S 2805 ISRSCommentsClose CommentsPermalink

To direct the Secretary of the Interior, acting through the Commissioner of Reclamation, to assess the irrigation infrastructure of the Rio Grande Pueblos in the State of New Mexico and provide grants to, and enter into cooperative agreements with, the Rio Grande Pueblos to repair, rehabilitate, or reconstruct existing infrastructure, and for other purposes.CommentsClose CommentsPermalink

April 2, 2008CommentsClose CommentsPermalink

Mr. BINGAMAN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

To direct the Secretary of the Interior, acting through the Commissioner of Reclamation, to assess the irrigation infrastructure of the Rio Grande Pueblos in the State of New Mexico and provide grants to, and enter into cooperative agreements with, the Rio Grande Pueblos to repair, rehabilitate, or reconstruct existing infrastructure, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `‘Rio Grande Pueblos Irrigation Infrastructure Improvement Act'’. CommentsClose CommentsPermalink

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings- Congress finds that-- CommentsClose CommentsPermalink





(1) drought, population increases, and environmental needs are exacerbating water supply issues across the western United States, including the Rio Grande Basin in New Mexico; CommentsClose CommentsPermalink





(2) a report developed by the Bureau of Reclamation and the Bureau of Indian Affairs in 2000 identified a serious need for the rehabilitation and repair of irrigation infrastructure of the Rio Grande Pueblos; CommentsClose CommentsPermalink





(3) inspection of existing irrigation infrastructure of the Rio Grande Pueblos shows that many key facilities, such as diversion structures and main conveyance ditches, are unsafe and barely, if at all, operable; CommentsClose CommentsPermalink





(4) the benefits of rehabilitating and repairing irrigation infrastructure of the Rio Grande Pueblos include-- CommentsClose CommentsPermalink





(A) water conservation; CommentsClose CommentsPermalink





(B) extending available water supplies; CommentsClose CommentsPermalink





(C) increased agricultural productivity; CommentsClose CommentsPermalink





(D) economic benefits; CommentsClose CommentsPermalink





(E) safer facilities; and CommentsClose CommentsPermalink





(F) the preservation of the culture of Indian Pueblos in the State; CommentsClose CommentsPermalink





(5) certain Indian Pueblos in the Rio Grande Basin receive water from facilities operated or owned by the Bureau of Reclamation; and CommentsClose CommentsPermalink





(6) rehabilitation and repair of irrigation infrastructure of the Rio Grande Pueblos would improve-- CommentsClose CommentsPermalink





(A) overall water management by the Bureau of Reclamation; and CommentsClose CommentsPermalink





(B) the ability of the Bureau of Reclamation to help address potential water supply conflicts in the Rio Grande Basin. CommentsClose CommentsPermalink





(b) Purpose- The purpose of this Act is to direct the Secretary-- CommentsClose CommentsPermalink





(1) to assess the condition of the irrigation infrastructure of the Rio Grande Pueblos; CommentsClose CommentsPermalink





(2) to establish priorities for the rehabilitation of irrigation infrastructure of the Rio Grande Pueblos in accordance with specified criteria; and CommentsClose CommentsPermalink





(3) to implement projects to rehabilitate and improve the irrigation infrastructure of the Rio Grande Pueblos. CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act: CommentsClose CommentsPermalink





(1) 2004 AGREEMENT- The term `2004 Agreement'‘2004 Agreement’ means the agreement entitled `‘Agreement By and Between the United States of America and the Middle Rio Grande Conservancy District, Providing for the Payment of Operation and Maintenance Charges on Newly Reclaimed Pueblo Indian Lands in the Middle Rio Grande Valley, New Mexico'’ and executed in September 2004 (including any successor agreements and amendments to the agreement). CommentsClose CommentsPermalink





(2) DESIGNATED ENGINEER- The term `designated engineer'‘designated engineer’ means a Federal employee designated under the Act of February 14, 1927 (69 Stat. 1098, chapter 138) to represent the United States in any action involving the maintenance, rehabilitation, or preservation of the condition of any irrigation structure or facility on land located in the Six Middle Rio Grande Pueblos. CommentsClose CommentsPermalink





(3) DISTRICT- The term `District'‘District’ means the Middle Rio Grande Conservancy District, a political subdivision of the State established in 1925. CommentsClose CommentsPermalink





