Sec. 9106. RIO GRANDE PUEBLOS, NEW MEXICO
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## SEC. 9106 RIO GRANDE PUEBLOS, NEW MEXICO ###
(a)Findings and Purpose ####
(1)Findings The Secretary may provide any grant to, or enter into an agreement with, any eligible applicant to assist the eligible applicant in planning, designing, or constructing any improvement— #####
(A)drought, population increases, and environmental needs are exacerbating water supply issues across the western United States, including the Rio Grande Basin in New Mexico; #####
(B)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; #####
(C)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; #####
(D)the benefits of rehabilitating and repairing irrigation infrastructure of the Rio Grande Pueblos include— ######
(i)to address any climate-related impact to the water supply of the United States that increases ecological resiliency to the impacts of climate change; ######
(ii)extending available water supplies; ######
(iii)increased agricultural productivity; ######
(iv)economic benefits; ######
(v)safer facilities; and ######
(vi)the preservation of the culture of Indian Pueblos in the State; #####
(E)certain Indian Pueblos in the Rio Grande Basin receive water from facilities operated or owned by the Bureau of Reclamation; and #####
(F)to prevent the decline of species that the United States Fish and Wildlife Service and National Marine Fisheries Service have proposed for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) (or candidate species that are being considered by those agencies for such listing but are not yet the subject of a proposed rule); ######
(i)overall water management by the Bureau of Reclamation; and ######
(ii)the ability of the Bureau of Reclamation to help address potential water supply conflicts in the Rio Grande Basin. ####
(2)Purpose The purpose of this section is to direct the Secretary— #####
(A)to assess the condition of the irrigation infrastructure of the Rio Grande Pueblos; #####
(B)submit to the Secretary an application that includes a proposal of the improvement or activity to be planned, designed, constructed, or implemented by the eligible applicant. #####
(C)to implement projects to rehabilitate and improve the irrigation infrastructure of the Rio Grande Pueblos. ###
(b)Definitions In this section: ####
(1)2004 AGREEMENT The term “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). ####
(2)Designated engineer The term “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. ####
(3)District The term “District” means the Middle Rio Grande Conservancy District, a political subdivision of the State established in 1925. ####
(4)Pueblo irrigation infrastructure The term “Pueblo irrigation infrastructure” means any diversion structure, conveyance facility, or drainage facility that is— #####
(A)in existence as of the date of enactment of this Act; and #####
(B)located on land of a Rio Grande Pueblo that is associated with— ######
(i)the delivery of water for the irrigation of agricultural land; or ######
(ii)the delivery of water for the irrigation of agricultural land; or ####
(5)Rio grande basin The term “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. ####
(6)Rio grande pueblo The term “Rio Grande Pueblo” means any of the 18 Pueblos that— #####
(A)occupy land in the Rio Grande Basin; and #####
(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). ####
(7)Secretary The term “Secretary” means the Secretary of the Interior, acting through the Commissioner of Reclamation. ####
(8)Six middle rio grande pueblos The term “Six Middle Rio Grande Pueblos” means each of the Pueblos of Cochiti, Santo Domingo, San Felipe, Santa Ana, Sandia, and Isleta. ####
(9)Special project The term “special project” has the meaning given the term in the 2004 Agreement. ####
(10)State The term “State” means the State of New Mexico. ###
(c)Irrigation Infrastructure Study ####
(1)Study #####
(A)In general On the date of enactment of this Act, the Secretary, in accordance with subparagraph (B), and in consultation with the Rio Grande Pueblos, shall— ######
(i)conduct a study of Pueblo irrigation infrastructure; and ######
(ii)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. #####
(B)Required consent In carrying out subparagraph (A), the Secretary shall only include each individual Rio Grande Pueblo that notifies the Secretary that the Pueblo consents to participate in— ######
(i)the conduct of the study under subparagraph (A)(i); and ######
(ii)the development of the list of projects under subparagraph (A)(ii) with respect to the Pueblo. ####
(2)Priority #####
(A)Consideration of factors ######
(i)In general In developing the list of projects under paragraph (1)(A)(ii), the Secretary shall— ######
(I)consider each of the factors described in subparagraph (B); and ######
(II)prioritize the projects recommended for implementation based on— ######
(aa)a review of each of the factors; and ######
(bb)a consideration of the projected benefits of the project on completion of the project. ######
(ii)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 subparagraph (B). #####
(B)Factors The factors referred to in subparagraph
(A)are— ######
(i)######
(I)the extent of disrepair of the Pueblo irrigation infrastructure; and ######
(II)the effect of the disrepair on the ability of the applicable Rio Grande Pueblo to irrigate agricultural land using Pueblo irrigation infrastructure; ######
