,,ii ,calendar ,no4 #cic #aacth ,,congress #b;d ,session ,s4 #gae ,report ,no4 #aac-afg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aa1 #bjac,mr4 ,baucus 7for himself1 ,mr4 ,tester1 ,mr4 ,udall of ,new ,mexico1 ,ms4 ,klobuchar1 ,mr4 ,franken1 ,mr4 ,johnson of ,south ,dakota1 ,mr4 ,heinrich1 ,mr4 ,hoeven1 ,ms4 ,heitkamp1 ,mr4 ,harkin1 and ,mr4 ,walsh7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,may #bb1 #bjad,reported by ,ms4 ,landrieu1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to authorize the ,secretary of the ,interior to use designated funding to pay for construction of authorized rural water projects1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,authorized ,rural ,water ,projects ,completion ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,fund ,the term ,fund means the ,reclamation ,rural ,water ,construction ,fund established by section #c7;a74 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #c4 ,reclamation rural water construction fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,reclamation ,rural ,water ,construction ,fund1 consisting of-- 7#a7 such amounts as are deposited in the ,fund under subsection 7b72 and 7#b7 any interest earned on investment of amounts in the ,fund under subsection 7d74 7b7 ,deposits to fund 7#a7 ,in general ,for each of fiscal years #bjad through #bjcj1 the ,secretary of the ,treasury shall deposit in the ,fund #hj1jjj1jjj 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 #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic74 7#b7 ,availability of amounts ,amounts deposited in the ,fund under paragraph 7#a7 shall-- 7,a7 be made available in accordance with this section1 without further appropriation2 and 7,b7 be in addition to amounts appropriated for such purposes under any other provision of law4 7#c7 ,limitation ,notwithstanding paragraphs 7#a7 and 7#b71 no amounts may be deposited in1 or made available from1 the ,fund under those paragraphs if the transfer or availability of the amounts would increase the deficit4 7c7 ,expenditures from fund 7#a7 ,in general 7,a7 ,expenditures ,subject to subparagraph 7,b71 for each of fiscal years #bjad through #bjce1 the ,secretary may expend from the ,fund not more than the sum of-- 7i7 #hj1jjj1jjj2 and 7ii7 the amount of interest accrued in the ,fund for the fiscal year in which the expenditures are made4 7,b7 ,additional expenditures ,notwithstanding subparagraph 7,a71 the ,secretary may expend more than #hj1jjj1jjj for any fiscal year listed in subparagraph 7,a7 if such amounts are available in the ,fund due to expenditures not reaching #hj1jjj1jjj in #a or more prior fiscal years4 7#b7 ,use 7,a7 ,in general ,subject to subparagraph 7,b71 the ,secretary may use amounts from the ,fund to complete construction of rural water projects-- 7i7 authorized to be carried out by the ,secretary on or before the date of enactment of this ,act2 or 7ii7 for which-- 7,i7 pursuant to section #ajf7;e7 of the ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdje7;e771 a feasibility study has been submitted to the ,secretary by ,september #cj1 #bjab2 and 7,,ii7 an ,act of ,congress after the date of enactment of this ,act has authorized the construction of the project4 7,b7 ,limitation ,the ,secretary may not use amounts from the ,fund to pay for any operation and maintenance costs of an authorized rural water project4 7#c7 ,conditions ,the ,secretary shall not expend any amounts from the ,fund until the date on which the ,secretary develops-- 7,a7 programmatic goals to carry out this section that-- 7i7 would enable the completion of construction of the authorized rural water projects as expeditiously as possible2 and 7ii7 reflect-- 7,i7 the goals and priorities identified in the laws authorizing the authorized rural water projects2 and 7,,ii7 the goals of the ,reclamation ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdja et seq472 and 7,b7 funding prioritization criteria to serve as a formula for distributing funds under this section that take into account-- 7i7 an evaluation of the urgent and compelling need for potable water supplies in the affected rural and tribal communities2 7ii7 the status of the current stages of completion of the authorized rural water project2 7iii7 the financial needs of the affected rural and tribal communities2 7iv7 the potential economic benefits of the expenditures on job creation and general economic development in the affected rural and tribal communities2 7v7 the ability of the authorized rural water project to address regional and watershed level water supply needs2 7vi7 the ability of the authorized rural water project-- 7,i7 to minimize water and energy consumption2 and 7,,ii7 to encourage