[Congressional Record Volume 169, Number 150 (Monday, September 18, 2023)]
[Senate]
[Pages S4558-S4561]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1227. Mr. LUJAN (for himself and Mr. Heinrich) submitted an
amendment intended to be proposed to amendment SA 1092 proposed by Mrs.
Murray (for herself and Ms. Collins) to the bill H.R. 4366, making
appropriations for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2024, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of the amendment, add the following:
DIVISION D--NAVAJO-GALLUP WATER SUPPLY PROJECT AMENDMENTS ACT OF 2023
SEC. 101. SHORT TITLE.
This division may be cited as the ``Navajo-Gallup Water
Supply Project Amendments Act of 2023''.
SEC. 102. DEFINITIONS.
Section 10302 of the Northwestern New Mexico Rural Water
Projects Act (43 U.S.C. 407 note; Public Law 111-11) is
amended--
(1) by striking paragraph (29);
(2) by redesignating paragraphs (12), (13), (14), (15),
(16), (17), (18), (19), (20), (21), (22), (23), (24), (25),
(26), (27), (28), and (30) as paragraphs (13), (14), (15),
(16), (17), (18), (19), (20), (21), (22), (23), (24), (25),
(27), (28), (30), (31), and (32), respectively;
(3) by inserting after paragraph (11) the following:
``(12) Deferred construction fund.--The term `Deferred
Construction Fund' means the Navajo Nation's Navajo-Gallup
Water Supply Project Deferred Construction Fund established
by section 10602(i)(1)(A).'';
(4) in paragraph (14) (as so redesignated)--
(A) in the paragraph heading, by striking ``Draft'' and
inserting ``Final environmental'';
(B) by striking ``Draft Impact'' and inserting ``Final
Environmental'';
(C) by striking ``draft environmental'' and inserting
``final environmental''; and
(D) by striking ``March 2007'' and inserting ``July 6,
2009'';
(5) in paragraph (19) (as so redesignated), by striking
``Draft'' and inserting ``Final Environmental'';
(6) by inserting after paragraph (25) (as so redesignated)
the following:
``(26) Project service area.--The term `Project Service
Area' means the area that encompasses the 43 Nation chapters,
the southwest portion of the Jicarilla Apache Reservation,
and the City that is identified to be served by the Project,
as illustrated in figure IV-5 (Drawing No. 1695-406-49) of
the Final Environmental Impact Statement.'';
(7) by inserting after paragraph (28) (as so redesignated)
the following:
``(29) Settlement trust funds.--The term `Settlement Trust
Funds' means--
``(A) the Navajo Nation Water Resources Development Trust
Fund established by subsection (a)(1) of section 10702;
``(B) the Navajo Nation Operations, Maintenance, and
Replacement Trust Fund established under subsection (b)(1) of
that section; and
``(C) the Jicarilla Apache Nation Operations, Maintenance,
and Replacement Trust Fund established under subsection
(c)(2) of that section.''; and
(8) by adding at the end the following:
``(33) Working cost estimate.--The term `Working Cost
Estimate' means the Bureau of Reclamation document entitled
`NGWSP October 2022 WCE' and dated February 26, 2023, that
details the costs totaling $2,138,387,000, at the October
2022 price level, of the Project, as configured on that
date.''.
SEC. 103. NAVAJO-GALLUP WATER SUPPLY PROJECT.
(a) Authorization of Navajo-Gallup Water Supply Project.--
Section 10602 of the Northwestern New Mexico Rural Water
Projects Act (Public Law 111-11; 123 Stat. 1379) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``In General''
and inserting ``Authorization'';
(B) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'';
(C) in paragraph (1) (as so designated), by striking
``Draft Impact Statement'' and inserting ``Final
Environmental Impact Statement, as further refined in, and
including the facilities identified in, the Working Cost
Estimate and any subsequent supplemental documents prepared
in accordance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).''; and
(D) by adding at the end the following:
``(2) Additional service areas.--
``(A) Findings.--Congress finds that--
``(i) expanding the Project Service Area would create
opportunities to increase service for additional Nation
Tribal members and would not increase the cost of the Project
beyond authorization levels described in section 10609(a);
and
``(ii) the unit operations and maintenance costs of the
Project would be reduced by adding more customers to the
Project.
