[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 886 Engrossed in Senate (ES)]

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116th CONGRESS
  2d Session
                                 S. 886

_______________________________________________________________________

                                 AN ACT


 
  To amend the Omnibus Public Land Management Act of 2009 to make the 
             Reclamation Water Settlements Fund permanent.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Water Rights Settlement 
Extension Act''.

SEC. 2. TRIBAL WATER RIGHTS.

    (a) Definition of 611(g) Agreement.--Section 602 of the Aamodt 
Litigation Settlement Act (Public Law 111-291; 124 Stat. 3134) is 
amended--
            (1) by redesignating paragraphs (1) through (23) as 
        paragraphs (2) through (24), respectively; and
            (2) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) 611(g) agreement.--The term `611(g) Agreement' means 
        the agreement dated July 2, 2019, to be executed by the United 
        States, the State, the Pueblos, the County, and the City 
        pursuant to section 611(g).''.
    (b) Final Project Design.--Section 611(b) of the Aamodt Litigation 
Settlement Act (Public Law 111-291; 124 Stat. 3137) is amended, in the 
matter preceding paragraph (1), by striking ``within 90 days of'' and 
inserting ``as soon as feasible after''.
    (c) Construction Costs for Pueblo Water Facilities.--Section 611(f) 
of the Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat. 
3138) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking 
                ``$106,400,000'' and inserting ``$243,400,000''; and
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) Exception.--Of the amount described in 
                subparagraph (A)--
                            ``(i) the initial $106,400,000 shall be 
                        increased or decreased, as appropriate, based 
                        on ordinary fluctuations in construction costs 
                        since October 1, 2006, as determined using 
                        applicable engineering cost indices; and
                            ``(ii) any amounts made available in excess 
                        of the amount described in clause (i) shall be 
                        increased or decreased, as appropriate, based 
                        on ordinary fluctuations in construction costs 
                        since October 1, 2018, as determined using 
                        applicable engineering cost indices.''; and
            (2) in paragraph (3), by inserting ``and the 611(g) 
        Agreement'' after ``the Cost-Sharing and System Integration 
        Agreement''.
    (d) Funding for Regional Water System.--Section 617(a)(1) of the 
Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat. 3147) 
is amended--
            (1) in subparagraph (B)--
                    (A) by striking the period at the end and inserting 
                ``; and'';
                    (B) by striking ``section 616 $50,000,000'' and 
                inserting the following: ``section 616--
                            ``(i) $50,000,000''; and
                    (C) by adding at the end the following:
                            ``(ii) subject to the availability of 
                        appropriations and in addition to the amounts 
                        made available under clause (i), $137,000,000, 
                        as adjusted under paragraph (4), for the period 
                        of fiscal years 2021 through 2028.''; and
            (2) by adding at the end the following:
                    ``(C) Prohibition.--Notwithstanding any other 
                provision of law, any additional amounts made available 
                under subparagraph (B)(ii) shall not be made available 
                from the Reclamation Water Settlements Fund established 
                by section 10501(a) of the Omnibus Public Land 
                Management Act of 2009 (43 U.S.C. 407(a)).''.
    (e) Adjustment.--Section 617(a)(4) of the Aamodt Litigation 
Settlement Act (Public Law 111-291; 124 Stat. 3147) is amended--
            (1) by striking ``The amounts'' and inserting the 
        following:
                    ``(A) In general.--The amounts'';
            (2) in subparagraph (A) (as so designated), by striking 
        ``since October 1, 2006, as determined using applicable 
        engineering cost indices'' and inserting ``pursuant to section 
        611(f)(1)(B)''; and
            (3) by inserting at the end the following:
                    ``(B) Prohibition.--Notwithstanding any other 
                provision of law, any additional amounts made available 
                as a result of this paragraph, as compared to this 
                paragraph as in effect on the day before the date of 
                enactment of this subparagraph, shall--
                            ``(i) be subject to the availability of 
                        appropriations; and
                            ``(ii) not be made available from the 
                        Reclamation Water Settlements Fund established 
                        by section 10501(a) of the Omnibus Public Land 
                        Management Act of 2009 (43 U.S.C. 407(a)).''.
    (f) Execution of Agreement Under Section 611(g).--Section 621 of 
the Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat. 
3149) is amended by striking subsections (a) and (b) and inserting the 
following:
    ``(a) Approval.--To the extent the Settlement Agreement, the Cost-
Sharing and System Integration Agreement, and the 611(g) Agreement do 
not conflict with this title, the Settlement Agreement, the Cost-
Sharing and System Integration Agreement, and the 611(g) Agreement 
(including any amendments to the Settlement Agreement, the Cost-Sharing 
and System Integration Agreement, and the 611(g) Agreement that are 
executed to make the Settlement Agreement, the Cost-Sharing and System 
Integration Agreement, or the 611(g) Agreement consistent with this 
title) are authorized, ratified, and confirmed.
    ``(b) Execution.--To the extent the Settlement Agreement, the Cost-
Sharing and System Integration Agreement, and the 611(g) Agreement do 
not conflict with this title, the Secretary shall execute the 
Settlement Agreement, the Cost-Sharing and System Integration 
Agreement, and the 611(g) Agreement (including any amendments that are 
necessary to make the Settlement Agreement, the Cost-Sharing and System 
Integration Agreement, or the 611(g) Agreement consistent with this 
title).''.
    (g) Requirements for Determination of Substantial Completion of the 
Regional Water System.--Section 623(e) of the Aamodt Litigation 
Settlement Act (Public Law 111-291; 124 Stat. 3151) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Criteria for substantial completion of regional water 
        system.--Subject to the provisions of section 611(d) concerning 
        the extent, size, and capacity of the County Distribution 
        System, the Regional Water System shall be determined to be 
        substantially completed if--
                    ``(A) the infrastructure has been constructed 
                capable of--
                            ``(i) diverting, treating, transmitting, 
                        and distributing a supply of 2,500 acre-feet of 
                        water to the Pueblos consistent with the 
                        Engineering Report (as amended by the 611(g) 
                        Agreement and the Operating Agreement); and
                            ``(ii) diverting, treating, and 
                        transmitting the quantity of water specified in 
                        the Engineering Report to the County 
                        Distribution System and consistent with the 
                        Engineering Report (as amended by the 611(g) 
                        Agreement and the Operating Agreement); or
                    ``(B) the Secretary--
                            ``(i) issues a notice to proceed 
                        authorizing the commencement of Phase I 
                        construction of the Regional Water System by 
                        December 31, 2019, and subsequently commences 
                        construction of the Regional Water System;
                            ``(ii) diligently proceeds to construct the 
                        Regional Water System in accordance with the 
                        Engineering Report (as amended by the 611(g) 
                        Agreement), on a schedule for completion by 
                        June 30, 2028;
                            ``(iii) expends all of the available 
                        funding provided to construct the Regional 
                        Water System under section 611(f)(1)(A), in the 
                        Cost-Sharing and System Integration Agreement, 
                        and in the 611(g) Agreement;
                            ``(iv) complies with the terms of the 
                        611(g) Agreement; and
                            ``(v) despite diligent efforts cannot 
                        complete construction of the Regional Water 
                        System as described in the final Engineering 
                        Report (as amended by the 611(g) Agreement), 
                        due solely to the lack of additional authorized 
                        funding.'';
            (2) in paragraph (2)--
                    (A) by striking ``2021'' and inserting ``2025''; 
                and
                    (B) by striking ``2024'' and inserting ``2028'';
            (3) in paragraph (3), in the matter preceding subparagraph 
        (A), by striking ``2021'' and inserting ``2025'';
            (4) in paragraph (4)(B)(ii)(II), by striking ``2023'' and 
        inserting ``2027''; and
            (5) in paragraph (5)(A), by striking ``2024'' and inserting 
        ``2028''.