(4) PUEBLO IRRIGATION INFRASTRUCTURE- The term `Pueblo irrigation infrastructure'‘Pueblo irrigation infrastructure’ means any diversion structure, conveyance facility, or drainage facility that is-- CommentsClose CommentsPermalink





(A) in existence as of the date of enactment of this Act; and CommentsClose CommentsPermalink





(B) located on land of a Rio Grande Pueblo that is associated with-- CommentsClose CommentsPermalink





(i) the delivery of water for the irrigation of agricultural land; or CommentsClose CommentsPermalink





(ii) the carriage of irrigation return flows and excess water from the land that is served. CommentsClose CommentsPermalink





(5) RIO GRANDE BASIN- The term `Rio Grande Basin'‘Rio Grande Basin’ means the headwaters of the Rio Chama and the Rio Grande Rivers (including any tributaries) from the State line between Colorado and New Mexico downstream to the elevation corresponding with the spillway crest of Elephant Butte Dam at 4,457.3 feet mean sea level. CommentsClose CommentsPermalink





(6) RIO GRANDE PUEBLO- The term `Rio Grande Pueblo'‘Rio Grande Pueblo’ means any of the 18 Pueblos that-- CommentsClose CommentsPermalink





(A) occupy land in the Rio Grande Basin; and CommentsClose CommentsPermalink





(B) are included on the list of federally recognized Indian tribes published by the Secretary in accordance with section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1). CommentsClose CommentsPermalink





(7) SECRETARY- The term `Secretary'‘Secretary’ means the Secretary of the Interior, acting through the Commissioner of Reclamation. CommentsClose CommentsPermalink





(8) SIX MIDDLE RIO GRANDE PUEBLOS- The term `Six Middle Rio Grande Pueblos'‘Six Middle Rio Grande Pueblos’ means each of the Pueblos of Cochiti, Santo Domingo, San Felipe, Santa Ana, Sandia, and Isleta. CommentsClose CommentsPermalink





(9) SPECIAL PROJECT- The term `special project'‘special project’ has the meaning given the term in the 2004 Agreement. CommentsClose CommentsPermalink





(10) STATE- The term `State'‘State’ means the State of New Mexico. CommentsClose CommentsPermalink

SEC. 4. IRRIGATION INFRASTRUCTURE STUDY.

(a) Study- CommentsClose CommentsPermalink





(1) IN GENERAL- On the date of enactment of this Act, the Secretary, in accordance with paragraph (2), and in consultation with the Rio Grande Pueblos, shall-- CommentsClose CommentsPermalink





(A) conduct a study of Pueblo irrigation infrastructure; and CommentsClose CommentsPermalink





(B) based on the results of the study, develop a list of projects (including a cost estimate for each project), that are recommended to be implemented over a 10-year period to repair, rehabilitate, or reconstruct Pueblo irrigation infrastructure. CommentsClose CommentsPermalink





(2) REQUIRED CONSENT- TIn carrying out paragraph (1), the Secretary shall carry out paragraph (1) with the consent of each Pueblo that notifies the Secretary of the intention of the Pueblo toonly include each individual Rio Grande Pueblo that notifies the Secretary that the Pueblo consents to participate in-- CommentsClose CommentsPermalink





(A) the conduct of the study under paragraph (1)(A); and CommentsClose CommentsPermalink





(B) the development of the list of projects under paragraph (1)(B) with respect to the Pueblo. CommentsClose CommentsPermalink





(b) Priority- CommentsClose CommentsPermalink





(1) CONSIDERATION OF FACTORS- CommentsClose CommentsPermalink





(A) IN GENERAL- In developing the list of projects under subsection (a)(1)(B), the Secretary shall-- CommentsClose CommentsPermalink





(i) consider each of the factors described in paragraph (2); and CommentsClose CommentsPermalink





(ii) prioritize the projects recommended for implementation based on-- CommentsClose CommentsPermalink





(I) a review of each of the factors; and CommentsClose CommentsPermalink





(II) a consideration of the projected benefits of the project on completion of the project. CommentsClose CommentsPermalink





(B) ELIGIBILITY OF PROJECTS- A project is eligible to be considered and prioritized by the Secretary if the project addresses at least 1 factor described in paragraph (2). CommentsClose CommentsPermalink





