Sec. 3223. REQUIREMENTS AND CONDITIONS

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## SEC. 3223 REQUIREMENTS AND CONDITIONS Not later than 120 days after the date of enactment of this Act and as a precondition to amounts being expended from the Fund to carry out this part, the Secretary, in consultation with the Assistant Secretary for Indian Affairs and representatives of affected Indian tribes, shall develop and submit to Congress— ####

(1)programmatic goals to carry out this part that— #####

(A)would enable the completion of repairing, replacing, modernizing, or performing maintenance on projects as expeditiously as practicable; #####

(B)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 project; #####

(C)ensure that the results of government-to-government consultation required under section 3225 be addressed; and #####

(D)would facilitate the construction of new water storage using non-Federal contributions to address tribal, regional, and watershed-level supply needs; and ####

(2)funding prioritization criteria to serve as a methodology for distributing funds under this part, that take into account— #####

(A)the extent to which deferred maintenance of qualifying irrigation projects poses a threat to public or employee safety or health; #####

(B)the extent to which deferred maintenance poses a threat to natural or cultural resources; #####

(C)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 project; #####

(D)the extent to which repairing, replacing, modernizing, or performing maintenance on a facility or structure will— ######

(i)improve public or employee safety, health, or accessibility; ######

(ii)assist in compliance with codes, standards, laws, or other requirements; ######

(iii)address unmet needs; and ######

(iv)assist in protecting natural or cultural resources; #####

(E)the methodology of the rehabilitation priority index of the Secretary, as in effect on the date of enactment of this Act; #####

(F)the potential economic benefits of the expenditures on job creation and general economic development in the affected tribal communities; #####

(G)the ability of the qualifying project to address tribal, regional, and watershed level water supply needs; and #####

(H)such other factors as the Secretary determines to be appropriate to prioritize the use of available funds that are, to the fullest extent practicable, consistent with tribal and user recommendations received pursuant to the consultation and input process under section 3225.