SEC. 3. KICKAPOO TRIBE.

    (a) Definition of Upper Delaware and Tributaries Watershed Plan.--
In this section, the term ``Upper Delaware and Tributaries Watershed 
Plan'' means the plan described in the document entitled ``Watershed 
Plan and Environmental Impact Statement Upper Delaware and Tributaries 
Watershed Atchison, Brown, Jackson, and Nemaha Counties, Kansas'', 
dated January 1994, and supplemented in June 1994--
            (1) developed, pursuant to the Watershed Protection and 
        Flood Prevention Act (16 U.S.C. 1001 et seq.)--
                    (A) by the Kickapoo Tribe, certain watershed and 
                conservation districts in the State of Kansas, and the 
                Department of Wildlife and Parks of the State of 
                Kansas; and
                    (B) with the cooperation and technical assistance 
                of the Natural Resources Conservation Service; and
            (2) described in the report of the Committee on Environment 
        and Public Works of the Senate (Senate Report 105-13; April 22, 
        1997).
    (b) Study; Recommendations.--To support the purposes of achieving a 
fair, equitable, and final settlement of claims to water rights for the 
Kickapoo Tribe in the State of Kansas, the Secretary of Agriculture 
(acting through the Chief of the Natural Resources Conservation 
Service), in consultation with the Secretary of the Interior (acting 
through the Director of the Secretary's Indian Water Rights Office), 
shall--
            (1) commence a study of the multipurpose dam described in 
        the Upper Delaware and Tributaries Watershed Plan; and
            (2) not later than 2 years after the date of enactment of 
        this Act, make recommendations to Congress with respect to the 
        material alterations or changes to the Upper Delaware and 
        Tributaries Watershed Plan that are necessary to effectuate, in 
        part, the Tribal water rights agreed to by the Kickapoo Tribe 
        and the State of Kansas on September 9, 2016, in the Kickapoo 
        Tribe Water Rights Settlement Agreement, which otherwise 
        remains subject to approval and authorization by Congress.