``(B) Authorizations for additional project service
areas.--
``(i) New mexico.--In addition to delivering water supply
from the Project to the Nation communities in the San Juan
River Basin, the Nation may expand the Project Service Area
in order to deliver water supply from the Project to
communities of the Nation within the Rio San Jose Basin, New
Mexico.
``(ii) Arizona.--In addition to delivering water supply
from the Project to the Nation communities of Fort Defiance
and Window Rock, Arizona, and subject to section 10603(c)(1),
the Nation may expand the Project Service Area in order to
deliver water supply from the Project to the Nation community
of Lupton, Arizona, within the Little Colorado River Basin,
Arizona.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``acquire,'' before ``construct,''; and
(ii) by striking ``Draft Impact Statement'' and inserting
``Final Environmental Impact Statement, as further refined
in, and including the facilities identified in, the Working
Cost Estimate and any subsequent supplemental documents
prepared in accordance with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.)'';
(B) by striking paragraph (1) and inserting the following:
``(1) The water conveyance and storage facilities
associated with the San Juan Generating Station (the coal-
fired, 4-unit electric power plant and ancillary features
located by the San Juan Mine near Waterflow, New Mexico),
including the diversion dam, the intake structure, the river
pumping plant, the pipeline from the river to the reservoir,
the dam and associated reservoir, and any associated land, or
interest in land, or ancillary features.'';
(C) in paragraph (2)(A)--
(i) by striking ``River near Kirtland, New Mexico,'' and
inserting ``Generating Station Reservoir''; and
(ii) by inserting ``generally'' before ``follows United
States Highway 491'';
(D) in paragraph (3)(A), by inserting ``generally'' before
``follows United States Highway 550''; and
(E) in paragraph (5), by inserting ``(including any
reservoir facility)'' after ``treatment facility'';
(3) in subsection (c)--
(A) in the subsection heading, by inserting ``and
Facilities'' after ``Land'';
(B) in paragraph (1), by striking ``any land or interest in
land that is'' and inserting ``any land or facilities, or
interest in land or facilities, that are''; and
(C) by adding at the end the following:
``(4) Land to be taken into trust.--
``(A) In general.--On satisfaction of the conditions
described in paragraph (7) of the Agreement and after the
requirements of sections 10701(e) and 10703 are met, the
Secretary shall take legal title to the following land and,
subject to subparagraph (D), hold that land in trust for the
benefit of the Nation:
``(i) Fee land of the Nation, including--
``(I) the parcels of land on which the Tohlakai Pumping
Plant, Reach 12A and Reach 12B, are located, including, in
McKinley County, New Mexico--
``(aa) sec. 5, T. 16 N., R. 18 W., New Mexico Prime
Meridian; and
``(bb) sec. 33, T. 17 N., R. 17 W., New Mexico Prime
Meridian (except lot 9 and the NW\1/4\ of lot 4);
``(II) the parcel of land on which Reach 12.1 is located,
including--
``(aa) NW\1/4\ and SW\1/4\ sec. 5, T. 16 N., R. 18 W.;
``(bb) N\1/2\ sec. 11, T. 16 N., R. 19 W.; and
``(cc) sec. 12, T. 16 N., R. 20 W.; and
``(III) the parcel of land on which Reach 12.2 is located,
including NW\1/4\. sec. 2, T. 16 N., R. 21 W.
``(ii) Public domain land managed by the Bureau of Land
Management, including--
``(I) the parcel of land on which the Cutter Lateral Water
Treatment Plant is located, including S\1/2\ sec. 9, T. 25
N., R. 9 W., New Mexico Prime Meridian; and
``(II) the parcel of land on which the Navajo Agricultural
Products Industry turnout is located, including NW\1/4\ and
NE\1/4\ sec. 34, T. 26 N., R. 9 W., New Mexico Prime
Meridian.