the development of renewable energy resources1 such as wind1 solar1 and hydropower elements2 7vii7 the need for the authorized rural water project to address-- 7,i7 the needs of ,indian tribes and members of ,indian tribes2 and 7,,ii7 other community needs or interests2 and 7viii7 such other factors as the ,secretary determines to be appropriate to prioritize the use of available funds4 7d7 ,investments of amounts 7#a7 ,in general ,the ,secretary shall invest such portion of the ,fund as is not1 in the judgment of the ,secretary1 required to meet current withdrawals4 7#b7 ,credits to fund ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to1 and form a part of1 the ,fund4 7e7 ,transfers of amounts 7#a7 ,in general ,the amounts required to be transferred to the ,fund under this section 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 ,treasury4 7#b7 ,adjustments ,proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred4 7f7 ,termination ,on ,september #cj1 #bjce-- 7#a7 the ,fund shall terminate2 and 7#b7 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 #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic74 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,authorized ,rural ,water ,projects ,completion ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,reclamation rural water construction fund4 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,,title ,i--,reclamation ,rural ,water ,construction and ,settlement ,implementation ,fund ,sec4 #aja4 ,establishment4 ,sec4 #ajb4 ,accounts4 ,sec4 #ajc4 ,deposits to ,fund4 ,sec4 #ajd4 ,expenditures from ,fund4 ,sec4 #aje4 ,investments of amounts4 ,sec4 #ajf4 ,transfers of amounts4 ,sec4 #ajg4 ,transferability between accounts4 ,sec4 #ajh4 ,termination4 ,,title ,,ii--,rural water projects ,sec4 #bja4 ,rural water projects4 ,sec4 #bjb4 ,restrictions4 ,,title ,,iii--,reclamation infrastructure and settlement implementation ,sec4 #cja4 ,reclamation infrastructure and settlement implementation4 ,,title ,,iv--,repair1 replacement1 and maintenance of certain ,indian irrigation projects ,sec4 #dja4 ,repair1 replacement1 and maintenance of certain ,indian irrigation projects4 ,sec4 #djb4 ,eligible projects4 ,sec4 #djc4 ,requirements and conditions4 ,sec4 #djd4 ,study of ,indian irrigation program and project management4 ,sec4 #dje4 ,tribal consultation and user input4 ,sec4 #djf4 ,allocation among projects4 #b4 ,definitions ,in this ,act3 7#a7 ,fund ,the term ,fund means the ,reclamation ,rural ,water ,construction and ,settlement ,implementation ,fund established by section #aja4 7#b7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#c7 ,rural water project ,the term rural water project means a project that is designed to provide domestic1 industrial1 municipal1 or residential water to a small community or group of small communities1 including ,indian tribes and tribal organizations4 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,commissioner of ,reclamation4 ,i ,reclamation ,rural ,water ,construction and ,settlement ,implementation ,fund #aja4 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,reclamation ,rural ,water ,construction and ,settlement ,implementation ,fund1 consisting of-- 7#a7 such amounts as are deposited in the ,fund under section #ajc2 and 7#b7 any interest earned on investment of amounts in the ,fund under section #aje4 #ajb4 ,accounts ,within the ,fund1 there are established the following accounts3 7#a7 ,rural ,water ,project ,account4 7#b7 ,indian ,irrigation ,account4 7#c7 ,reclamation ,infrastructure and ,settlement ,implementation ,account4 #ajc4 ,deposits to ,fund 7a7 ,in general ,for each of fiscal years #bjad through #bjce1 the ,secretary of the ,treasury shall deposit in the ,fund #aej1jjj1jjj 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 #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 of which-- 7#a7 #hj1jjj1jjj for each of the fiscal years shall be deposited in the ,rural ,water ,project ,account established under section #ajb7a72 7#b7 #ce1jjj1jjj for each of the fiscal years shall be deposited in the ,indian ,irrigation ,account established under section #ajb7b72 and 7#c7 #ce1jjj1jjj for each of the fiscal years shall be deposited in the ,reclamation ,infrastructure and ,settlement ,implementation ,account established under section #ajb7c74 7b7 ,availability of amounts ,amounts deposited in the ,fund under subsection 7a7 shall be used1 subject to appropriation1 to carry out this ,act4 #ajd4 ,expenditures from ,fund 7a7 ,in general ,subject to subsection 7b71 for each of fiscal years #bjad through #bjce1 the ,secretary may expend from the ,fund1 in accordance with this ,act1 not more than the sum of-- 7#a7 #aej1jjj1jjj1 to be allocated