SEC. 4. NAVAJO-UTAH WATER RIGHTS SETTLEMENT.

    (a) Purposes.--The purposes of this section are--
            (1) to achieve a fair, equitable, and final settlement of 
        all claims to water rights in the State of Utah for--
                    (A) the Navajo Nation; and
                    (B) the United States, for the benefit of the 
                Nation;
            (2) to authorize, ratify, and confirm the agreement entered 
        into by the Nation and the State, to the extent that the 
        agreement is consistent with this section;
            (3) to authorize and direct the Secretary--
                    (A) to execute the agreement; and
                    (B) to take any actions necessary to carry out the 
                agreement in accordance with this section; and
            (4) to authorize funds necessary for the implementation of 
        the agreement and this section.
    (b) Definitions.--In this section:
            (1) Agreement.--The term ``agreement'' means--
                    (A) the document entitled ``Navajo Utah Water 
                Rights Settlement Agreement'' dated December 14, 2015, 
                and the exhibits attached thereto; and
                    (B) any amendment or exhibit to the document or 
                exhibits referenced in subparagraph (A) to make the 
                document or exhibits consistent with this section.
            (2) Allotment.--The term ``allotment'' means a parcel of 
        land--
                    (A) granted out of the public domain that is--
                            (i) located within the exterior boundaries 
                        of the Reservation; or
                            (ii) Bureau of Indian Affairs parcel number 
                        792 634511 in San Juan County, Utah, consisting 
                        of 160 acres located in Township 41S, Range 
                        20E, sections 11, 12, and 14, originally set 
                        aside by the United States for the benefit of 
                        an individual identified in the allotting 
                        document as a Navajo Indian; and
                    (B) held in trust by the United States--
                            (i) for the benefit of an individual, 
                        individuals, or an Indian Tribe other than the 
                        Navajo Nation; or
                            (ii) in part for the benefit of the Navajo 
                        Nation as of the enforceability date.
            (3) Allottee.--The term ``allottee'' means an individual or 
        Indian Tribe with a beneficial interest in an allotment held in 
        trust by the United States.
            (4) Enforceability date.--The term ``enforceability date'' 
        means the date on which the Secretary publishes in the Federal 
        Register the statement of findings described in subsection 
        (g)(1).
            (5) General stream adjudication.--The term ``general stream 
        adjudication'' means the adjudication pending, as of the date 
        of enactment of this Act, in the Seventh Judicial District in 
        and for Grand County, State of Utah, commonly known as the 
        ``Southeastern Colorado River General Adjudication'', Civil No. 
        810704477, conducted pursuant to State law.
            (6) Injury to water rights.--The term ``injury to water 
        rights'' means an interference with, diminution of, or 
        deprivation of water rights under Federal or State law, 
        excluding injuries to water quality.
            (7) Member.--The term ``member'' means any person who is a 
        duly enrolled member of the Navajo Nation.
            (8) Navajo nation or nation.--The term ``Navajo Nation'' or 
        ``Nation'' means a body politic and federally recognized Indian 
        nation, as published on the list established under section 
        104(a) of the Federally Recognized Indian Tribe List Act of 
        1994 (25 U.S.C. 5131(a)), also known variously as the ``Navajo 
        Nation'', the ``Navajo Nation of Arizona, New Mexico, & Utah'', 
        and the ``Navajo Nation of Indians'' and other similar names, 
        and includes all bands of Navajo Indians and chapters of the 
        Navajo Nation and all divisions, agencies, officers, and agents 
        thereof.
            (9) Navajo water development projects.--The term ``Navajo 
        water development projects'' means projects for domestic 
        municipal water supply, including distribution infrastructure, 
        and agricultural water conservation, to be constructed, in 
        whole or in part, using monies from the Navajo Water 
        Development Projects Account.
            (10) Navajo water rights.--The term ``Navajo water rights'' 
        means the Nation's water rights in Utah described in the 
        agreement and this section.
            (11) OM&R.--The term ``OM&R'' means operation, maintenance, 
        and replacement.
            (12) Parties.--The term ``parties'' means the Navajo 
        Nation, the State, and the United States.
            (13) Reservation.--The term ``Reservation'' means, for 
        purposes of the agreement and this section, the Reservation of 
        the Navajo Nation in Utah as in existence on the date of 
        enactment of this Act and depicted on the map attached to the 
        agreement as Exhibit A, including any parcel of land granted 
        out of the public domain and held in trust by the United States 
        entirely for the benefit of the Navajo Nation as of the 
        enforceability date.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior or a duly authorized representative thereof.
            (15) State.--The term ``State'' means the State of Utah and 
        all officers, agents, departments, and political subdivisions 
        thereof.
            (16) United states.--The term ``United States'' means the 
        United States of America and all departments, agencies, 
        bureaus, officers, and agents thereof.
            (17) United states acting in its trust capacity.--The term 
        ``United States acting in its trust capacity'' means the United 
        States acting for the benefit of the Navajo Nation or for the 
        benefit of allottees.
    (c) Ratification of Agreement.--
            (1) Approval by congress.--Except to the extent that any 
        provision of the agreement conflicts with this section, 
        Congress approves, ratifies, and confirms the agreement 
