Bureau of Indian Affairs Office of Trust Services Division of Water and Power WATER INFRASTRUCTURE IMPROVEMENTS FOR THE NATION (WIIN) ACT OF 2016 Title III Subtitle A, Indian Dam Safety Subtitle B, Irrigation

PURPOSE OF THE WIIN ACT The purpose of the Water Infrastructure Improvement for the Nation (WIIN) Act, Title III, Subtitles A and B is to improve the infrastructure of Indian Country by helping to reduce the deferred maintenance at high- and low-hazard potential Indian dams and specific Indian irrigation projects. History leading up to the WIIN Act: (Irrigation) Recent congressional interest (Senate Committee on Indian Affairs - SCIA) in improving irrigation infrastructure dates back to a 2003 Town Hall meeting in Billings MT hosted by then Senator Conrad Burns and Congressman Rehberg of Montana where they met with Montana tribes to discuss issues and concerns. This culminated in an additional $15 million dollars over 2 years in 2006-2007 for projects in the Rocky Mountain Region. The GAO Audit of Indian Irrigation in 2006 provided guidance for numerous program needs. The BIA Irrigation Program has accomplished many of those findings since 2006 regarding asset management including: Inventory and GPS mapping of all irrigation assets Engineering Evaluations (Condition Assessments) of all Projects, documenting Deferred Maintenance. Cost indexing of all Deferred Maintenance estimates to 2016 costs (more on later slide) Training of local staff in Water Management and Water Measurement Modernization Studies Senate Committee on Indian Affairs passed the Irrigation Rehabilitation and Renovation for Indian Tribal Governments and Their Economies Act” or the “IRRIGATE Act” out of Committee in 2015, but it didn’t make it to the floor of Congress. This would have provided $35M annually for 22 years for a total of $770M All of this past work has culminated with the passage of the WIIN Act in 2016, which includes a five year authorization for infrastructure improvements across the nation, including Indian irrigation projects, but unfortunately without specific funding appropriations. DEFERRED MAINTENANCE DEFINITION: means any maintenance activity that was delayed to a future date, in lieu of being carried out at the time at which the activity was scheduled to be, or otherwise should have been, carried out.

FUNDS AVAILABILITY For each of fiscal years 2017 through 2023, the Secretary of the Treasury shall deposit $22.75 million in the high-hazard dam deferred maintenance Fund and $10 million in the low-hazard dam deferred maintenance Fund. For each of fiscal years 2017 through 2021, the Secretary of the Treasury shall deposit in an Irrigation Fund $35 million from the general fund of the Treasury. The Act creates and funds a Treasury Account subject to appropriation and may require offsets. Amounts deposited in the Funds shall be used, subject to appropriation, to carry out these subtitles. Given the current budget cycle, BIA’s earliest opportunity to request this funding is during the fiscal year 2019 budget formulation. Emphasize the following: Act ONLY creates and funds a Treasury Account But that account is “subject to appropriations” May require offsets to DOI and/or BIA budgets If funds do become available, funds shall only be spent on eligible Indian irrigation projects.

WIIN ACT SCHEDULE Date Activity December 10, 2016 WIIN Act passes Senate/House, Referred to President for signature December 16, 2016 President signed the WIIN Act into law February 6-10, 2017 Tribal consultation sessions – combined Dam Safety & Irrigation (Billings, MT 2/6; Albuquerque, NM 2/8; Portland, OR 2/10) February 13-17, 2017 Tribal and public outreach webinars – Dam Safety February 13-27, 2017 Landowner and irrigator outreach – Irrigation (Billings, MT 2/15; Ignacio, CO 2/17; Phoenix, AZ 2/22; Portland, OR 2/23) March 3, 2017 Comment deadline for tribes and landowners/irrigators March 6-24, 2017 Review tribal comments and address in final reports Consider landowner/irrigator input April 14, 2017 Submit Report to Congress December 16, 2017 Annual BIA Condition of Dams Report due to Congress December 16, 2018 Study of Indian Irrigation Program and Project Management due to Congress Biennial BIA Irrigation Status Report due to Congress This table lists the important activities surrounding the WIIN Act that have occurred and will occur for both SOD and Irrigation. All items through April 2017 have been completed.