from the amounts in the accounts specified in section #ajb2 and 7#b7 the amount of interest accrued in the ,fund within each account for the fiscal year in which the expenditures are made1 with the interest accrued within each account used only for expenditures from that account4 7b7 ,additional expenditures 7#a7 ,in general ,the ,secretary may expend more than #aej1jjj1jjj for any fiscal year referred to in subsection 7a7 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 7a7 in #a or more prior fiscal years4 7#b7 ,retention in accounts ,any additional amounts referred to in paragraph 7#a7 shall-- 7,a7 be retained within the account to which the amounts were designated2 7,b7 accrue interest for the designated account in accordance with this title2 and 7,c7 only be expended for the purposes for which expenditures from the designated accounts are authorized4 #aje4 ,investments of amounts 7a7 ,in general ,the ,secretary shall invest such portion of the ,fund as is not1 in the judgment of the ,secretary1 required to meet current withdrawals4 7b7 ,credits to ,fund ,the interest on1 and the proceeds from the sale or redemption of1 any obligations held in the ,fund shall be credited to1 and form a part of1 the ,fund4 #ajf4 ,transfers of amounts 7a7 ,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 ,treasury4 7b7 ,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 transferred4 #ajg4 ,transferability between accounts 7a7 ,transferability of irrigation funds ,no sooner than fiscal year #bjbc1 if the ,secretary determines that there are no further deferred maintenance needs of eligible ,indian irrigation projects1 the ,secretary may expend amounts and any interest accrued in the ,indian ,irrigation ,account established by section #ajb7b7 on any expenditure authorized under section #cja from the ,reclamation ,infrastructure and ,settlement ,implementation ,account established by section #ajb7c74 7b7 ,transferability of water settlement funds ,no sooner than fiscal year #bjbc1 if the ,secretary determines that there are no further needs of ,indian tribes under section #cja1 the ,secretary may expend amounts and any interest accrued in the ,reclamation ,infrastructure and ,settlement ,implementation ,account established by section #ajb7c7 on any expenditure authorized under sections #dja through #djf from the ,indian ,irrigation ,account established by section #ajb7b74 #ajh4 ,termination ,on ,september #cj1 #bjce-- 7#a7 the ,fund shall terminate2 and 7#b7 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 #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic74 ,,ii ,rural water projects #bja4 ,rural water projects ,subject to section #bjb1 for each of fiscal years #bjad through #bjce1 the ,secretary may use not less than #hj1jjj1jjj of the amounts available in the ,rural ,water ,project ,account established under section #ajb7a7 to complete construction of rural water projects-- 7#a7 authorized to be carried out by the ,secretary on or before the date of enactment of this ,act2 or 7#b7 for which-- 7,a7 pursuant to section #ajf7;e7 of the ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdje7;e771 a feasibility study has been submitted to the ,secretary by ,september #cj1 #bjab2 and 7,b7 an ,act of ,congress after the date of enactment of this ,act has authorized the construction of the project4 #bjb4 ,restrictions 7a7 ,no operation and maintenance costs ,the ,secretary shall not use any amounts from the ,fund to pay for operation and maintenance costs of an authorized rural water project4 7b7 ,conditions ,the ,secretary shall not expend any amounts from the ,fund to carry out this title until the date on which the ,secretary develops-- 7#a7 programmatic goals to carry out this title that-- 7,a7 would enable the completion of construction of the authorized rural water projects as expeditiously as practicable2 and 7,b7 reflect-- 7i7 the goals and priorities identified in the laws authorizing the authorized rural water projects2 and 7ii7 the goals of the ,reclamation ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdja et seq472 and 7#b7 funding prioritization criteria to serve as a methodology for distributing funds under this title that take into account-- 7,a7 an evaluation of the urgent and compelling need for potable water supplies in the affected rural and tribal communities2 7,b7 the status of the current stages of completion of the authorized rural water project2 7,c7 the financial needs of the affected rural and tribal communities2 7,d7 the potential economic benefits of the expenditures on job creation and general economic development in the affected rural and tribal communities2 7,e7 the ability of the authorized rural water project