(2) FACTORS- The factors referred to in paragraph (1) are-- CommentsClose CommentsPermalink





(A)(i) the extent of disrepair of the Pueblo irrigation infrastructure; and CommentsClose CommentsPermalink





(ii) the effect of the disrepair on the ability of the applicable Rio Grande Pueblo to irrigate agricultural land using Pueblo irrigation infrastructure; CommentsClose CommentsPermalink





(B) whether, and the extent that, the repair, rehabilitation, or reconstruction of the Pueblo irrigation infrastructure would provide an opportunity to conserve water; CommentsClose CommentsPermalink





(C)(i) the economic and cultural impacts that the Pueblo irrigation infrastructure that is in disrepair has on the applicable Rio Grande Pueblo; and CommentsClose CommentsPermalink





(ii) the economic and cultural benefits that the repair, rehabilitation, or reconstruction of the Pueblo irrigation infrastructure would have on the applicable Rio Grande Pueblo; CommentsClose CommentsPermalink





(D) the opportunity to address water supply or environmental conflicts in the applicable river basin if the Pueblo irrigation infrastructure is repaired, rehabilitated, or reconstructed; and CommentsClose CommentsPermalink





(E) the overall benefits of the project to efficient water operations on the land of the applicable Rio Grande Pueblo. CommentsClose CommentsPermalink





(c) Consultation- In developing the list of projects under subsection (a)(1)(B), the Secretary shall consult with the Director of the Bureau of Indian Affairs (including the designated engineer with respect to each proposed project that affects the Six Middle Rio Grande Pueblos), the Chief of the Natural Resources Conservation Service, and the Chief of Engineers to evaluate the extent to which programs under the jurisdiction of the respective agencies may be used-- CommentsClose CommentsPermalink





(1) to assist in evaluating projects to repair, rehabilitate, or reconstruct Pueblo irrigation infrastructure; and CommentsClose CommentsPermalink





(2) to implement-- CommentsClose CommentsPermalink





(A) a project recommended for implementation under subsection (a)(1)(B); or CommentsClose CommentsPermalink





(B) any other related project (including on-farm improvements) that may be appropriately coordinated with the repair, rehabilitation, or reconstruction of Pueblo irrigation infrastructure to improve the efficient use of water in the Rio Grande Basin. CommentsClose CommentsPermalink





(d) Report- Not later than 18 month2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report that includes-- CommentsClose CommentsPermalink





(1) the list of projects recommended for implementation under subsection (a)(1)(B); and CommentsClose CommentsPermalink





(2) any findings of the Secretary with respect to-- CommentsClose CommentsPermalink





(A) the study conducted under subsection (a)(1)(A); CommentsClose CommentsPermalink





(B) the consideration of the factors under subsection (b)(2); and CommentsClose CommentsPermalink





(C) the consultations under subsection (c). CommentsClose CommentsPermalink





(e) BiennialPeriodic Review- Not later than 24 years after the date on which the Secretary submits the report under subsection (d) and bienniallyevery 4 years thereafter, the Secretary, in consultation with each Rio Grande Pueblo, shall-- CommentsClose CommentsPermalink





(1) review the report submitted under subsection (d); and CommentsClose CommentsPermalink





(2) update the list of projects described in subsection (d)(1) in accordance with each factor described in subsection (b)(2), as the Secretary determines to be appropriate. CommentsClose CommentsPermalink

SEC. 5. IRRIGATION INFRASTRUCTURE GRANTS.

(a) In General- The Secretary may provide grants to, and enter into cooperativentracts or other agreements with, the Rio Grande Pueblos to plan, design, construct, or otherwise implement projects to repair, rehabilitate, reconstruct, or replace Pueblo irrigation infrastructure that are recommended for implementation under section 4(a)(1)(B)-- CommentsClose CommentsPermalink





(1) to increase water use efficiency and agricultural productivity for the benefit of a Rio Grande Pueblo; CommentsClose CommentsPermalink





(2) to conserve water; or CommentsClose CommentsPermalink





(3) to otherwise enhance water management or help avert water supply conflicts in the Rio Grande Basin. CommentsClose CommentsPermalink