BIA SAFETY OF DAMS PROGRAM Established under the Indian Dams Safety Act of 1994, Public Law No. 103-302, 25 U.S.C. § 3801 Manages the dams located on Indian lands within the U.S., with special emphasis on those dams that would pose a threat to human life Black Rock Dam – Zuni Reservation Lower Two Medicine Dam - Blackfeet Reservation

BIA SAFETY OF DAMS PROGRAM 138 high haz dams 42 reservations This map shows all the high-hazard dams currently in our program. The WIIN Act, if funded will provide funding for all Tribes which have dams on Indian lands. There are hundreds if not thousands of dams which have not been discovered or have gone unclassified to date and are located all across America. The WIIN Act could provide millions of dollars to Tribes with dams and Tribes whom have still yet to find and discover these dams. The WIIN Act could potentially provide many Tribes with economic benefits and could create many job opportunities on reservations through the passage of this new legislation. BUREAU OF INDIAN AFFAIRS OFFICE OF TRUST SERVICES

INDIAN DAM SAFETY SUBTITLE KEY POINTS Prioritize deferred maintenance projects based on specified criteria and tribal consultation. Submit a report outlining programmatic goals and prioritization of projects to Congress (completed). Establish a tribal committee to recommend legislation to modernize the Indian Dams Safety Act of 1994. Conduct a floodplain management pilot program. Submit annual BIA Condition of Dams Report to Congress. Every 180 days the tribes will report an inventory of dams on their land to the Secretary of the Interior. If the WIIN ACT is funded, can help fund Tribes in performing data collection of their dam inventory every 180 days on their land to report this data to the Secretary of the Interior.

FUNDING PRIORITY CRITERIA Threat to public safety; natural or cultural resources; and the ability to operate the dam Ability to improve safety, health, or accessibility; legal and code compliance; provide unmet needs; and improve protection of natural or cultural resources Existing priority Potential uses and economic benefits Current flood protection Indian Dams Safety Act of 1994 compliant Future flood protection potential Additional factors recommended Number of tribes served by the dam Population served by the dam This is the list of factors to consider when determining the funding priority of an eligible dam.

FUNDING PRIORITY CRITERIA WEIGHTING Potential Uses and Economic Benefits (50%) The most important criteria when determining funding for the high-hazard potential dams is the threat to public safety. The methodology the BIA developed places 75% of the weight on that factor. For the low-hazard dams, there is no risk to public safety. The factor with the highest weight for the low-hazard potential dams is the potential uses and economic benefits, which composes 50% of the total weighting.

BIA IRRIGATION PROGRAM Manages 17 Congressionally Authorized Irrigation Projects of which 15 are revenue generating ~$35M in receipts annually >$960M in gross crop revenues annually additional $670 million of indirect benefit ~780,000 acres serviced 6,300 miles of canals more than 52,000 irrigation structures The total deferred maintenance reported in 2016 was $630 million The total deferred maintenance estimate will increase in the Q3 2017 report based on the results of the indexing study. Completed Condition Assessment studies ranged from 2006 to 2016, so the indexing will bring all cost estimates to 2016 dollars. In an August 2016 economic study commissioned by the BIA, the Bureau of Reclamation concluded that irrigated lands served by the seventeen Indian irrigation projects produce in excess of $960 million (2013 dollars) in gross crop revenues annually with an additional $670 million of indirect benefit, for a total economic benefit of approximately $1.6 billion annually

Office of Trust Services Eligible Irrigation Projects: Navajo Region Navajo Indian Irrigation Project Northwest Region Flathead Indian Irrigation Project Fort Hall Indian Irrigation Project Wapato Indian Irrigation Project Rocky Mountain Region Blackfeet Indian Irrigation Project Crow Indian Irrigation Project Fort Belknap Indian Irrigation Project Fort Peck Indian Irrigation Project Wind River Indian Irrigation Project Southwest Region Pine River Indian Irrigation Project Western Region Colorado River Indian Irrigation Project Duck Valley Indian Irrigation Project Pyramid Lake Indian Irrigation Project San Carlos Irrigation Project - Indian Works (SCIP-IW), Gila River Indian Community San Carlos Irrigation Project - Joint Works (SCIP-JW) Uintah Indian Irrigation Project Walker River Indian Irrigation Project Office of Trust Services