``(iii) The land underlying the San Juan Generating Station
(the coal-fired, 4-unit electric power plant and ancillary
features located by the San Juan Mine near Waterflow, New
Mexico) acquired by the United States, as described in
subsection (b)(1).
``(B) Part of navajo nation.--The land taken into trust
under subparagraph (A)
[[Page S4559]]
shall be part of the Navajo Reservation and administered in
accordance with the laws and regulations generally applicable
to land held in trust by the United States for the benefit of
an Indian Tribe.
``(C) Restrictions.--
``(i) Fee land of the nation.--The fee land of the Nation
taken into trust under subparagraph (A)(i) shall be subject
to valid existing rights, contracts, and management
agreements, including easements and rights-of-way, unless the
holder of the right, contract, lease, permit, or right-of-way
requests an earlier termination in accordance with existing
law.
``(ii) Public domain land.--
``(I) In general.--The public domain land managed by the
Bureau of Land Management taken into trust under subparagraph
(A)(ii) shall be subject to valid existing rights, contracts,
leases, permits, and rights-of-way, unless the holder of the
right, contract, lease, permit, or right-of-way requests an
earlier termination in accordance with existing law.
``(II) BIA assumption of benefits and obligations.--The
Bureau of Indian Affairs shall--
``(aa) assume all benefits and obligations of the previous
land management agency under the existing rights, contracts,
leases, permits, or rights-of-way described in subclause (I);
and
``(bb) disburse to the Nation any amounts that accrue to
the United States from those rights, contracts, leases,
permits, or rights-of-ways after the date on which the land
described in clause (ii) of subparagraph (A) is taken into
trust for the benefit of the Nation from any sale, bonus,
royalty, or rental relating to that land in the same manner
as amounts received from other land held by the Secretary in
trust for the Nation.
``(iii) Land underlying the san juan generating station.--
``(I) In general.--The land underlying the San Juan
Generating Station (the coal-fired, 4-unit electric power
plant and ancillary features located by the San Juan Mine
near Waterflow, New Mexico) taken into trust under
subparagraph (A)(iii) shall be subject to a perpetual
easement on and over all of the land underlying the San Juan
Generating Station reserved to the United States for use by
the Bureau of Reclamation and its contractors and assigns--
``(aa) for ingress and egress;
``(bb) to continue construction of the Project; and
``(cc) for operation and maintenance of Project facilities
located on that land.
``(II) Reserved perpetual easement.--The reserved perpetual
easement described in subclause (I) shall remain vested in
the United States unless title to the Project facilities and
appropriate interests in land are conveyed pursuant to
subsection (f).
``(D) Savings clause.--Nothing in this paragraph affects
any--
``(i) water right of the Nation in existence on the day
before the date of enactment of the Navajo-Gallup Water
Supply Project Amendments Act of 2023; and
``(ii) right or claim of the Nation to any land or interest
in land in existence on the day before the date of enactment
of the Navajo-Gallup Water Supply Project Amendments Act of
2023.'';
(4) in subsection (d)(1)(D), by striking ``Draft'' and
inserting ``Final Environmental'';
(5) in subsection (e)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Renewable energy and hydroelectric power.--
``(A) Renewable energy.--For any portion of the Project
that does not have access to Colorado River Storage Project
power, the Secretary may use not more than $6,250,000 of the
amounts made available under section 10609(a)(1) to develop
renewable energy.
``(B) Hydroelectric power.--Notwithstanding whether a
Project facility has access to Colorado River Storage Project
power, the Secretary may use not more than $1,250,000 of the
$6,250,000 authorized to be used to develop renewable energy
under subparagraph (A) to develop hydroelectric power for any
Project facility that can use hydraulic head to produce
electricity.'';
(6) in subsection (h)(1), in the matter preceding
subparagraph (A), by inserting ``, store,'' after ``treat'';
and
(7) by adding at the end the following:
``(i) Deferred Construction of Project Facilities.--
``(1) Deferred construction of project facilities.--On
mutual agreement between the Nation and the Secretary, and
the Jicarilla Apache Nation if the deferred Project
facilities benefit the Jicarilla Apache Nation, construction
of selected Project facilities may be deferred to save
operation and maintenance expenses associated with that
construction.
