
(1) the repair, rehabilitation, or reconstruction 
of any major impoundment structure; 
(2) any on-farm improvements; or 
(3) the rehabilitation of any Pueblo irrigation 
infrastructure for the purpose of irrigating Rio 
Grande Pueblo land that has not been historically ir-
rigated. 
(c) CONSULTATION.—In carrying out a project under 
subsection (a), the Secretary shall— 
(1) consult with, and obtain the approval of, the 
applicable Rio Grande Pueblo; 
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(2) consult with the Director of the Bureau of 
Indian Affairs; and 
(3) as appropriate, coordinate the project with 
any work being conducted under the irrigation oper-
ations and maintenance program of the Bureau of 
Indian Affairs. 
(d) COST-SHARING REQUIREMENT.— 
(1) FEDERAL SHARE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Federal share of the 
total cost of carrying out a project under sub-
section (a) shall be not more than 75 percent. 
(B) 
EXCEPTION.—The 
Secretary 
may 
waive or limit the non-Federal share required 
under subparagraph (A) if the Secretary deter-
mines, based on a demonstration of financial 
hardship by the Rio Grande Pueblo, that the 
Rio Grande Pueblo is unable to contribute the 
required non-Federal share. 
(2) DISTRICT CONTRIBUTIONS.— 
(A) IN GENERAL.—The Secretary may ac-
cept from the District a partial or total con-
tribution toward the non-Federal share required 
for a project carried out under subsection (a) 
on land located in any of the Six Middle Rio 
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Grande Pueblos if the Secretary determines 
that the project is a special project. 
(B) LIMITATION.—Nothing in subpara-
graph (A) requires the District to contribute to 
the non-Federal share of the cost of a project 
carried out under subsection (a). 
(3) STATE CONTRIBUTIONS.— 
(A) IN GENERAL.—The Secretary may ac-
cept from the State a partial or total contribu-
tion toward the non-Federal share for a project 
carried out under subsection (a). 
(B) LIMITATION.—Nothing in subpara-
graph (A) requires the State to contribute to 
the non-Federal share of the cost of a project 
carried out under subsection (a). 
(4) FORM OF NON-FEDERAL SHARE.—The non- 
Federal share under paragraph (1)(A) may be in the 
form of in-kind contributions, including the contribu-
tion of any valuable asset or service that the Sec-
retary determines would substantially contribute to a 
project carried out under subsection (a). 
(e) OPERATION AND MAINTENANCE.—The Secretary 
may not use any amount made available under section 
8(b) for operation or maintenance of any project carried 
out under subsection (a). 
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SEC. 6. EFFECT ON EXISTING AUTHORITY AND RESPON-
SIBILITIES. 
Nothing in this Act— 
(1) affects any existing project-specific funding 
authority; or 
(2) limits or absolves the United States from 
any responsibility to any Rio Grande Pueblo (includ-
ing any responsibility arising from a trust relation-
ship or from any Federal law (including regula-
tions), Executive order, or agreement between the 
Federal Government and any Rio Grande Pueblo). 
SEC. 7. EFFECT ON PUEBLO WATER RIGHTS OR STATE 
WATER LAW. 
(a) PUEBLO WATER RIGHTS.—Nothing in this Act 
(including the implementation of any project carried out 
in accordance with this Act) affects the right of any Pueb-
lo to receive, divert, store, or claim a right to water, in-
cluding the priority of right and the quantity of water as-
sociated with the water right under Federal or State law. 
(b) STATE WATER LAW.—Nothing in this Act pre-
empts or affects— 
(1) State water law; or 
(2) an interstate compact governing water. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
(a) STUDY.—There is authorized to be appropriated 
$4,000,000 to carry out section 4. 
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