(ii)whether, and the extent that, the repair, rehabilitation, or reconstruction of the Pueblo irrigation infrastructure would provide an opportunity to conserve water; ######
(iii)######
(I)the economic and cultural impacts that the Pueblo irrigation infrastructure that is in disrepair has on the applicable Rio Grande Pueblo; and ######
(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; ######
(iv)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 ######
(v)the overall benefits of the project to efficient water operations on the land of the applicable Rio Grande Pueblo. ####
(3)Consultation In developing the list of projects under paragraph (1)(A)(ii), 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— #####
(A)to assist in evaluating projects to repair, rehabilitate, or reconstruct Pueblo irrigation infrastructure; and #####
(B)to implement— ######
(i)a project recommended for implementation under paragraph (1)(A)(ii); or ######
(ii)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. ####
(4)Report Not later than 2 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— #####
(A)the list of projects recommended for implementation under paragraph (1)(A)(ii); and #####
(B)The factors referred to in subparagraph
(A)are—any findings of the Secretary with respect to— ######
(i)the study conducted under paragraph (1)(A)(i); ######
(ii)the consideration of the factors under paragraph (2)(B); and ######
(iii)the consultations under paragraph (3). ####
(5)Periodic review Not later than 4 years after the date on which the Secretary submits the report under paragraph
(4)and every 4 years thereafter, the Secretary, in consultation with each Rio Grande Pueblo, shall— #####
(A)review the report submitted under paragraph (4); and #####
(B)update the list of projects described in paragraph (4)(A) in accordance with each factor described in paragraph (2)(B), as the Secretary determines to be appropriate. ###
(d)Irrigation Infrastructure Grants ####
(1)In general The Secretary may provide grants to, and enter into contracts 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 subsection (c)(1)(A)(ii)— #####
(A)to increase water use efficiency and agricultural productivity for the benefit of a Rio Grande Pueblo; #####
(B)to conserve water; or #####
(C)to otherwise enhance water management or help avert water supply conflicts in the Rio Grande Basin. ####
(2)Limitation Assistance provided under paragraph
(1)shall not be used for— #####
(A)the repair, rehabilitation, or reconstruction of any major impoundment structure; or #####
(B)any on-farm improvements. ####
(3)Consultation In carrying out a project under paragraph (1), the Secretary shall— #####
(A)consult with, and obtain the approval of, the applicable Rio Grande Pueblo; #####
(B)consult with the Director of the Bureau of Indian Affairs; and #####
(C)as appropriate, coordinate the project with any work being conducted under the irrigation operations and maintenance program of the Bureau of Indian Affairs. ####
(4)Cost-sharing requirement #####
(A)Federal share the list of projects recommended for implementation under paragraph (1)(A)(ii); and ######
(i)In general Except as provided in clause (ii), the Federal share of the total cost of carrying out a project under paragraph
(1)shall be not more than 75 percent. ######
(ii)Exception The Secretary may waive or limit the non-Federal share required under clause
(i)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. #####
(B)District contributions ######
(i)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 paragraph
(1)on land located in any of the Six Middle Rio Grande Pueblos if the Secretary determines that the project is a special project. ######
(ii)Limitation Nothing in clause
(i)requires the District to contribute to the non-Federal share of the cost of a project carried out under paragraph (1). #####
(C)State contributions ######
(i)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 paragraph (1). ######
(ii)Limitation Nothing in clause
(i)requires the State to contribute to the non-Federal share of the cost of a project carried out under paragraph (1). #####
(D)Form of non-federal share The non-Federal share under subparagraph (A)(i) 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 paragraph (1). ####
(5)Operation and maintenance The Secretary may not use any amount made available under subsection (g)(2) to carry out the operation or maintenance of any project carried out under paragraph (1). ###
(e)Effect on Existing Authority and Responsibilities There is authorized to be appropriated to carry out this section, to remain available until expended. ####
(1)affects any existing project-specific funding authority; or ####
(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). ###
(f)Effect on Pueblo Water Rights or State Water Law ####
(1)Pueblo water rights Nothing in this section (including the implementation of any project carried out in accordance with this section) 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. ####
(2)State water law Nothing in this section preempts or affects— #####
(A)State water law; or #####
(B)an interstate compact governing water. ###
(g)Authorization of Appropriations ####
(1)There is authorized to be appropriated to carry out subsection
(c)$4,000,000. ####
(2)There is authorized to be appropriated to carry out subsection
(d)$6,000,000 for each of fiscal years 2010 through 2022. * * * * * * * ## Subtitle F Secure Water
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- 69 Stat. 1098
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