        (including any amendments to the agreement that are executed to 
        make the agreement consistent with this section).
            (2) Execution by secretary.--The Secretary is authorized 
        and directed to promptly execute the agreement to the extent 
        that the agreement does not conflict with this section, 
        including--
                    (A) any exhibits to the agreement requiring the 
                signature of the Secretary; and
                    (B) any amendments to the agreement necessary to 
                make the agreement consistent with this section.
            (3) Environmental compliance.--
                    (A) In general.--In implementing the agreement and 
                this section, the Secretary shall comply with all 
                applicable provisions of--
                            (i) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.);
                            (ii) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                            (iii) all other applicable environmental 
                        laws and regulations.
                    (B) Execution of the agreement.--Execution of the 
                agreement by the Secretary as provided for in this 
                section shall not constitute a major Federal action 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
    (d) Navajo Water Rights.--
            (1) Confirmation of navajo water rights.--
                    (A) Quantification.--The Navajo Nation shall have 
                the right to use water from water sources located 
                within Utah and adjacent to or encompassed within the 
                boundaries of the Reservation resulting in depletions 
                not to exceed 81,500 acre-feet annually as described in 
                the agreement and as confirmed in the decree entered by 
                the general stream adjudication court.
                    (B) Satisfaction of allottee rights.--Depletions 
                resulting from the use of water on an allotment shall 
                be accounted for as a depletion by the Navajo Nation 
                for purposes of depletion accounting under the 
                agreement, including recognition of--
                            (i) any water use existing on an allotment 
                        as of the date of enactment of this Act and as 
                        subsequently reflected in the hydrographic 
                        survey report referenced in subsection (f)(2);
                            (ii) reasonable domestic and stock water 
                        uses put into use on an allotment; and
                            (iii) any allotment water rights that may 
                        be decreed in the general stream adjudication 
                        or other appropriate forum.
                    (C) Satisfaction of on-reservation state law-based 
                water rights.--Depletions resulting from the use of 
                water on the Reservation pursuant to State law-based 
                water rights existing as of the date of enactment of 
                this Act shall be accounted for as depletions by the 
                Navajo Nation for purposes of depletion accounting 
                under the agreement.
                    (D) In general.--The Navajo water rights are 
                ratified, confirmed, and declared to be valid.
                    (E) Use.--Any use of the Navajo water rights shall 
                be subject to the terms and conditions of the agreement 
                and this section.
                    (F) Conflict.--In the event of a conflict between 
                the agreement and this section, the provisions of this 
                section shall control.
            (2) Trust status of navajo water rights.--The Navajo water 
        rights--
                    (A) shall be held in trust by the United States for 
                the use and benefit of the Nation in accordance with 
                the agreement and this section; and
                    (B) shall not be subject to forfeiture or 
                abandonment.
            (3) Authority of the nation.--
                    (A) In general.--The Nation shall have the 
                authority to allocate, distribute, and lease the Navajo 
                water rights for any use on the Reservation in 
                accordance with the agreement, this section, and 
                applicable Tribal and Federal law.
                    (B) Off-reservation use.--The Nation may allocate, 
                distribute, and lease the Navajo water rights for off-
                Reservation use in accordance with the agreement, 
                subject to the approval of the Secretary.
                    (C) Allottee water rights.--The Nation shall not 
                object in the general stream adjudication or other 
                applicable forum to the quantification of reasonable 
                domestic and stock water uses on an allotment, and 
                shall administer any water use on the Reservation in 
                accordance with applicable Federal law, including 
                recognition of--
                            (i) any water use existing on an allotment 
                        as of the date of enactment of this Act and as 
                        subsequently reflected in the hydrographic 
                        survey report referenced in subsection (f)(2);
                            (ii) reasonable domestic and stock water 
                        uses on an allotment; and
                            (iii) any allotment water rights decreed in 
                        the general stream adjudication or other 
                        appropriate forum.
            (4) Effect.--Except as otherwise expressly provided in this 
        subsection, nothing in this section--
                    (A) authorizes any action by the Nation against the 
                United States under Federal, State, Tribal, or local 
                law; or
                    (B) alters or affects the status of any action 
                brought pursuant to section 1491(a) of title 28, United 
                States Code.
    (e) Navajo Trust Accounts.--
            (1) Establishment.--The Secretary shall establish a trust 
        fund, to be known as the ``Navajo Utah Settlement Trust Fund'' 
        (referred to in this section as the ``Trust Fund''), to be 
        managed, invested, and distributed by the Secretary and to 
