,,ii #aadth ,,congress #ast ,session ,s4 #dch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #aj1 #bjae,mr4 ,barrasso 7for himself1 ,mr4 ,tester1 ,mr4 ,hatch1 ,mr4 ,enzi1 and ,mr4 ,daines7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to provide for the repair1 replacement1 and maintenance of certain ,indian irrigation projects4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,irrigation ,rehabilitation and ,renovation for ,indian ,tribal ,governments and ,their ,economies ,act or the ,,irrigate ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,indian ,irrigation ,fund,sec4 #aja4 ,establishment4,sec4 #ajb4 ,deposits to ,fund4,sec4 #ajc4 ,expenditures from ,fund4,sec4 #ajd4 ,investments of amounts4,sec4 #aje4 ,transfers of amounts4,sec4 #ajf4 ,termination4,,title ,,ii--,repair1 replacement1 and maintenance of certain ,indian irrigation projects,sec4 #bja4 ,repair1 replacement1 and maintenance of certain ,indian irrigation projects4,sec4 #bjb4 ,eligible projects4,sec4 #bjc4 ,requirements and conditions4,sec4 #bjd4 ,study of ,indian irrigation program and project management4,sec4 #bje4 ,tribal consultation and user input4,sec4 #bjf4 ,allocation among projects4 #b4 ,definitions ,in this ,act3 7#a7 ,fund ,the term ,fund means the ,indian ,irrigation ,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 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,commissioner of ,reclamation4 ,i ,indian ,irrigation ,fund #aja4 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,indian ,irrigation ,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 ,deposits to ,fund 7a7 ,in general ,for each of fiscal years #bjae through #bjcf1 the ,secretary of the ,treasury shall deposit in the ,fund #ce1jjj1jjj 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 7b7 ,availability of amounts ,amounts deposited in the ,fund under subsection 7a7 shall be used1 subject to appropriation1 to carry out this ,act4 #ajc4 ,expenditures from ,fund 7a7 ,in general ,subject to subsection 7b71 for each of fiscal years #bjae through #bjcf1 the ,secretary may1 to the extent provided in advance in appropriations ,acts1 expend from the ,fund1 in accordance with this ,act1 not more than the sum of-- 7#a7 #ce1jjj1jjj2 and 7#b7 the amount of interest accrued in the ,fund4 7b7 ,additional expenditures ,the ,secretary may expend more than #ce1jjj1jjj 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 #ajd4 ,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 #aje4 ,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 #ajf4 ,termination ,on ,september #cj1 #bjcf-- 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 ,repair1 replacement1 and maintenance of certain ,indian irrigation projects #bja4 ,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 #ajc1 the ,secretary shall use or transfer to the ,bureau of ,indian ,affairs not less than #ce1jjj1jjj of amounts in the ,fund1 plus accrued interest1 for each of fiscal years #bjae through #bjcf to carry out maintenance1 repair1 and replacement activities for #a or more of the ,indian irrigation projects described in section #bjb 7including any structures1 facilities1 equipment1 or vehicles used in connection with the operation of those projects74 #bjb4 ,eligible projects ,the projects eligible for funding under section #bja7;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 #bjc4 ,requirements and conditions ,not later than #abj 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 ,secretary1 in consultation with the ,assistant ,secretary for ,indian ,affairs1 the ,commissioner 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 #bje 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 #bje4 #bjd4 ,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 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 #bjb 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 ,fund1 #a1jjj1jjj shall be made available during fiscal year #bjae to carry out this section1 to remain available until expended4 #bje4 ,tribal consultation and user input ,before expending funds on an ,indian irrigation project pursuant to section #bja and not later than #fj days after the date of enactment of this ,act1 the ,secretary 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 #bjb is located2 and 7#b7 solicit and consider the input1 comments1 and recommendations of the landowners served by the irrigation project4 #bjf4 ,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 #bjae through #bjcf1 each ,indian irrigation project eligible for funding under section #bjb that has critical maintenance needs receives part of the funding under section #bja to address critical maintenance needs4 7b7 ,priority ,in allocating amounts under section #bja7;b71 in addition to considering the funding priorities described in section #bjc1 the ,secretary shall give priority to eligible ,indian irrigation projects serving more than #a ,indian tribe within an ,indian reservation and to 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 #bja7;b71 the ,secretary shall allocate not more than #ae1jjj1jjj to any individual ,indian irrigation project described in section #bjb during any consecutive #c-year period4 7#b7 ,exception ,notwithstanding the cap described in paragraph 7#a71 if the full amount under section #bja7;b7 cannot be fully allocated to eligible ,indian irrigation projects because the costs of the remaining activities authorized in section #bja7;b7 of an irrigation project would exceed the cap described in paragraph 7#a71 the ,secretary may allocate the remaining funds to eligible ,indian 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