[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4390-S4394]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2140. Mr. LUJAN (for himself, Mr. Romney, and Mr. Heinrich) 
submitted an amendment intended to be proposed by him to the bill S. 
4638, to authorize appropriations for fiscal year 2025 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 end, add the following:

 DIVISION E--NAVAJO-GALLUP WATER SUPPLY PROJECT AMENDMENTS ACT OF 2024

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Navajo-Gallup Water 
     Supply Project Amendments Act of 2024''.

     SEC. 5002. 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'';

[[Page S4391]]

       (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. 5003. 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) 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).
       ``(III) Reserved federal facilities.--The United States 
     shall retain ownership of 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) water conveyance and storage facilities when the 
     underlying land is taken into trust under subparagraph 
     (A)(iii) and title to those facilities shall remain vested in 
     the United States unless title to those facilities 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 2024; and

[[Page S4392]]

       ``(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 
     2024.'';
       (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)--
       (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 (3), 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. 5004. 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 (viii), by striking ``2019'' and inserting 
     ``2032'';
       (C) in clause (ix), by striking ``2024'' and inserting 
     ``2029''; and
       (D) 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

[[Page S4393]]

     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 operation, 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 operation, 
     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 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.).

[[Page S4394]]

       ``(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''.

     SEC. 5005. NON-PROJECT WATER FOR USE IN THE STATE OF UTAH.

       Section 10602(h) of the Northwestern New Mexico Rural Water 
     Projects Act (Public Law 111-11; 123 Stat. 1382) is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``paragraph (2)'' and inserting ``paragraph 
     (3)'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Conveyance of non-project water to the state of 
     utah.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Navajo/Utah settlement agreement.--The term `Navajo/
     Utah Settlement Agreement' means the agreement entitled 
     `Navajo Nation/State of Utah Water Rights Settlement 
     Agreement', dated May 27, 2022, and authorized by section 
     1102 of title XI of division FF of Public Law 116-260 (134 
     Stat. 3224).
       ``(ii) Navajo-utah water rights.--The term `Navajo-Utah 
     water rights' has the meaning given the term `Navajo water 
     rights' in section 1102(b) of title XI of division FF of 
     Public Law 116-260 (134 Stat. 3225).
       ``(B) In general.--Subject to paragraph (1), the Nation may 
     provide non-Project water to communities of the Nation in the 
     State of Utah, subject to the conditions that--
       ``(i) not more than 2,000 acre-feet per year of non-Project 
     water may be treated, stored, or conveyed through Project and 
     non-Project infrastructure for the benefit of those 
     communities;
       ``(ii) any non-Project water treated or conveyed through 
     Project and non-Project infrastructure and delivered to the 
     New Mexico state line for the benefit of those communities 
     shall--

       ``(I) be considered part of the Navajo-Utah water rights as 
     quantified in section 1102(d)(1)(A) of title XI of division 
     FF of Public Law 116-260 (134 Stat. 3227); and
       ``(II) be accounted for as a depletion by the Nation to be 
     counted against the apportionment of the State of Utah under 
     the Compact for purposes of the depletion accounting under 
     the Navajo/Utah Settlement Agreement;

       ``(iii) Project funds shall not be used to design, plan, 
     construct, operate, maintain, or repair any additional 
     infrastructure in the State of New Mexico or any 
     infrastructure in the State of Arizona or Utah to join the 
     Project infrastructure to the Sweetwater pipeline (non-
     Project infrastructure);
       ``(iv) the share of any Project Participants' Project 
     operation, maintenance, and replacement costs shall not be 
     increased in connection with the use of non-Project 
     infrastructure;
       ``(v) the United States shall have no responsibility or 
     obligation to provide non-Project water to those communities 
     under this paragraph and no Federal funding shall be provided 
     for the costs to construct, operate, maintain, and replace 
     any non-Project infrastructure necessary for storage and 
     conveyance of non-Project water from the State of New Mexico 
     to serve those communities except for funds authorized 
     under--

       ``(I) section 1102 of title XI of division FF of Public Law 
     116-260 (134 Stat. 3224);
       ``(II) section 7 of the Act of August 5, 1954 (42 U.S.C. 
     2004a); and
       ``(III) the Indian Health Care Improvement Act (25 U.S.C. 
     1601 et seq.);

       ``(vi) efforts associated with providing non-Project water 
     to those communities shall not delay the Project, or any 
     component of the Project, in a manner that would be 
     prejudicial to any Project Participant; and
       ``(vii) in addition to the requirements of this paragraph, 
     delivery of non-Project water under this paragraph is subject 
     to--

       ``(I) the terms of the Navajo/Utah Settlement Agreement;
       ``(II) the State of Utah issuing a decreed water right 
     pursuant to the terms of the Navajo/Utah Settlement 
     Agreement;
       ``(III) the State of Utah not incurring additional 
     financial obligations beyond those identified in the Navajo/
     Utah Settlement Agreement; and
       ``(IV) the execution of an implementation agreement between 
     the Nation and the State of Utah relating to accounting and 
     measurement of non-Project water under this paragraph to be 
     consistent with the terms of the Navajo/Utah Settlement 
     Agreement.

       ``(C) Clarification.--The State of New Mexico shall have no 
     responsibility or obligation to provide--
       ``(i) non-Project water to communities of the Nation in the 
     State of Utah under this paragraph; or
       ``(ii) any funding under this paragraph.''.
                                 ______