        remain available until expended, consisting of the amounts 
        deposited in the Trust Fund under paragraph (3), together with 
        any interest earned on those amounts, for the purpose of 
        carrying out this section.
            (2) Accounts.--The Secretary shall establish in the Trust 
        Fund the following Accounts (referred to in this subsection as 
        the ``Trust Fund Accounts''):
                    (A) The Navajo Water Development Projects Account.
                    (B) The Navajo OM&R Account.
            (3) Deposits.--The Secretary shall deposit in the Trust 
        Fund Accounts--
                    (A) in the Navajo Water Development Projects 
                Account, the amounts made available pursuant to 
                subsection (f)(1)(A); and
                    (B) in the Navajo OM&R Account, the amount made 
                available pursuant to subsection (f)(1)(B).
            (4) Management and interest.--
                    (A) Management.--Upon receipt and deposit of the 
                funds into the Trust Fund Accounts, the Secretary shall 
                manage, invest, and distribute all amounts in the Trust 
                Fund in a manner that is consistent with the investment 
                authority of the Secretary under--
                            (i) the first section of the Act of June 
                        24, 1938 (25 U.S.C. 162a);
                            (ii) the American Indian Trust Fund 
                        Management Reform Act of 1994 (25 U.S.C. 4001 
                        et seq.); and
                            (iii) this subsection.
                    (B) Investment earnings.--In addition to the 
                deposits under paragraph (3), any investment earnings, 
                including interest, credited to amounts held in the 
                Trust Fund are authorized to be appropriated to be used 
                in accordance with the uses described in paragraph (8).
            (5) Availability of amounts.--Amounts appropriated to, and 
        deposited in, the Trust Fund, including any investment 
        earnings, shall be made available to the Nation by the 
        Secretary beginning on the enforceability date and subject to 
        the uses and restrictions set forth in this subsection.
            (6) Withdrawals.--
                    (A) Withdrawals under the american indian trust 
                fund management reform act of 1994.--The Nation may 
                withdraw any portion of the funds in the Trust Fund on 
                approval by the Secretary of a tribal management plan 
                submitted by the Nation in accordance with the American 
                Indian Trust Fund Management Reform Act of 1994 (25 
                U.S.C. 4001 et seq.).
                            (i) Requirements.--In addition to the 
                        requirements under the American Indian Trust 
                        Fund Management Reform Act of 1994 (25 U.S.C. 
                        4001 et seq.), the tribal management plan under 
                        this subparagraph shall require that the Nation 
                        shall spend all amounts withdrawn from the 
                        Trust Fund and any investment earnings accrued 
                        through the investments under the Tribal 
                        management plan in accordance with this 
                        section.
                            (ii) Enforcement.--The Secretary may carry 
                        out such judicial and administrative actions as 
                        the Secretary determines to be necessary to 
                        enforce the Tribal management plan to ensure 
                        that amounts withdrawn by the Nation from the 
                        Trust Fund under this subparagraph are used in 
                        accordance with this section.
                    (B) Withdrawals under expenditure plan.--The Nation 
                may submit to the Secretary a request to withdraw funds 
                from the Trust Fund pursuant to an approved expenditure 
                plan.
                            (i) Requirements.--To be eligible to 
                        withdraw funds under an expenditure plan under 
                        this subparagraph, the Nation shall submit to 
                        the Secretary for approval an expenditure plan 
                        for any portion of the Trust Fund that the 
                        Nation elects to withdraw pursuant to this 
                        subparagraph, subject to the condition that the 
                        funds shall be used for the purposes described 
                        in this section.
                            (ii) Inclusions.--An expenditure plan under 
                        this subparagraph shall include a description 
                        of the manner and purpose for which the amounts 
                        proposed to be withdrawn from the Trust Fund 
                        will be used by the Nation, in accordance with 
                        paragraphs (3) and (8).
                            (iii) Approval.--On receipt of an 
                        expenditure plan under this subparagraph, the 
                        Secretary shall approve the plan, if the 
                        Secretary determines that the plan--
                                    (I) is reasonable;
                                    (II) is consistent with, and will 
                                be used for, the purposes of this 
                                section; and
                                    (III) contains a schedule which 
                                describes that tasks will be completed 
                                within 18 months of receipt of 
                                withdrawn amounts.
                            (iv) Enforcement.--The Secretary may carry 
                        out such judicial and administrative actions as 
                        the Secretary determines to be necessary to 
                        enforce an expenditure plan to ensure that 
                        amounts disbursed under this subparagraph are 
                        used in accordance with this section.
            (7) Effect of title.--Nothing in this section gives the 
        Nation the right to judicial review of a determination of the 