``(2) Deferred construction fund.--
``(A) Establishment.--There is established in the Treasury
a fund, to be known as the `Navajo Nation's Navajo-Gallup
Water Supply Project Deferred Construction Fund', to consist
of--
``(i) amounts that correspond to portions of the Project
that have been deferred under paragraph (1); and
``(ii) any interest or other gains on amounts referred to
in clause (i).
``(B) Use of the deferred construction fund.--The Nation
may use amounts in the Deferred Construction Fund--
``(i) to construct Project facilities that have been
deferred under paragraph (1); or
``(ii) to construct alternate facilities agreed on under
subparagraph (C).
``(C) Alternate facilities consistent with the purpose of
the project.--On agreement between the Nation and the
Secretary, and the Jicarilla Apache Nation if the deferred
Project facilities benefit the Jicarilla Apache Nation, and
in compliance with all applicable environmental and cultural
resource protection laws, facilities other than those
previously agreed to be deferred under paragraph (1) may be
constructed if those alternate facilities are consistent with
the purposes of the Project described in section 10601.
``(3) Amounts to be deposited.--Funds allocated from the
amounts made available under section 10609(a)(1) to build
facilities referred to in paragraph (1) shall be deposited
into the Deferred Construction Fund.
``(4) Adjustments.--On deposit of amounts into the Deferred
Construction Fund under paragraph (3), the adjustments to
authorized appropriations under section 10609(a)(2) shall no
longer apply to those amounts.
``(5) Deadline to construct project facilities.--On deposit
of all amounts into the Deferred Construction Fund for
construction of Project facilities agreed on under paragraph
(1), the Secretary shall be deemed to have met the obligation
under section 10701(e)(1)(A)(ix).
``(6) Future construction of project facilities.--On
agreement between the Nation and the Secretary, and the
Jicarilla Apache Nation if the deferred Project facilities
benefit the Jicarilla Apache Nation, the Nation shall use
amounts deposited into the Deferred Construction Fund to
construct--
``(A) Project facilities deferred under paragraph (1); or
``(B) alternate Project facilities described in paragraph
(2)(C).''.
(b) Delivery and Use of Navajo-Gallup Water Supply Project
Water.--Section 10603 of the Northwestern New Mexico Rural
Water Projects Act (Public Law 111-11; 123 Stat. 1382) is
amended--
(1) in subsection (a)(3)(B)--
(A) in clause (i), by inserting ``or, if generated on City-
owned facilities, by the City'' after ``the Nation''; and
(B) in clause (ii), by inserting ``, except that the City
shall retain all revenue from the sale of hydroelectric power
that is generated on City-owned facilities'' after
``hydroelectric power''; and
(2) in subsection (g)(2), by striking ``, except as
provided in section 10604(f)''.
(c) Project Contracts.--Section 10604 of the Northwestern
New Mexico Rural Water Projects Act (Public Law 111-11; 123
Stat. 1388) is amended--
(1) in subsection (a)(4), by striking ``Subject to
subsection (f), the'' and inserting ``The'';
(2) in subsection (b)(3)--
(A) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraphs (B) and (C)'';
(B) in subparagraph (B)--
(i) in the subparagraph heading, by striking ``Minimum
percentage'' and inserting ``Maximum percentage'';
(ii) by striking ``at least 25 percent'' and inserting
``not more than 25 percent''; and
(iii) by striking ``, but shall in no event exceed 35
percent''; and
(C) by adding at the end the following:
``(C) Maximum repayment obligation.--The repayment
obligation of the City referred to in subparagraphs (A) and
(B) shall not exceed $76,000,000.'';
(3) in subsection (c)(1)(B), by inserting ``subsection (f)
and'' before ``section 10603(g)'';
(4) in subsection (d)(1), by striking ``Draft'' and
inserting ``Final Environmental'';
(5) in subsection (e), by striking ``Draft'' and inserting
``Final Environmental'';
(6) by striking subsection (f); and
(7) by redesignating subsection (g) as subsection (f).
