[Congressional Record Volume 166, Number 120 (Tuesday, June 30, 2020)]
[Senate]
[Pages S4078-S4079]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2387. Mr. UDALL submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ____. INDIAN WATER RIGHTS SETTLEMENT EXTENSION.

       Section 10501 of the Omnibus Public Land Management Act of 
     2009 (43 U.S.C. 407) is amended--
       (1) in subsection (b)(1), by inserting ``and for each of 
     fiscal years 2031 through 2040'' after ``fiscal years 2020 
     through 2029'';
       (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 
     2031 through 2045, the Secretary may expend from the Fund an 
     amount not to exceed $120,000,000, plus the interest accrued 
     in the Fund, for the fiscal year in which expenditures are 
     made pursuant to paragraph (2).

[[Page S4079]]

       ``(ii) Limitation.--Of the amount described in clause 
     (i)(II) for each of fiscal years 2031 through 2045, 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), 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'';
       (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, 2045''.
                                 ______