[Congressional Record Volume 166, Number 104 (Thursday, June 4, 2020)]
[Senate]
[Pages S2738-S2742]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1591. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 35, to amend title 18, United States Code, to 
specify lynching as a deprivation of civil rights, and for other 
purposes; which was ordered to lie on the table; as follows:

       (a) Offense.--Chapter 13 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 250. Lynching

       ``(a) In General.--
       ``(1) Offenses involving actual or perceived race, color, 
     religion, or national origin.--Whoever, whether or not acting 
     under color of law, willfully conspires with another person 
     to cause serious bodily injury to any person or, through the 
     use of fire, a firearm, a dangerous weapon, or an explosive 
     or incendiary device, attempt to cause serious bodily injury 
     to any person, because of the actual or perceived race, 
     color, religion, or national origin of any person--
       ``(A) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(B) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--
       ``(i) death results from the offense; or
       ``(ii) the offense includes kidnapping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.
       ``(2) Offenses involving actual or perceived religion, 
     national origin, gender, sexual orientation, gender identity, 
     or disability.--
       ``(A) In general.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subparagraph 
     (B) or paragraph (3), willfully conspires with another person 
     to cause serious bodily injury to any person or, through the 
     use of fire, a firearm, a dangerous weapon, or an explosive 
     or incendiary device, attempt to cause serious bodily injury 
     to any person, because of the actual or perceived religion, 
     national origin, gender, sexual orientation, gender identity, 
     or disability of any person--
       ``(i) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(ii) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--

       ``(I) death results from the offense; or
       ``(II) the offense includes kidnapping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.

       ``(B) Circumstances described.--For purposes of 
     subparagraph (A), the circumstances described in this 
     subparagraph are that--
       ``(i) the conduct described in subparagraph (A) occurs 
     during the course of, or as the result of, the travel of the 
     defendant or the victim--

       ``(I) across a State line or national border; or
       ``(II) using a channel, facility, or instrumentality of 
     interstate or foreign commerce;

       ``(ii) the defendant uses a channel, facility, or 
     instrumentality of interstate or foreign commerce in 
     connection with the conduct described in subparagraph (A);
       ``(iii) in connection with the conduct described in 
     subparagraph (A), the defendant employs a firearm, dangerous 
     weapon, explosive or incendiary device, or other weapon that 
     has traveled in interstate or foreign commerce; or
       ``(iv) the conduct described in subparagraph (A)--

       ``(I) interferes with commercial or other economic activity 
     in which the victim is engaged at the time of the conduct; or
       ``(II) otherwise affects interstate or foreign commerce.

       ``(3) Offenses occurring in the special maritime or 
     territorial jurisdiction of the united states.--Whoever, 
     within the special maritime or territorial jurisdiction of 
     the United States, engages in conduct described in paragraph 
     (1) or in paragraph (2)(A) (without regard to whether that 
     conduct occurred in a circumstance described in paragraph 
     (2)(B)) shall be subject to the same penalties as prescribed 
     in those paragraphs.
       ``(4) Guidelines.--All prosecutions conducted by the United 
     States under this section shall be undertaken pursuant to 
     guidelines issued by the Attorney General, or the designee of 
     the Attorney General, to be included in the United States 
     Attorneys' Manual that shall establish neutral and objective 
     criteria for determining whether a crime was committed 
     because of the actual or perceived status of any person.
       ``(b) Certification Requirement.--
       ``(1) In general.--No prosecution of any offense described 
     in this subsection may be undertaken by the United States, 
     except under the certification in writing of the Attorney 
     General, or a designee, that--
       ``(A) the State does not have jurisdiction;
       ``(B) the State has requested that the Federal Government 
     assume jurisdiction;
       ``(C) the verdict or sentence obtained pursuant to State 
     charges left demonstratively unvindicated the Federal 
     interest in eradicating bias-motivated violence; or
       ``(D) a prosecution by the United States is in the public 
     interest and necessary to secure substantial justice.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed to limit the authority of Federal 
     officers, or a Federal grand jury, to investigate possible 
     violations of this section.
       ``(c) Definitions.--In this section--
       ``(1) the term `explosive or incendiary device' has the 
     meaning given such term in section 232 of this title;
       ``(2) the term `firearm' has the meaning given such term in 
     section 921(a) of this title;
       ``(3) the term `gender identity' means actual or perceived 
     gender-related characteristics;
       ``(4) the term `serious bodily injury' has the meaning 
     given such term in section 1365(h)(3) of this title; and
       ``(5) the term `State' includes the District of Columbia, 
     Puerto Rico, and any other territory or possession of the 
     United States.
       ``(d) Statute of Limitations.--
       ``(1) Offenses not resulting in death.--Except as provided 
     in paragraph (2), no person shall be prosecuted, tried, or 
     punished for any offense under this section unless the 
     indictment for such offense is found, or the information for 
     such offense is instituted, not later than 7 years after the 
     date on which the offense was committed.
       ``(2) Death resulting offenses.--An indictment or 
     information alleging that an offense under this section 
     resulted in death may be found or instituted at any time 
     without limitation.''.
       (b) Table of Sections Amendment.--The table of sections for 
     chapter 13 of title 18, United States Code, is amended by 
     inserting after the item relating to section 249 the 
     following:

``250. Lynching.''.
                                 ______
                                 
  SA 1592. Mr. McCONNELL (for Mr. Udall (for himself, Mr. Moran, and 
Mr. Romney)) proposed an amendment to the bill S. 886, to amend the 
Omnibus Public Land Management Act of 2009 to make the Reclamation 
Water Settlements Fund permanent; as follows:

        Strike all after the enacting clause and insert the 
     following:

     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

[[Page S2739]]

     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

[[Page S2740]]

     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.

[[Page S2741]]

       (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

[[Page S2742]]

     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.)''.

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