        Secretary regarding whether to approve a Tribal management plan 
        or an expenditure plan except under subchapter II of chapter 5, 
        and chapter 7, of title 5, United States Code (commonly known 
        as the ``Administrative Procedure Act'').
            (8) Uses.--Amounts from the Trust Fund shall be used by the 
        Nation for the following purposes:
                    (A) The Navajo Water Development Projects Account 
                shall be used to plan, design, and construct the Navajo 
                water development projects and for the conduct of 
                related activities, including to comply with Federal 
                environmental laws.
                    (B) The Navajo OM&R Account shall be used for the 
                operation, maintenance, and replacement of the Navajo 
                water development projects.
            (9) Liability.--The Secretary and the Secretary of the 
        Treasury shall not be liable for the expenditure or investment 
        of any amounts withdrawn from the Trust Fund by the Nation 
        under paragraph (6).
            (10) No per capita distributions.--No portion of the Trust 
        Fund shall be distributed on a per capita basis to any member 
        of the Nation.
            (11) Expenditure reports.--The Navajo Nation shall submit 
        to the Secretary annually an expenditure report describing 
        accomplishments and amounts spent from use of withdrawals under 
        a Tribal management plan or an expenditure plan as described in 
        this section.
    (f) Authorization of Appropriations.--
            (1) Authorization.--There are authorized to be appropriated 
        to the Secretary--
                    (A) for deposit in the Navajo Water Development 
                Projects Account of the Trust Fund established under 
                subsection (e)(2)(A), $198,300,000, which funds shall 
                be retained until expended, withdrawn, or reverted to 
                the general fund of the Treasury; and
                    (B) for deposit in the Navajo OM&R Account of the 
                Trust Fund established under subsection (e)(2)(B), 
                $11,100,000, which funds shall be retained until 
                expended, withdrawn, or reverted to the general fund of 
                the Treasury.
            (2) Implementation costs.--There is authorized to be 
        appropriated non-trust funds in the amount of $1,000,000 to 
        assist the United States with costs associated with the 
        implementation of this section, including the preparation of a 
        hydrographic survey of historic and existing water uses on the 
        Reservation and on allotments.
            (3) State cost share.--The State shall contribute 
        $8,000,000 payable to the Secretary for deposit into the Navajo 
        Water Development Projects Account of the Trust Fund 
        established under subsection (e)(2)(A) in installments in each 
        of the 3 years following the execution of the agreement by the 
        Secretary as provided for in subsection (c)(2).
            (4) Fluctuation in costs.--The amount authorized to be 
        appropriated under paragraph (1) shall be increased or 
        decreased, as appropriate, by such amounts as may be justified 
        by reason of ordinary fluctuations in costs occurring after the 
        date of enactment of this Act as indicated by the Bureau of 
        Reclamation Construction Cost Index--Composite Trend.
                    (A) Repetition.--The adjustment process under this 
                paragraph shall be repeated for each subsequent amount 
                appropriated until the amount authorized, as adjusted, 
                has been appropriated.
                    (B) Period of indexing.--The period of indexing 
                adjustment for any increment of funding shall end on 
                the date on which funds are deposited into the Trust 
                Fund.
    (g) Conditions Precedent.--
            (1) In general.--The waivers and releases contained in 
        subsection (h) shall become effective as of the date the 
        Secretary causes to be published in the Federal Register a 
        statement of findings that--
                    (A) to the extent that the agreement conflicts with 
                this section, the agreement has been revised to conform 
                with this section;
                    (B) the agreement, so revised, including waivers 
                and releases of claims set forth in subsection (h), has 
                been executed by the parties, including the United 
                States;
                    (C) Congress has fully appropriated, or the 
                Secretary has provided from other authorized sources, 
                all funds authorized under subsection (f)(1);
                    (D) the State has enacted any necessary legislation 
                and provided the funding required under the agreement 
                and subsection (f)(3); and
                    (E) the court has entered a final or interlocutory 
                decree that--
                            (i) confirms the Navajo water rights 
                        consistent with the agreement and this section; 
                        and
                            (ii) with respect to the Navajo water 
                        rights, is final and nonappealable.
            (2) Expiration date.--If all the conditions precedent 
        described in paragraph (1) have not been fulfilled to allow the 
        Secretary's statement of findings to be published in the 
        Federal Register by October 31, 2030--
                    (A) the agreement and this section, including 
                waivers and releases of claims described in those 
                documents, shall no longer be effective;
                    (B) any funds that have been appropriated pursuant 
                to subsection (f) but not expended, including any 
                investment earnings on funds that have been 
                appropriated pursuant to such subsection, shall 
                immediately revert to the general fund of the Treasury; 
                and
                    (C) any funds contributed by the State pursuant to 
                subsection (f)(3) but not expended shall be returned 
                immediately to the State.
            (3) Extension.--The expiration date set forth in paragraph 
        (2) may be extended if the Navajo Nation, the State, and the 
