[Congressional Record Volume 166, Number 104 (Thursday, June 4, 2020)]
[Senate]
[Pages S2743-S2745]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              INDIAN WATER RIGHTS SETTLEMENT EXTENSION ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 397, S. 886.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 886) to amend the Omnibus Public Land Management 
     Act of 2009 to make the Reclamation Water Settlements Fund 
     permanent.

  The PRESIDING OFFICER. Is there objection to proceeding to the 
measure?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Indian Affairs, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following

                                 S. 886

       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. RECLAMATION WATER SETTLEMENTS FUND.

       Section 10501 of the Omnibus Public Land Management Act of 
     2009 (43 U.S.C. 407) is amended--
       (1) in subsection (b)(1), by striking ``fiscal years 2020 
     through 2029'' and inserting ``fiscal years 2020 through 
     2039'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) Expenditures.--
       ``(i) In general.--Subject to subparagraph (B)--

       ``(I) for each of fiscal years 2020 through 2029, the 
     Secretary may expend from the Fund an amount not to exceed 
     $120,000,000, plus the interest accrued from the Fund, for 
     the fiscal year in which expenditures are made pursuant to 
     paragraphs (2) and (3); and
       ``(II) subject to clause (ii), for each of fiscal years 
     2030 through 2044, the Secretary may expend from the Fund an 
     amount not to exceed

[[Page S2744]]

     $120,000,000, plus the interest accrued in the Fund, for the 
     fiscal year in which expenditures are made pursuant to 
     paragraph (2).

       ``(ii) Limitation.--Of the amount described in clause 
     (i)(II) for each of fiscal years 2030 through 2044, the 
     Secretary may expend an amount not to exceed $90,000,000 for 
     an individual Indian water rights settlement, unless the 
     Secretary determines that an expenditure of more than 
     $90,000,000 would not adversely affect the funding of the 
     implementation of other congressionally approved settlement 
     agreements.'';
       (B) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``litigation involving the United States, if 
     the settlement agreement or implementing legislation requires 
     the Bureau of Reclamation'' and inserting ``claims concerning 
     Indian water resources, if the settlement agreement or 
     implementing legislation authorizes the Secretary''; and
       (C) in paragraph (3)--
       (i) in subparagraph (A)--

       (I) in clause (i)--

       (aa) in subclause (I), by striking ``the entire period in 
     which the Fund is in existence'' and inserting ``the period 
     of fiscal years 2020 through 2029''; and
       (bb) in subclause (II), by inserting ``during the period of 
     fiscal years 2020 through 2029'' after ``into the Fund''; and

       (II) in clause (ii), by inserting ``or are deposited into 
     the Fund after fiscal year 2029'' after ``subparagraph (B)'';

       (ii) in subparagraph (B)--

       (I) in clauses (i)(II)(bb), (iii)(II)(bb), and 
     (iv)(II)(bb), by striking ``the entire period in which the 
     Fund is in existence'' each place it appears and inserting 
     ``the period of fiscal years 2020 through 2029''; and
       (II) in clause (iv)(I)--

       (aa) by striking the period at the end and inserting ``; 
     and'';
       (bb) by striking ``through annual appropriations, the 
     Secretary'' shall and inserting the following: ``through 
     annual appropriations--
       ``(aa) the Secretary''; and
       (cc) by adding at the end the following:
       ``(bb) if the Indian water rights settlement agreement 
     described in item (aa) has not been approved and authorized 
     by an Act of Congress by December 31, 2021--
       ``(AA) the amount shall no longer be reserved for that 
     settlement under subparagraph (A)(i)(II); and
       ``(BB) the Secretary shall deposit the amount that would 
     have otherwise been reserved under subparagraph (A)(i)(II) 
     for the Indian water rights settlement agreement into the 
     Lower Colorado River Basin Development Fund established under 
     section 403(a) of the Colorado River Basin Project Act (43 
     U.S.C. 1543(a)), with 65 percent of that amount in each 
     fiscal year deposited into the Future Indian Water Settlement 
     Subaccount of that Fund.'';
       (iii) in subparagraph (C)--

       (I) by striking ``December 31, 2019'' and inserting 
     ``December 31, 2021''; and
       (II) by striking ``for any authorized use'' and inserting 
     ``for any use authorized under paragraph (2)''; and

       (iv) by adding at the end the following:
       ``(D) Sufficiency of funds.--The Secretary may use amounts 
     in the Fund in a fiscal year for multiple settlements under 
     subparagraph (B), without regard to the priorities described 
     in clauses (ii) through (iv) of subparagraph (B), to ensure 
     that sufficient funds are available to meet the 
     enforceability date or substantial completion date of a 
     settlement.''; and
       (3) in subsection (f), by striking ``September 30, 2034'' 
     and inserting ``September 30, 2044''.

     SEC. 3. AMENDMENTS TO AAMODT LITIGATION SETTLEMENT ACT.

       (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)(B) of the Aamodt Litigation Settlement Act (Public 
     Law 111-291; 124 Stat. 3147) is amended--
       (1) by striking ``$50,000,000'' and inserting 
     ``$187,000,000''; and
       (2) by striking ``2024'' and inserting ``2028''.
       (e) Adjustment.--Section 617(a)(4) of the Aamodt Litigation 
     Settlement Act (Public Law 111-291; 124 Stat. 3147) is 
     amended by striking ``since October 1, 2006, as determined 
     using applicable engineering cost indices'' and inserting 
     ``pursuant to section 611(f)(1)(B)''.
       (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. 4. 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

[[Page S2745]]

       (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.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported substitute be withdrawn; that the Udall amendment at 
the desk be agreed to; and that the bill, as amended, be considered 
read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 1592) in the nature of a substitute was agreed to 
as follows:
  (Purpose: In the nature of a substitute.)
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. McCONNELL. Mr. President, I know of no further debate on the 
bill, as amended.
  The PRESIDING OFFICER. Is there further debate on the bill, as 
amended?
  The bill having been read the third time, the question is, Shall the 
bill pass?
  The bill (S. 886), as amended, was passed.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the motion 
to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________