(d) Authorization of Appropriations.--Section 10609 of the
Northwestern New Mexico Rural Water Projects Act (Public Law
111-11; 123 Stat. 1395; 129 Stat. 528) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``$870,000,000 for the
period of fiscal years 2009 through 2024'' and inserting
``$2,175,000,000 for the period of fiscal years 2009 through
2029'';
(B) by striking paragraph (2) and inserting the following:
``(2) Adjustments.--
``(A) In general.--The amount under paragraph (1) shall be
adjusted by such amounts as may be required--
``(i) by reason of changes since October 2022 in
construction cost changes in applicable regulatory standards,
as indicated by engineering cost indices applicable to the
types of construction involved; and
``(ii) to address construction cost changes necessary to
account for unforeseen market volatility that may not
otherwise be captured by engineering cost indices described
in clause (i), as determined by the Secretary, including
repricing applicable to the types of construction and current
industry standards involved.
``(B) Deferred construction fund.--Amounts deposited in the
Deferred Construction Fund shall not be adjusted pursuant to
this paragraph.''; and
(C) in paragraph (4)(B), by striking ``10 years'' and
inserting ``15 years''; and
(2) in subsection (b)--
[[Page S4560]]
(A) in paragraph (1), by striking ``$30,000,000, as
adjusted under paragraph (3), for the period of fiscal years
2009 through 2019'' and inserting ``$37,500,000, as adjusted
under paragraph (4), for the period of fiscal years 2009
through 2032'';
(B) in paragraph (2), by striking ``2024'' and inserting
``2032''; and
(C) in paragraph (3), by striking ``The amount under
paragraph (1)'' and inserting ``The amount under paragraphs
(1) and (2)''.
(e) Taxation of Construction, Operation, and Maintenance of
Project Facilities.--Part III of the Northwestern New Mexico
Rural Water Projects Act (Public Law 111-11; 123 Stat. 1379)
is amended by adding at the end the following:
``SEC. 10610. TAXATION OF CONSTRUCTION, OPERATION, AND
MAINTENANCE OF PROJECT FACILITIES.
``(a) Nation Land.--Any activity constituting the
construction, operation, or maintenance of Project
facilities--
``(1) shall, if the activity takes place on land that is
held in trust by the United States for the benefit of the
Nation, be subject to taxation by the Nation; and
``(2) shall not be subject to any fee, tax, assessment,
levy, or other charge imposed by any State or political
subdivision of a State.
``(b) Other Land.--Any activity constituting the
construction, operation, or maintenance of Project
facilities--
``(1) shall, if the activity takes place on land other than
the land described in subsection (a)(1), be subject to
taxation by the State in which the land is located, or by a
political subdivision of that State to the extent authorized
by the laws of that State; and
``(2) shall not be subject to any fee, tax, assessment,
levy, or other charge imposed by the Nation.''.
SEC. 104. NAVAJO NATION WATER RIGHTS.
(a) Agreement.--Section 10701(e) of the Northwestern New
Mexico Rural Water Projects Act (Public Law 111-11; 123 Stat.
1400; 129 Stat. 528) is amended--
(1) in paragraph (1)(A)--
(A) by striking clause (vii) and inserting the following:
``(vii) Navajo nation water resources development trust
fund.--Not later than December 31, 2019, the United States
shall make all deposits into the Navajo Nation Water
Resources Development Trust Fund established by section
10702(a)(1).'';
(B) in clause (ix), by striking ``2024'' and inserting
``2029''; and
(C) by adding at the end the following:
``(x) Deferred construction fund.--
``(I) In general.--Not later than December 31, 2029, the
United States shall make all deposits into the Deferred
Construction Fund in accordance with section 10602(i)(3).
``(II) Project deadline.--On deposit of the amounts into
the Deferred Construction Fund under subclause (I), even if
certain Project facilities have not yet been constructed, the
Secretary shall be deemed to have met the deadline described
in clause (ix).''; and
(2) in paragraph (2)(B)--
(A) in clause (i), by striking ``Trust Fund'' and inserting
``Settlement Trust Funds''; and
(B) in clause (ii), by striking ``Trust Fund'' and
inserting ``Settlement Trust Funds''.