IRRIGATION PROJECT ELIGIBILITY Indian irrigation project eligibility requirements: Must be owned by the Federal Government Must be managed and operated by BIA or Tribe through a Public Law 93-638 contract, or through a compact Must have deferred maintenance documented by BIA Per WIIN Act, funding priority given to: Eligible Indian irrigation projects serving more than 1 Indian Tribe within an Indian Reservation Projects without a “settlement” in the past 10-years These requirements are straight from the WIIN Act. Per the WIIN Act, the eligibility criteria are evaluated based on status at enactment. The Act mandates the BIA Projects serving more than one (1) tribe would receive a higher priority: Wind River Indian Irrigation Project - Eastern Shoshone and Northern Arapaho Tribes of the Wind River Reservation We relied on the current Federally Recognized Tribes listing for this determination (“Federal Register Notice of Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs (81 Fed. Reg. 26826), which is the official listing of all federally recognized tribes in the United States, pursuant to the Federally Recognized Indian Tribe List Act of 1994 (Pub. L. 103-454, 108 Stat. 4791-4792).”) Projects that had funding made available for the same purpose as the WIIN Act from December 15, 2006 through December 15, 2016 are mandated to receive a lower priority: Crow Indian Irrigation Project Crow Tribe Water Rights Settlement Act of 2010, Public Law 111-291, signed into law on December 8th, 2010. Duck Valley Indian Irrigation Project 2009 Omnibus Public Land Management Act (H.R. 146, 111th Congress) San Carlos Irrigation Project - Indian Works San Carlos Irrigation Project - Joint Works Arizona Water Settlements Act 118 STAT. 3478 PUBLIC LAW 108–451—DEC. 10, 2004

IRRIGATION SUBTITLE KEY POINTS Prioritize deferred maintenance projects based on specified criteria and tribal consultation. Submit a report outlining programmatic goals and prioritization of projects to Congress (completed). Conduct a study of the Indian irrigation program and project management (started)  Submit a Status Report to Congress within 2 years of enactment, and every 2 years following. For the study of the Indian irrigation program and project management: - Report submitted 2 years after enactment (Dec 2018) - BIA will be seeking input from tribes via interviews - BIA is using Program Funds for these activities, not waiting on WIIN Act funding to initiate The Status report every 2 years refers to documenting rehabilitation accomplishments of features with deferred maintenance

REHABILITATION FUNDS DISTRIBUTION CRITERIA Ability of the nominated feature to resolve or improve health and safety issues Type of work needed Rehabilitation Priority Index Deficiency Category Ranking Criticality of fixing the identified feature Funding amount Should funding become available, BIA intends to work cooperatively with tribes and irrigators to more specifically identify rehabilitation efforts within each project, discussing priorities collaboratively and attempting to establish common goals. Work will be offered to tribes under P.L. 93-638 Subpart J (Construction)/Compact thru Self-Governance

WIIN ACT IMPLEMENTATION SUPPORT Condition Assessment Studies Estimate deferred maintenance for each project Modernization Studies and Rapid Assessments Goal to examine the operational elements of BIA irrigation projects with the objective to improve resource utilization and water delivery service Water Measurement Support Provide water measurement training to project staff to teach the technical skills necessary ensure appropriate delivery of Tribes’ water rights Condition Assessment Studies Deferred maintenance estimates were developed from contracted Condition Assessment Studies The total deferred maintenance reported in 2016 was $630 million. A study has been completed that indexed all Condition Assessment deferred maintenance estimates to 2016 dollars, and will be included in the 2017 Deferred Maintenance reports Condition Assessment studies have been completed between 2006 and 2016 for all 17 Irrigation Projects Modernization Studies – Goal to look at the operational elements of BIA irrigation projects with the objective to improve resource utilization and water delivery service evaluate the major and minor structures within the Project to determine if they serve the current needs or if an alternative structure would be more appropriate Modernization studies conducted by Cal Poly’s Irrigation Training and Research Center (ITRC) staff: Wind River and Flathead Irrigation Projects completed in April 2016 ongoing at Wapato and NIIP with a completion date of May 2017 The BIA will contract for a Rapid Assessment Process evaluation at the projects who haven’t received a settlement in the past 10 years to provide rehabilitation priorities with proper structure design Water Measurement Support – The BIA is committed to improving the technical skills of the staff responsible for water delivery operations at BIA Irrigation Projects. Water measurement is a key skill to ensure appropriate delivery of the Tribes’ water rights. The BIA has completed water measurement trainings facilitated by Cal Poly’s ITRC for BIA and Tribal 638 staff from the follow projects: Navajo Region: Navajo Indian Irrigation Project Northwest Region: Flathead, Fort Hall, and Wapato Indian Irrigation Projects Rocky Mountain Region: Blackfeet and Wind River Indian Irrigation Projects Southwest Region: Pine River Indian Irrigation Project Western Region: Colorado River, San Carlos Irrigation Project, Uintah, and Walker River Indian Irrigation Projects. The BIA plans to provide training at the remaining projects over the next two years