        United States (acting through the Secretary) agree that an 
        extension is reasonably necessary.
    (h) Waivers and Releases.--
            (1) In general.--
                    (A) Waiver and release of claims by the nation and 
                the united states acting in its capacity as trustee for 
                the nation.--Subject to the retention of rights set 
                forth in paragraph (3), in return for confirmation of 
                the Navajo water rights and other benefits set forth in 
                the agreement and this section, the Nation, on behalf 
                of itself and the members of the Nation (other than 
                members in their capacity as allottees), and the United 
                States, acting as trustee for the Nation and members of 
                the Nation (other than members in their capacity as 
                allottees), are authorized and directed to execute a 
                waiver and release of--
                            (i) all claims for water rights within Utah 
                        based on any and all legal theories that the 
                        Navajo Nation or the United States acting in 
                        its trust capacity for the Nation, asserted, or 
                        could have asserted, at any time in any 
                        proceeding, including to the general stream 
                        adjudication, up to and including the 
                        enforceability date, except to the extent that 
                        such rights are recognized in the agreement and 
                        this section; and
                            (ii) all claims for damages, losses, or 
                        injuries to water rights or claims of 
                        interference with, diversion, or taking of 
                        water rights (including claims for injury to 
                        lands resulting from such damages, losses, 
                        injuries, interference with, diversion, or 
                        taking of water rights) within Utah against the 
                        State, or any person, entity, corporation, or 
                        municipality, that accrued at any time up to 
                        and including the enforceability date.
            (2) Claims by the navajo nation against the united 
        states.--The Navajo Nation, on behalf of itself (including in 
        its capacity as allottee) and its members (other than members 
        in their capacity as allottees), shall execute a waiver and 
        release of--
                    (A) all claims the Navajo Nation may have against 
                the United States relating in any manner to claims for 
                water rights in, or water of, Utah that the United 
                States acting in its trust capacity for the Nation 
                asserted, or could have asserted, in any proceeding, 
                including the general stream adjudication;
                    (B) all claims the Navajo Nation may have against 
                the United States relating in any manner to damages, 
                losses, or injuries to water, water rights, land, or 
                other resources due to loss of water or water rights 
                (including damages, losses, or injuries to hunting, 
                fishing, gathering, or cultural rights due to loss of 
                water or water rights; claims relating to interference 
                with, diversion, or taking of water; or claims relating 
                to failure to protect, acquire, replace, or develop 
                water or water rights) within Utah that first accrued 
                at any time up to and including the enforceability 
                date;
                    (C) all claims the Nation may have against the 
                United States relating in any manner to the litigation 
                of claims relating to the Nation's water rights in 
                proceedings in Utah; and
                    (D) all claims the Nation may have against the 
                United States relating in any manner to the 
                negotiation, execution, or adoption of the agreement or 
                this section.
            (3) Reservation of rights and retention of claims by the 
        navajo nation and the united states.--Notwithstanding the 
        waivers and releases authorized in this section, the Navajo 
        Nation, and the United States acting in its trust capacity for 
        the Nation, retain--
                    (A) all claims for injuries to and the enforcement 
                of the agreement and the final or interlocutory decree 
                entered in the general stream adjudication, through 
                such legal and equitable remedies as may be available 
                in the decree court or the Federal District Court for 
                the District of Utah;
                    (B) all rights to use and protect water rights 
                acquired after the enforceability date;
                    (C) all claims relating to activities affecting the 
                quality of water, including any claims under the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9601 et seq.) 
                (including claims for damages to natural resources), 
                the Safe Drinking Water Act (42 U.S.C. 300f et seq.), 
                and the Federal Water Pollution Control Act (33 U.S.C. 
                1251 et seq.), the regulations implementing those Acts, 
                and the common law;
                    (D) all claims for water rights, and claims for 
                injury to water rights, in States other than the State 
                of Utah;
                    (E) all claims, including environmental claims, 
                under any laws (including regulations and common law) 
                relating to human health, safety, or the environment; 
                and
                    (F) all rights, remedies, privileges, immunities, 
                and powers not specifically waived and released 
                pursuant to the agreement and this section.
            (4) Effect.--Nothing in the agreement or this section--
                    (A) affects the ability of the United States acting 
                in its sovereign capacity to take actions authorized by 
                law, including any laws relating to health, safety, or 
