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Title II — Repair, replacement, and maintenance of certain Indian irrigation projects

S. 438 · 114th Congress · Feb 10, 2015 · Lineage

II Repair, replacement, and maintenance of certain Indian irrigation projects

Sec. 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).

Sec. 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 note; relating to Federal real property asset management);
(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.); and
(3)
have deferred maintenance documented by the Bureau of Indian Affairs.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.) shall apply to activities carried out under this section.