Page:United States Statutes at Large Volume 123.djvu/1328

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123STA T . 13 08PUBLIC LA W 111 – 11 —M A R .30 , 200 9(i)thes t udycon ducted unde rpa ra g raph ( 1 )( A )(i)

(ii) the consideration o f the factors under para - graph ( 2 )( B ); and (iii) the consu l tations under paragraph ( 3 ) . ( 5 ) PERIOD I C RE V IE W . —N ot later than 4 years after the date on w hich the S ecretary su bm its the report under para- graph (4) and e v ery 4 years thereafter , the Secretary, in con- sultation with each R io G rande Pueblo, shall— (A) review the report submitted under paragraph (4); and (B) update the list of pro j ects described in paragraph (4)(A) in accordance with each factor described in para- graph (2)(B), as the Secretary determines to be appropriate. (d) I RRI GAT IO N IN F RA S TR U CTURE GRANTS.— (1) IN GENERA L .— T he Secretary may provide grants to, and enter into contracts or other agreements with, the Rio Grande Pueblos to plan, design, construct, or otherwise imple- ment 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) L I M ITATION.—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 para- graph (1), the Secretary shall— (A) consult with, and obtain the approval of, the applicable Rio Grande Pueblo; (B) consult with the D irector of the Bureau of Indian Affairs; and (C) as appropriate, coordinate the project with any wor k being conducted under the irrigation operations and maintenance program of the Bureau of Indian Affairs. (4) COST-S H ARING RE Q UIREMENT.— (A) F EDERAL SHARE.— (i) IN GENERAL.— Ex cept 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 7 5 percent. (ii) E X CE P TION.—The Secretary may waive or limit the non-Federal share re q uired 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 CONTRI B UTIONS.— (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 Waiver a utho rit y.D ea dl i n e.