                the environment, including the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601 et seq.), the Safe Drinking 
                Water Act (42 U.S.C. 300f et seq.), the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.), the 
                Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), and 
                the regulations implementing those laws;
                    (B) affects the ability of the United States to 
                take actions in its capacity as trustee for any other 
                Indian Tribe or allottee;
                    (C) confers jurisdiction on any State court to--
                            (i) interpret Federal law regarding health, 
                        safety, or the environment or determine the 
                        duties of the United States or other parties 
                        pursuant to such Federal law; and
                            (ii) conduct judicial review of Federal 
                        agency action; or
                    (D) modifies, conflicts with, preempts, or 
                otherwise affects--
                            (i) the Boulder Canyon Project Act (43 
                        U.S.C. 617 et seq.);
                            (ii) the Boulder Canyon Project Adjustment 
                        Act (43 U.S.C. 618 et seq.);
                            (iii) the Act of April 11, 1956 (commonly 
                        known as the ``Colorado River Storage Project 
                        Act'') (43 U.S.C. 620 et seq.);
                            (iv) the Colorado River Basin Project Act 
                        (43 U.S.C. 1501 et seq.);
                            (v) the Treaty between the United States of 
                        America and Mexico respecting utilization of 
                        waters of the Colorado and Tijuana Rivers and 
                        of the Rio Grande, signed at Washington 
                        February 3, 1944 (59 Stat. 1219);
                            (vi) the Colorado River Compact of 1922, as 
                        approved by the Presidential Proclamation of 
                        June 25, 1929 (46 Stat. 3000); and
                            (vii) the Upper Colorado River Basin 
                        Compact as consented to by the Act of April 6, 
                        1949 (63 Stat. 31, chapter 48).
            (5) Tolling of claims.--
                    (A) In general.--Each applicable period of 
                limitation and time-based equitable defense relating to 
                a claim waived by the Navajo Nation described in this 
                subsection shall be tolled for the period beginning on 
                the date of enactment of this Act and ending on the 
                enforceability date.
                    (B) Effect of paragraph.--Nothing in this paragraph 
                revives any claim or tolls any period of limitation or 
                time-based equitable defense that expired before the 
                date of enactment of this Act.
                    (C) Limitation.--Nothing in this subsection 
                precludes the tolling of any period of limitations or 
                any time-based equitable defense under any other 
                applicable law.
    (i) Miscellaneous Provisions.--
            (1) Precedent.--Nothing in this section establishes any 
        standard for the quantification or litigation of Federal 
        reserved water rights or any other Indian water claims of any 
        other Indian Tribe in any other judicial or administrative 
        proceeding.
            (2) Other indian tribes.--Nothing in the agreement or this 
        section shall be construed in any way to quantify or otherwise 
        adversely affect the water rights, claims, or entitlements to 
        water of any Indian Tribe, band, or community, other than the 
        Navajo Nation.
    (j) Relation to Allottees.--
            (1) No effect on claims of allottees.--Nothing in this 
        section or the agreement shall affect the rights or claims of 
        allottees, or the United States, acting in its capacity as 
        trustee for or on behalf of allottees, for water rights or 
        damages related to lands allotted by the United States to 
        allottees, except as provided in subsection (d)(1)(B).
            (2) Relationship of decree to allottees.--Allottees, or the 
        United States, acting in its capacity as trustee for allottees, 
        are not bound by any decree entered in the general stream 
        adjudication confirming the Navajo water rights and shall not 
        be precluded from making claims to water rights in the general 
        stream adjudication. Allottees, or the United States, acting in 
        its capacity as trustee for allottees, may make claims and such 
        claims may be adjudicated as individual water rights in the 
        general stream adjudication.
    (k) Antideficiency.--The United States shall not be liable for any 
failure to carry out any obligation or activity authorized by this 
section (including any obligation or activity under the agreement) if 
adequate appropriations are not provided expressly by Congress to carry 
out the purposes of this section.

SEC. 5. SHARING ARRANGEMENTS WITH FEDERAL AGENCIES.

    Section 405 of the Indian Health Care Improvement Act (25 U.S.C. 
1645) is amended--
            (1) in subsection (a)(1), by inserting ``urban Indian 
        organizations,'' before ``and tribal organizations''; and
            (2) in subsection (c)--
                    (A) by inserting ``urban Indian organization,'' 
                before ``or tribal organization''; and
                    (B) by inserting ``an urban Indian organization,'' 
                before ``or a tribal organization''.

SEC. 6. AMENDMENT TO THE INDIAN HEALTH CARE IMPROVEMENT ACT.

    Section 409 of the Indian Health Care Improvement Act (25 U.S.C. 
1647b) is amended by inserting ``or the Tribally Controlled Schools Act 
of 1988 (25 U.S.C. 2501 et seq.)'' after ``(25 U.S.C. 450 et seq.)''.

            Passed the Senate June 4, 2020.

            Attest:

                                                             Secretary.
116th CONGRESS

  2d Session

                                 S. 886

_______________________________________________________________________

                                 AN ACT

  To amend the Omnibus Public Land Management Act of 2009 to make the 
             Reclamation Water Settlements Fund permanent.