(b) Settlement Trust Funds.--Section 10702 of the
Northwestern New Mexico Rural Water Projects Act (Public Law
111-11; 123 Stat. 1402) is amended to read as follows:
``SEC. 10702. SETTLEMENT TRUST FUNDS.
``(a) Navajo Nation Water Resources Development Trust
Fund.--
``(1) Establishment.--There is established in the Treasury
a fund, to be known as the `Navajo Nation Water Resources
Development Trust Fund', consisting of--
``(A) such amounts as are appropriated to the Navajo Nation
Water Resources Development Trust Fund under paragraph (5);
and
``(B) any interest earned on investment of amounts in the
Navajo Nation Water Resources Development Trust Fund under
paragraph (3).
``(2) Use of funds.--The Nation may use amounts in the
Navajo Nation Water Resources Development Trust Fund--
``(A) to investigate, construct, operate, maintain, or
replace water project facilities, including facilities
conveyed to the Nation under this subtitle and facilities
owned by the United States for which the Nation is
responsible for operation, maintenance, and replacement
costs; and
``(B) to investigate, implement, or improve a water
conservation measure (including a metering or monitoring
activity) necessary for the Nation to make use of a water
right of the Nation under the Agreement.
``(3) Investment.--Beginning on October 1, 2019, the
Secretary shall invest amounts in the Navajo Nation Water
Resources Development Trust Fund in accordance with
subsection (e).
``(4) Investment earnings.--Any investment earnings,
including interest, credited to amounts held in the Navajo
Nation Water Resources Development Trust Fund are authorized
to be used in accordance with paragraph (2).
``(5) Authorization of appropriations.--There are
authorized to be appropriated for deposit in the Navajo
Nation Water Resources Development Trust Fund--
``(A) $6,000,000 for each of fiscal years 2010 through
2014; and
``(B) $4,000,000 for each of fiscal years 2015 through
2019.
``(6) Availability.--Any amount authorized to be
appropriated to the Navajo Nation Water Resources Development
Trust Fund under paragraph (5) shall not be available for
expenditure or withdrawal--
``(A) before December 31, 2019; and
``(B) until the date on which the court in the stream
adjudication has entered--
``(i) the Partial Final Decree; and
``(ii) the Supplemental Partial Final Decree.
``(7) Management.--The Secretary shall manage the Navajo
Nation Water Resources Development Trust Fund in accordance
with subsection (d).
``(8) Conditions for expenditure and withdrawal.--After the
funds become available pursuant to paragraph (6), all
expenditures and withdrawals by the Nation of funds in the
Navajo Nation Water Resources Development Trust Fund must
comply with the requirements of subsection (f).
``(b) Navajo Nation Operations, Maintenance, and
Replacement Trust Fund.--
``(1) Establishment.--The Secretary shall establish a trust
fund to be known as the `Navajo Nation Operations,
Maintenance, and Replacement Trust Fund' for the purposes set
forth in paragraph (2), to be managed, invested, and
distributed by the Secretary, and to remain available until
expended, withdrawn, or reverted to the general fund of the
Treasury, consisting of the amounts deposited in the trust
fund under paragraph (3), together with any interests earned
on those amounts under paragraph (4).
``(2) Use of funds.--The Nation may use amounts in the
Navajo Nation Operations, Maintenance, and Replacement Trust
Fund to pay operations, maintenance, and replacement costs of
the Project allocable to the Nation under section 10604.
``(3) Authorization of appropriations.--There are
authorized to be appropriated for deposit in the Navajo
Nation Operations, Maintenance, and Replacement Trust Fund
$250,000,000.
``(4) Investment.--Upon deposit of funding into the Navajo
Nation Operations, Maintenance, and Replacement Trust Fund
pursuant to paragraph (3), the Secretary shall invest amounts
deposited in accordance with subsection (e).
``(5) Investment earnings.--Any investment earnings,
including interest, credited to amounts held in the Navajo
Nation Operations, Maintenance, and Replacement Trust Fund
are authorized to be used in accordance with paragraph (2).