(b) Limitation- Assistance provided under subsection (a) shall not be used for-- CommentsClose CommentsPermalink





(1) the repair, rehabilitation, or reconstruction of any major impoundment structure; or CommentsClose CommentsPermalink





(2) any on-farm improvements; or(3) the rehabilitation of any Pueblo irrigation infrastructure for the purpose of irrigating Rio Grande Pueblo land that has not been historically irrigated. CommentsClose CommentsPermalink





(c) Consultation- In carrying out a project under subsection (a), the Secretary shall-- CommentsClose CommentsPermalink





(1) consult with, and obtain the approval of, the applicable Rio Grande Pueblo; CommentsClose CommentsPermalink





(2) consult with the Director of the Bureau of Indian Affairs; and CommentsClose CommentsPermalink





(3) as appropriate, coordinate the project with any work being conducted under the irrigation operations and maintenance program of the Bureau of Indian Affairs. CommentsClose CommentsPermalink





(d) Cost-Sharing Requirement- CommentsClose CommentsPermalink





(1) FEDERAL SHARE- CommentsClose CommentsPermalink





(A) IN GENERAL- Except as provided in subparagraph (B), the Federal share of the total cost of carrying out a project under subsection (a) shall be not more than 75 percent. CommentsClose CommentsPermalink





(B) EXCEPTION- The Secretary may waive or limit the non-Federal share required under subparagraph (A) if the Secretary determines, based on a demonstration of financial hardship by the Rio Grande Pueblo, that the Rio Grande Pueblo is unable to contribute the required non-Federal share. CommentsClose CommentsPermalink





(2) DISTRICT CONTRIBUTIONS- CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary may accept from the District a partial or total contribution toward the non-Federal share required for a project carried out under subsection (a) on land located in any of the Six Middle Rio Grande Pueblos if the Secretary determines that the project is a special project. CommentsClose CommentsPermalink





(B) LIMITATION- Nothing in subparagraph (A) requires the District to contribute to the non-Federal share of the cost of a project carried out under subsection (a). CommentsClose CommentsPermalink





(3) STATE CONTRIBUTIONS- CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary may accept from the State a partial or total contribution toward the non-Federal share for a project carried out under subsection (a). CommentsClose CommentsPermalink





(B) LIMITATION- Nothing in subparagraph (A) requires the State to contribute to the non-Federal share of the cost of a project carried out under subsection (a). CommentsClose CommentsPermalink





(4) FORM OF NON-FEDERAL SHARE- The non-Federal share under paragraph (1)(A) may be in the form of in-kind contributions, including the contribution of any valuable asset or service that the Secretary determines would substantially contribute to a project carried out under subsection (a). CommentsClose CommentsPermalink





(e) Operation and Maintenance- The Secretary may not use any amount made available under section 8(b) to carry out the operation or maintenance of any project carried out under subsection (a). CommentsClose CommentsPermalink

SEC. 6. EFFECT ON EXISTING AUTHORITY AND RESPONSIBILITIES.

Nothing in this Act-- CommentsClose CommentsPermalink





(1) affects any existing project-specific funding authority; or CommentsClose CommentsPermalink





(2) limits or absolves the United States from any responsibility to any Rio Grande Pueblo (including any responsibility arising from a trust relationship or from any Federal law (including regulations), Executive order, or agreement between the Federal Government and any Rio Grande Pueblo). CommentsClose CommentsPermalink

SEC. 7. EFFECT ON PUEBLO WATER RIGHTS OR STATE WATER LAW.

(a) Pueblo Water Rights- Nothing in this Act (including the implementation of any project carried out in accordance with this Act) affects the right of any Pueblo to receive, divert, store, or claim a right to water, including the priority of right and the quantity of water associated with the water right under Federal or State law. CommentsClose CommentsPermalink





(b) State Water Law- Nothing in this Act preempts or affects-- CommentsClose CommentsPermalink





(1) State water law; or CommentsClose CommentsPermalink





(2) an interstate compact governing water. CommentsClose CommentsPermalink

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

(a) Study- There is authorized to be appropriated to carry out section 4 $4,000,000. CommentsClose CommentsPermalink





(b) Projects- There is authorized to be appropriated to carry out section 5 $6,000,000 for each of fiscal years 2010 through 2019. CommentsClose CommentsPermalink