to address regional and watershed level water supply needs2 7,f7 the ability of the authorized rural water project-- 7i7 to minimize water and energy consumption2 and 7ii7 to encourage the development of renewable energy resources1 such as wind1 solar1 and hydropower elements2 7,g7 the need for the authorized rural water project to address-- 7i7 the needs of ,indian tribes and members of ,indian tribes2 and 7ii7 other community needs or interests2 and 7,h7 such other factors as the ,secretary determines to be appropriate to prioritize the use of available funds4 ,,iii ,reclamation infrastructure and settlement implementation #cja4 ,reclamation infrastructure and settlement implementation ,consistent with section #ajd1 for each of fiscal years #bjad through #bjce1 the ,secretary shall use not less than #ce1jjj1jjj1 plus accrued interest1 of the amounts authorized to be expended from the ,reclamation ,infrastructure and ,settlement ,implementation ,account established under section #ajb7c7-- 7#a7 to provide compensation authorized under an ,act of ,congress to extinguish or otherwise resolve all monetary claims of an ,indian tribe against the ,united ,states relating to the continued and past use of the land of the ,indian tribe by the ,united ,states for the generation of hydropower2 or 7#b7 to complete construction1 planning1 and design of projects and implement provisions authorized under one or more ,acts of ,congress that-- 7,a7 settle or otherwise resolve1 in whole or in part1 litigation involving the ,united ,states and the rights of one or more federally recognized ,indian tribes to access1 use1 or manage water resources2 or 7,b7 implement agreements approved by ,congress pursuant to which one or more federally recognized ,indian tribes agree to some limitation on the exercise of rights or claims to access1 use1 or manage water resources4 ,,iv ,repair1 replacement1 and maintenance of certain ,indian irrigation projects #dja4 ,repair1 replacement1 and maintenance of certain ,indian irrigation projects 7a7 ,in general ,the ,secretary shall establish a program to address the deferred maintenance needs of ,indian irrigation projects that-- 7#a7 create risks to public or employee safety or natural or cultural resources2 and 7#b7 unduly impede the management and efficiency of the ,indian irrigation program4 7b7 ,funding ,consistent with section #ajd1 of the amounts authorized to be expended from the ,indian ,irrigation ,account established under section #ajb7b71 the ,secretary shall use or transfer to the ,bureau of ,indian ,affairs not less than #ce1jjj1jjj1 plus accrued interest1 for each of fiscal years #bjad through #bjce to carry out maintenance1 repair1 and replacement activities for #a or more of the ,indian irrigation projects described in section #djb 7including any structures1 facilities1 equipment1 or vehicles used in connection with the operation of those projects74 #djb4 ,eligible projects ,the projects eligible for funding under section #dja7;b7 are the ,indian irrigation projects in the western ,united ,states that1 on the date of enactment of this ,act-- 7#a7 are owned by the ,federal ,government1 as listed in the ,federal inventory required by ,executive ,order #accbg 7#dj ,u4,s4,c4 #aba note2 relating to ,federal real property asset management72 7#b7 are managed by the ,bureau of ,indian ,affairs 7including projects managed under contracts or compacts pursuant to the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq472 and 7#c7 have deferred maintenance documented by the ,bureau of ,indian ,affairs4 #djc4 ,requirements and conditions ,not later than #ahj days after the date of enactment of this ,act and as a precondition to amounts being expended from the ,fund to carry out this title1 the ,secretary of the ,interior1 in consultation with the ,assistant ,secretary for ,indian ,affairs1 the ,commissioner of the ,bureau of ,reclamation1 and representatives of affected ,indian tribes1 shall develop and submit to ,congress-- 7#a7 programmatic goals to carry out this title that-- 7,a7 would enable the completion of repairing1 replacing1 improving1 or performing maintenance on projects as expeditiously as possible2 7,b7 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 project2 and 7,c7 ensure that the results of government-to-government consultation required under section #dje be addressed2 and 7#b7 funding prioritization criteria to serve as a methodology for distributing funds under this title1 that take into account-- 7,a7 the extent to which deferred maintenance of qualifying irrigation projects poses a threat to public or employee safety or health2 7,b7 the extent to which deferred maintenance poses a threat to natural or cultural