``(6) Availability.--Any amount authorized to be
appropriated to the Navajo Nation Operations, Maintenance,
and Replacement Trust Fund under paragraph (3) shall not be
available for expenditure or withdrawal until the Nation is
responsible for payment of operation, maintenance, and
replacement costs as set forth in section 10603(g).
``(7) Fluctuation in costs.--
``(A) In general.--The amounts authorized to be
appropriated under paragraph (3) shall be increased or
decreased, as appropriate, by such amounts as may be
justified by reason of ordinary fluctuations in costs
occurring after October 2022 as indicated by the Bureau of
Reclamation Operation and Maintenance Cost Index.
``(B) Repetition.--The adjustment process under this
subparagraph shall be repeated for each subsequent amount
appropriated until the amount authorized, as adjusted, has
been appropriated.
``(C) Period of indexing.--The period of indexing
adjustment under this subparagraph for any increment of
funding shall end on the date on which the funds are
deposited into the Navajo Nation Operations, Maintenance, and
Replacement Trust Fund.
``(8) Management.--The Secretary shall manage the Navajo
Nation Operations, Maintenance, and Replacement Trust Fund in
accordance with subsection (d).
``(9) Conditions for expenditure and withdrawal.--All
expenditures and withdrawals by the Nation of funds in the
Navajo Nation Operations, Maintenance, and Replacement Trust
Fund must comply with the requirements of subsection (f).
``(c) Jicarilla Apache Nation Operations, Maintenance, and
Replacement Trust Fund.--
``(1) Prerequisite to establishment.--Prior to
establishment of the trust fund under paragraph (2), the
Secretary shall conduct an Ability to Pay study to determine
what operation, maintenance, and replacement costs of that
section of the Project serving the Jicarilla Apache Nation
are in excess of the ability of the Jicarilla Apache Nation
to pay.
``(2) Establishment.--Upon completion of the Ability to Pay
study as set forth in paragraph (1), the Secretary shall
establish a trust fund to be known as the `Jicarilla Apache
Nation Operations, Maintenance, and Replacement Trust Fund'
for the purposes set forth in paragraph (3), to be managed,
invested, and distributed by the Secretary and to remain
available until expended, withdrawn, or reverted to the
general fund of the Treasury, consisting of the amounts
deposited in the trust fund under paragraph (4), together
with any interests earned on those amounts under paragraph
(5).
``(3) Use of funds.--The Jicarilla Apache Nation may use
amounts in the Jicarilla Apache Nation Operations,
Maintenance, and Replacement Trust Fund to pay operations,
maintenance, and replacement costs of the Project allocable
to the Jicarilla Nation under section 10604.
``(4) Authorization of appropriations.--There are
authorized to be appropriated for
[[Page S4561]]
deposit in the Jicarilla Apache Nation Operations,
Maintenance, and Replacement Trust Fund the amounts the
Secretary has determined are in excess of the ability of the
Jicarilla Apache Nation to pay in the Ability to Pay study
required under paragraph (1) up to a maximum of $10,000,000.
``(5) Investment.--Upon deposit of funding into the
Jicarilla Apache Nation Operations, Maintenance, and
Replacement Trust Fund pursuant to paragraph (4), the
Secretary shall invest amounts in the fund in accordance with
subsection (e).
``(6) Investment earnings.--Any investment earnings,
including interest, credited to amounts held in the Jicarilla
Apache Nation Operations, Maintenance, and Replacement Trust
Fund are authorized to be used in accordance with paragraph
(3).
``(7) Availability.--Any amount authorized to be
appropriated to the Jicarilla Apache Nation Operations,
Maintenance, and Replacement Trust Fund under paragraph (4)
shall not be available for expenditure or withdrawal until
the Jicarilla Apache Nation is responsible for payment of
operation, maintenance, and replacement costs as set forth in
section 10603(g).
``(8) Fluctuation in costs.--
``(A) In general.--The amounts authorized to be
appropriated under paragraph (4) shall be increased or
decreased, as appropriate, by such amounts as may be
justified by reason of ordinary fluctuations in costs
occurring after October 2022 as indicated by the Bureau of
Reclamation Operation and Maintenance Cost Index.
