S.Amdt. 5061

SA 5061. Mr. BARRASSO submitted an amendment intended to be proposed
to amendment SA 4979 proposed by Mr. McConnell (for Mr. Inhofe (for
himself and Mrs. Boxer)) to the bill S. 2848, to provide for the
conservation and development of water and related resources, to
authorize the Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title VIII, add the following:

Subtitle B--Irrigation Rehabilitation and Renovation for Indian Tribal
Governments and Their Economies

SEC. 8101. SHORT TITLE.

This subtitle may be cited as the ``Irrigation
Rehabilitation and Renovation for Indian Tribal Governments
and Their Economies Act'' or the ``IRRIGATE Act''.

SEC. 8102. DEFINITIONS.

In this subtitle:
(1) Deferred maintenance.--The term ``deferred
maintenance'' means any maintenance activity that was delayed
to a future date, in lieu of being carried out at the time at
which the activity was scheduled to be, or otherwise should
have been, carried out.
(2) Fund.--The term ``Fund'' means the Indian Irrigation
Fund established by section 8111.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.

PART I--INDIAN IRRIGATION FUND

SEC. 8111. ESTABLISHMENT.

There is established in the Treasury of the United States a
fund, to be known as the ``Indian Irrigation Fund'',
consisting of--
(1) such amounts as are deposited in the Fund under section
8113; and
(2) any interest earned on investment of amounts in the
Fund under section 8115.

SEC. 8112. DEPOSITS TO FUND.

(a) In General.--For each of fiscal years 2017 through
2038, the Secretary of the Treasury shall deposit in the Fund
$35,000,000 from the general fund of the Treasury.
(b) Availability of Amounts.--Amounts deposited in the Fund
under subsection (a) shall be used, subject to appropriation,
to carry out this subtitle.

SEC. 8113. EXPENDITURES FROM FUND.

(a) In General.--Subject to subsection (b), for each of
fiscal years 2017 through 2038, the Secretary may, to the
extent provided in advance in appropriations Acts, expend
from the Fund, in accordance with this subtitle, 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.

SEC. 8114. 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.

SEC. 8115. TRANSFERS OF AMOUNTS.

(a) In General.--The amounts required to be transferred to
the Fund under this part 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.

SEC. 8116. TERMINATION.

On September 30, 2038--
(1) the Fund shall terminate; and
(2) the unexpended and unobligated balance of the Fund
shall be transferred to the general fund of the Treasury.

PART II--REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN INDIAN
IRRIGATION PROJECTS

SEC. 8121. REPAIR, REPLACEMENT, AND MAINTENANCE OF CERTAIN
INDIAN IRRIGATION PROJECTS.

(a) In General.--The Secretary shall establish a program to
address the deferred maintenance needs and water storage
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 8113, 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 2017 through 2038 to carry
out maintenance, repair, and replacement activities for 1 or
more of the Indian irrigation projects described in section
8122 (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 part 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. 8122. ELIGIBLE PROJECTS.

The projects eligible for funding under section 8121(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 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. 5301 et
seq.); and
(3) have deferred maintenance documented by the Bureau of
Indian Affairs.

SEC. 8123. 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 part, 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 part that--
(A) would enable the completion of repairing, replacing,
modernizing , or performing maintenance on projects as
expeditiously as practicable;
(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;
(C) ensure that the results of government-to-government
consultation required under section 8125 be addressed; and
(D) would facilitate the construction of new water storage
using non-Federal contributions to address tribal, regional,
and watershed-level supply needs; and
(2) funding prioritization criteria to serve as a
methodology for distributing funds under this part, 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, modernizing,
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 8125.

SEC. 8124. STUDY OF INDIAN IRRIGATION PROGRAM AND PROJECT
MANAGEMENT.

(a) Tribal Consultation and User Input.--Before beginning
to conduct the

[[Page S5676]]

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 8122 is located; and
(2) solicit and consider the input, comments, and
recommendations of--
(A) the landowners served by the irrigation project; and
(B) irrigators from adjacent irrigation districts.
(b) Study.--Not later than 2 years after the date of
enactment of this Act, the Secretary, 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, 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;
(2) determines the cost to financially sustain each
project;
(3) recommends whether management of each project could be
improved by transferring management responsibilities to other
Federal agencies or water user groups; and
(4) includes recommendations for improving programmatic and
project management and performance--
(A) in each qualifying project area; and
(B) 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, 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 8122, 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 part;
(3) the remaining needs of any of those projects;
(4) how the goals established pursuant to section 8123 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, 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.

SEC. 8125. TRIBAL CONSULTATION AND USER INPUT.

Before expending funds on an Indian irrigation project
pursuant to section 8121 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 8122 is located; and
(2) solicit and consider the input, comments, and
recommendations of--
(A) the landowners served by the irrigation project; and
(B) irrigators from adjacent irrigation districts.

SEC. 8126. 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 2017 through 2038, each Indian irrigation
project eligible for funding under section 8122 that has
critical maintenance needs receives part of the funding under
section 8121 to address critical maintenance needs.
(b) Priority.--In allocating amounts under section 8121(b),
in addition to considering the funding priorities described
in section 8123, 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 8121(b), the Secretary shall allocate
not more than $15,000,000 to any individual Indian irrigation
project described in section 8122 during any consecutive 3-
year period.
(2) Exception.--Notwithstanding the cap described in
paragraph (1), if the full amount under section 8121(b)
cannot be fully allocated to eligible Indian irrigation
projects because the costs of the remaining activities
authorized in section 8121(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 part.
(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. 5301 et seq.) shall
apply to activities carried out under this section.
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