S AMDT 1264

S 1264 IS

To require the Secretary of the Interior to assess the irrigation infrastructure of the Pine River Indian Irrigation Project in the State of Colorado and provide grants to, and enter into cooperative agreements with, the Southern Ute Indian Tribe to assess, repair, rehabilitate, or reconstruct existing infrastructure, and for other purposes.

June 15, 2009

Mr. UDALL of Colorado (for himself and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

To require the Secretary of the Interior to assess the irrigation infrastructure of the Pine River Indian Irrigation Project in the State of Colorado and provide grants to, and enter into cooperative agreements with, the Southern Ute Indian Tribe to assess, repair, rehabilitate, or reconstruct existing infrastructure, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Pine River Indian Irrigation Project Act of 2009’.

SEC. 2. FINDINGS; PURPOSE.

(a) Findings- Congress finds that--

(1) drought, population increases, and environmental needs are exacerbating water supply issues across the western United States, including on the Southern Ute Indian Reservation in southwestern Colorado;

(2)(A) a report of the Government Accountability Office dated 2006 identified significant issues with the Pine River Indian Irrigation Project, including the issue that, at the time of the study, the Bureau of Indian Affairs estimated that total deferred maintenance costs for the Project exceeded $20,000,000; and

(B) other estimates have placed those costs at more than $60,000,000;

(3) the report of the Government Accountability Office demonstrates that key facilities of the Project are severely deteriorated;

(4) operations and maintenance fees are not sufficient to address the condition of the Project, even though the Bureau of Indian Affairs has sought to double those fees, from $8.50 to $17, in recent years;

(5) the report of the Government Accountability Office also notes that a prior study done by the Bureau of Reclamation determined that water users could not afford to pay operations and maintenance fees of $8.50 and operate a profitable farming operation;

(6) the benefits of rehabilitating and repairing the irrigation infrastructure of the Project include--

(A) water conservation;

(B) extending available water supply;

(C) increased agricultural production;

(D) economic benefits;

(E) safer facilities; and

(F) the preservation of the culture of the Southern Ute Indian Tribe;

(7) while, as of the date of enactment of this Act, the Project is managed by the Bureau of Indian Affairs, the Southern Ute Indian Tribe also receives water from facilities owned or operated by the Bureau of Reclamation; and

(8) rehabilitation and repair of the infrastructure of the Project by the Bureau of Reclamation would improve--

(A) overall water management; and

(B) the ability of the Southern Ute Indian Tribe and the Bureau of Reclamation to address potential water conflicts.

(b) Purpose- The purpose of this Act is to require the Secretary of the Interior--

(1) to assess the condition of infrastructure of the Pine River Indian Irrigation Project;

(2) to establish priorities for the rehabilitation of irrigation infrastructure within the Project according to specified criteria; and

(3) to implement rehabilitation activities for the irrigation infrastructure of the Project.

SEC. 3. DEFINITIONS.

In this Act:

(1) PROJECT- The term ‘Project’ means the Pine River Indian Irrigation Project.

(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

(3) STATE- The term ‘State’ means the State of Colorado.

(4) TRIBAL COUNCIL- The term ‘Tribal Council’ means the Southern Ute Indian Tribal Council.

(5) TRIBE- The term ‘Tribe’ means the Southern Ute Indian Tribe.

SEC. 4. STUDY OF IRRIGATION INFRASTRUCTURE OF PROJECT.

(a) Study-

(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary, in consultation with the Tribe, shall--

(A) conduct a study of the irrigation infrastructure of the Project; and

(B) based on the results of the study, develop a list of activities (including a cost estimate for each activity) that are recommended to be implemented during the 10-year period beginning on the date of completion of the study to repair, rehabilitate, or reconstruct that irrigation infrastructure.

(2) FACTORS FOR CONSIDERATION-

(A) IN GENERAL- In developing the list under paragraph (1)(B), the Secretary shall give priority to activities based on--

(i) a review of the priority factors described in subparagraph (B) with respect to the activity;

(ii) recommendations of the Tribe, if any; and

(iii) a consideration of the projected benefits of each activity on completion of the Project.

(B) PRIORITY FACTORS- The priority factors referred to in subparagraph (A)(i) are--

(i) any threat to the health and safety of--

(I) a member of the Tribe;

(II) an employee of the irrigation operations and maintenance program of the Bureau of Indian Affairs; or

(III) the general public;

(ii) the extent of disrepair of the irrigation infrastructure of the Project and the effect of the disrepair on the ability of users of the Project to irrigate agricultural land using that irrigation infrastructure;

(iii) whether, and the extent to which, the repair, rehabilitation, or reconstruction of the irrigation infrastructure of the Project would provide an opportunity to conserve water;

(iv)(I) the economic and cultural impacts the irrigation infrastructure of the Project that is in disrepair has on the Tribe; and

(II) the economic and cultural benefits that the repair, rehabilitation, or reconstruction of that irrigation infrastructure would have on the Tribe;

(v) the opportunity to address water supply or environmental conflicts if the irrigation infrastructure of the Project is repaired, rehabilitated, or reconstructed; and

(vi) the overall benefits of the activity to efficient water operations on the land of the Tribe.

(3) CONSULTATION- In carrying out the study under this subsection, the Secretary shall consult with the Assistant Secretary for Indian Affairs and other relevant Federal and local officials to evaluate the extent to which programs under the jurisdiction of each Federal and local agency may be used to develop--

(A) the list of activities under paragraph (1)(B); or

(B) the report under subsection (b).

(b) Report-

(1) IN GENERAL- Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, and the Tribe a report that includes--

(A) the list of activities recommended for implementation under subsection (a)(1)(B); and

(B) any findings of the Secretary with respect to--

(i) the study under subsection (a);

(ii) consideration of the factors described in subsection (a)(2); and

(iii) any consultation required under subsection (a)(3).

(2) BIENNIAL REVIEW- Not later than 2 years after the date on which the Secretary submits the report under paragraph (1) and every 2 years thereafter, the Secretary, in consultation with the Tribe, shall--

(A) review the report; and

(B) update the list of activities under subsection (a)(1)(B) in accordance with each factor described in subsection (a)(2), as the Secretary determines to be appropriate.

SEC. 5. IRRIGATION INFRASTRUCTURE GRANTS AND AGREEMENTS.