``(B) Repetition.--The adjustment process under this
subparagraph shall be repeated for each subsequent amount
appropriated until the amount authorized, as adjusted, has
been appropriated.
``(C) Period of indexing.--The period of indexing
adjustment under this subparagraph for any increment of
funding shall end on the date on which the funds are
deposited into the Jicarilla Apache Nation Operations,
Maintenance, and Replacement Trust Fund.
``(9) Management.--The Secretary shall manage the Jicarilla
Apache Nation Operations, Maintenance, and Replacement Trust
Fund in accordance with subsection (d).
``(10) Conditions for expenditure and withdrawal.--All
expenditures and withdrawals by the Jicarilla Apache Nation
of funds in the Jicarilla Apache Nation Operations,
Maintenance, and Replacement Trust Fund must comply with the
requirements of subsection (f).
``(d) Management.--The Secretary shall manage the
Settlement Trust Funds, invest amounts in the Settlement
Trust Funds pursuant to subsection (e), and make amounts
available from the Settlement Trust Funds for distribution to
the Nation and the Jicarilla Apache Nation in accordance with
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.).
``(e) Investment of the Trust Funds.--The Secretary shall
invest amounts in the Settlement Trust Funds in accordance
with--
``(1) the Act of April 1, 1880 (25 U.S.C. 161);
``(2) the first section of the Act of June 24, 1938 (25
U.S.C. 162a); and
``(3) the American Indian Trust Fund Management Reform Act
of 1994 (25 U.S.C. 4001 et seq.).
``(f) Conditions for Expenditures and Withdrawals.--
``(1) Tribal management plan.--
``(A) In general.--On approval by the Secretary of a Tribal
management plan in accordance with the American Indian Trust
Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.),
the Nation and the Jicarilla Apache Nation may withdraw all
or a portion of the amounts in the Settlement Trust Funds.
``(B) Requirements.--In addition to any requirements under
the American Indian Trust Fund Management Reform Act of 1994
(25 U.S.C. 4001 et seq.), a Tribal management plan shall
require that the Nation and Jicarilla Apache Nation only use
amounts in the Settlement Trust Funds for the purposes
described in subsection (a)(2), (b)(2), or (c)(3), as
applicable.
``(2) Enforcement.--The Secretary may take judicial or
administrative action to enforce the provisions of any Tribal
management plan to ensure that any amounts withdrawn from the
Settlement Trust Funds are used in accordance with this
subtitle.
``(3) No liability.--The Secretary or the Secretary of the
Treasury shall not be liable for the expenditure or
investment of any amounts withdrawn from the Settlement Trust
Funds by the Nation or the Jicarilla Apache Nation.
``(4) Expenditure plan.--
``(A) In general.--The Nation and Jicarilla Apache Nation
shall submit to the Secretary for approval an expenditure
plan for any portion of the amounts in the Settlement Trust
Funds made available under this section that the Nation or
the Jicarilla Apache Nation does not withdraw under this
subsection.
``(B) Description.--An expenditure plan submitted under
subparagraph (A) shall describe the manner in which, and the
purposes for which, funds of the Nation or the Jicarilla
Apache Nation remaining in the Settlement Trust Funds will be
used.
``(C) Approval.--On receipt of an expenditure plan under
subparagraph (A), the Secretary shall approve the plan if the
Secretary determines that the plan is reasonable and
consistent with this subtitle.
``(5) Annual report.--The Nation and Jicarilla Apache
Nation shall submit to the Secretary an annual report that
describes any expenditures from the Settlement Trust Funds
during the year covered by the report.
``(6) Limitation.--No portion of the amounts in the
Settlement Trust Funds shall be distributed to any Nation or
Jicarilla Apache Nation member on a per capita basis.''.
(c) Waivers and Releases.--Section 10703 of the
Northwestern New Mexico Rural Water Projects Act (Public Law
111-11; 123 Stat. 1403) is amended--
(1) in subsection (d)(1)(A), by striking ``2025'' and
inserting ``2030''; and
(2) in subsection (e)(2), in the matter preceding
subparagraph (A), by striking ``2025'' and inserting
``2030''.
______