resources2 7,c7 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 project2 7,d7 the extent to which repairing1 replacing1 improving1 or performing maintenance on a facility or structure will-- 7i7 improve public or employee safety1 health1 or accessibility2 7ii7 assist in compliance with codes1 standards1 laws1 or other requirements2 7iii7 address unmet needs2 and 7iv7 assist in protecting natural or cultural resources2 7,e7 the methodology of the rehabilitation priority index of the ,secretary1 as in effect on the date of enactment of this ,act2 7,f7 the potential economic benefits of the expenditures on job creation and general economic development in the affected tribal communities2 7,g7 the ability of the qualifying project to address tribal1 regional1 and watershed level water supply needs2 and 7,h7 such other factors as the ,secretary determines to be appropriate to prioritize the use of available funds that are1 to the fullest extent practicable1 consistent with tribal and user recommendations received pursuant to the consultation and input process under section #dje4 #djd4 ,study of ,indian irrigation program and project management 7a7 ,tribal consultation and user input ,before beginning to conduct the study required under subsection 7b71 the ,secretary of the ,interior shall-- 7#a7 consult with the ,indian tribes that have jurisdiction over the land on which an irrigation project eligible to receive funding under section #djb is located2 and 7#b7 solicit and consider the input1 comments1 and recommendations of the landowners served by the irrigation project4 7b7 ,study ,not later than #b years after the date of enactment of this ,act1 the ,secretary of the ,interior1 acting through the ,assistant ,secretary for ,indian ,affairs1 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 ,affairs4 7c7 ,report ,on completion of the study under subsection 7b71 the ,secretary of the ,interior1 acting through the ,assistant ,secretary for ,indian ,affairs1 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-- 7#a7 describes the results of the study2 and 7#b7 includes recommendations for improving programmatic and project management and performance in each qualifying project area and for the program as a whole4 7d7 ,funding ,of the amounts authorized to be expended from the ,indian ,irrigation ,account established under section #ajb7b71 #a1jjj1jjj shall be made available during fiscal year #bjad to carry out this section1 to remain available until expended4 #dje4 ,tribal consultation and user input ,before expending funds on an ,indian irrigation project pursuant to section #dja1 the ,secretary of the ,interior shall-- 7#a7 consult with the ,indian tribe that has jurisdiction over the land on which an irrigation project eligible to receive funding under section #djb is located2 and 7#b7 solicit and consider the input1 comments1 and recommendations of the landowners served by the irrigation project4 #djf4 ,allocation among projects 7a7 ,in general ,subject to subsection 7b71 to the maximum extent practicable1 the ,secretary shall ensure that1 for each of fiscal years #bjad through #bjce1 each ,indian irrigation project eligible for funding under section #djb that has critical maintenance needs receives part of the funding under section #dja to address critical maintenance needs4 7b7 ,priority ,in allocating amounts under section #dja7;b71 in addition to considering the funding priorities described in section #djc1 the ,secretary shall give priority to ,indian irrigation projects for which funding has not been made available during the #ae-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 maintenance1 repair1 or replacement needs of the ,indian irrigation project4 7c7 ,cap on ,funding 7#a7 ,in general ,subject to paragraph 7#b71 in allocating amounts under section #dja7;b71 the ,secretary shall allocate not more than #ae1jjj1jjj to any individual ,indian irrigation project described in section #djb during any consecutive #c-year period4 7#b7 ,exception ,notwithstanding the cap described in paragraph 7#a71 if the full amount under section #dja7;b7 cannot be fully allocated to eligible irrigation projects because the only remaining activities authorized in section #dja7;b7 are for irrigation projects that would exceed the cap described in paragraph 7#a71 the ,secretary may allocate the remaining funds to eligible irrigation projects in accordance with this title4 7d7 ,basis of funding ,any amounts made available under this section shall be nonreimbursable4 7e7 ,applicability of ,,isdeaa ,the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq47 shall apply to activities carried out under this section4 ,may #bb1 #bjad,reported with an amendment