DRIFT Act of 2016

Bill: 114-s-2717
Sponsor: Sen. Barrasso, John [R-WY]
Introduced: 2016-03-17 in the Senate
Policy area: Native Americans
Subjects: Advisory bodies
Dams and canals
Department of the Interior
Executive agency funding and structure
Federal-Indian relations
Floods and storm protection
Government studies and investigations
Government trust funds
Indian lands and resources rights
Water resources funding

Summary:
action_date: 2016-03-17
text: 

Dam Repairs and Improvements for Tribes Act of 2016 or the DRIFT Act of 2016

 
This bill requires the Bureau of Indian Affairs (BIA) to establish a program to address the deferred maintenance needs of certain Indian dams that create risks to safety, natural resources, or cultural resources and impede the management and efficiency of Indian dams. The High-Hazard Indian Dam Safety Deferred Maintenance Fund and the Low-Hazard Indian Dam Safety Deferred Maintenance Fund are established to pay for the maintenance, repair, and replacement of such dams. The funds are terminated at the end of FY2037.
 
The BIA must:
 
 
develop programmatic goals and prioritization criteria before expending funds;
 
prioritize dams that serve more than one tribe or highly populated Indian communities;
 
consult with landowners served by a dam before expending funds, except in emergencies;
 
ensure that, each year, every dam in need of critical maintenance receives funding;
 
request that tribes report on dams on their land;
 
report on each dam under BIA jurisdiction; and
 
establish a flood plain management pilot program to provide guidance to tribes on best practices for the mitigation and prevention of floods.
 
 
The Department of the Interior must establish a Tribal Safety of Dams Committee.
 
The bill amends the Water Resources Development Act of 2000 to revise the tribal partnership program, including to permit the U.S. Army Corps of Engineers to provide assistance for any activity relating to the feasibility, planning, design, or construction of a water resources development project.
 The bill amends the Water Resources Development Act of 1986 to extend to tribes the waiver of cost-sharing requirements for studies and projects.
action_date: 2016-11-17
text: 

Dam Repairs and Improvements for Tribes Act of 2016 or the DRIFT Act of 2016

 
TITLE I--INDIAN DAM SAFETY DEFERRED MAINTENANCE FUNDS
 
Subtitle A--High-Hazard Fund
 
(Sec. 101) This bill establishes the High-Hazard Indian Dam Safety Deferred Maintenance Fund. 
 
(Sec. 102) The Department of the Treasury must make deposits to this fund at least monthly until the fund is terminated at the end of FY2037.
 
Subtitle B--Low-Hazard Fund
 
(Sec. 111) This bill establishes the Low-Hazard Indian Dam Safety Deferred Maintenance Fund. 
 
(Sec. 112) The Department of the Treasury must make deposits to this fund at least monthly until the fund is terminated at the end of FY2037.
 
TITLE II--REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN DAMS
 
Subtitle A--Program Establishment
 
(Sec. 201) The Bureau of Indian Affairs (BIA) must establish a program to address the deferred maintenance needs of Indian dams that create flood risks or other risks to safety, natural resources, or cultural resources and impede the management and efficiency of Indian dams.
 
(Sec. 202) To be eligible, a dam must be federally owned and included in the BIA's Safety of Dams program. The low hazard fund and high hazard fund must be used to pay for maintenance, repair, and replacement activities for dams classified under guidelines of the Federal Emergency Management Agency (FEMA) as low hazard and significant or high hazard, respectively.
 
(Sec. 203) The BIA must: (1) develop programmatic goals and prioritization criteria before expending funds; (2) prioritize dams that serve more than one tribe or highly populated Indian communities; (3) consult with landowners served by the dam before expending funds, except in emergencies; and (4) ensure that, each year, every dam in need of critical maintenance receives funding.
 
Subtitle B--Management
 
(Sec. 211) The Department of the Interior must establish in the BIA the Tribal Safety of Dams Committee to study the modernization of the Indian Dams Safety Act of 1994 and develop recommendations for legislation to improve that Act.
 
(Sec. 212) The BIA must: (1) request that Indian tribes report on dams on their land at least once every 180 days, and (2) report on each dam under BIA jurisdiction at least once each year.
 
(Sec. 213) The BIA must establish a flood plain management pilot program to provide, upon request, guidance to Indians tribes on best practices for the mitigation and prevention of floods. The program is funded through the funds for high- and low-hazard dams and is terminated four years after enactment of this bill.
 
(Sec. 214) This bill amends the Water Resources Development Act of 2000 to revise the tribal partnership program, including to permit the U.S. Army Corps of Engineers to provide assistance for any activity relating to the feasibility, planning, design, or construction of a water resources development project.
 (Sec. 215) This bill amends the Water Resources Development Act of 1986 to extend to tribes the waiver of cost-sharing requirements for studies and projects.

Legislative actions:
action_date: 2016-11-17
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 686.
action_date: 2016-11-17
text: Committee on Indian Affairs. Reported by Senator Barrasso with an amendment in the nature of a substitute. With written report No. 114-382.
action_date: 2016-11-17
text: Committee on Indian Affairs. Reported by Senator Barrasso with an amendment in the nature of a substitute. With written report No. 114-382.
action_date: 2016-04-27
text: Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2016-04-13
text: Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 114-326.
action_date: 2016-03-17
text: Read twice and referred to the Committee on Indian Affairs. (Sponsor introductory remarks on measure: CR S1597-1598)
action_date: 2016-03-17
text: Introduced in Senate