,,ii ,calendar ,no4 #cig #aafth ,,congress #ast ,session ,s4 #hhf ,report ,no4 #aaf-ahi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bg1 #bjai,mr4 ,udall 7for himself1 ,mr4 ,heinrich1 and ,ms4 ,cortez ,masto7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,may #bc 7legislative day1 ,may #bb71 #bjai ,committee discharged2 referred to the ,committee on ,indian ,affairs ,december #ai1 #bjai,reported by ,mr4 ,hoeven1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to amend the ,omnibus ,public ,land ,management ,act of #bjji to make the ,reclamation ,water ,settlements ,fund permanent4 #a4 ,short title ,this ,act may be cited as the ,indian ,water ,rights ,settlement ,extension ,act4 #b4 ,reclamation water settlements fund ,section #ajeja of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #djg7 is amended-- 7#a7 in subsection 7b77#a71 by striking ,for each of fiscal years #bjbj through #bjbi and inserting ,for fiscal year #bjbj and each fiscal year thereafter2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,a71 by striking for each of fiscal years #bjbj through #bjcd and inserting for fiscal year #bjbj and each fiscal year thereafter2 and 7,b7 in paragraph 7#c77;,c71 by striking for any authorized use and all that follows through the period at the end and inserting for any use authorized under paragraph 7#b742 and 7#c7 by striking subsection 7f74 #a4 ,short title ,this ,act may be cited as the ,indian ,water ,rights ,settlement ,extension ,act4 #b4 ,reclamation water settlements fund ,section #ajeja of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #djg7 is amended-- 7#a7 in subsection 7b77#a71 by striking fiscal years #bjbj through #bjbi and inserting fiscal years #bjbj through #bjci2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,expenditures 7i7 ,in general ,subject to subparagraph 7,b7-- 7,i7 for each of fiscal years #bjbj through #bjbi1 the ,secretary may expend from the ,fund an amount not to exceed #abj1jjj1jjj1 plus the interest accrued from the ,fund1 for the fiscal year in which expenditures are made pursuant to paragraphs 7#b7 and 7#c72 and 7,,ii7 subject to clause 7ii71 for each of fiscal years #bjcj through #bjdd1 the ,secretary may expend from the ,fund an amount not to exceed #abj1jjj1jjj1 plus the interest accrued in the ,fund1 for the fiscal year in which expenditures are made pursuant to paragraph 7#b74 7ii7 ,limitation ,of the amount described in clause 7i77,,ii7 for each of fiscal years #bjcj through #bjdd1 the ,secretary may expend an amount not to exceed #ij1jjj1jjj for an individual ,indian water rights settlement1 unless the ,secretary determines that an expenditure of more than #ij1jjj1jjj would not adversely affect the funding of the implementation of other congressionally approved settlement agreements4 2 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking litigation involving the ,united ,states1 if the settlement agreement or implementing legislation requires the ,bureau of ,reclamation and inserting claims concerning ,indian water resources1 if the settlement agreement or implementing legislation authorizes the ,secretary2 and 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i7-- 7aa7 in subclause 7,i71 by striking the entire period in which the ,fund is in existence and inserting the period of fiscal years #bjbj through #bjbi2 and 7bb7 in subclause 7,,ii71 by inserting during the period of fiscal years #bjbj through #bjbi after into the ,fund2 and 7,,ii7 in clause 7ii71 by inserting or are deposited into the ,fund after fiscal year #bjbi after subparagraph 7,b72 7ii7 in subparagraph 7,b7-- 7,i7 in clauses 7i77,,ii77bb71 7iii77,,ii77bb71 and 7iv77,,ii77bb71 by striking the entire period in which the ,fund is in existence each place it appears and inserting the period of fiscal years #bjbj through #bjbi2 and 7,,ii7 in clause 7iv77,i7-- 7aa7 by striking the period at the end and inserting 2 and2 7bb7 by striking through annual appropriations1 the ,secretary shall and inserting the following3 through annual appropriations-- 7aa7 the ,secretary 2 and 7cc7 by adding at the end the following3 7bb7 if the ,indian water rights settlement agreement described in item 7aa7 has not been approved and authorized by an ,act of ,congress by ,december #ca1 #bjba-- 7,,aa7 the amount shall no longer be reserved for that settlement under subparagraph 7,a77i77,,ii72 and 7,,bb7 the ,secretary shall deposit the amount that would have otherwise been reserved under subparagraph 7,a77i77,,ii7 for the ,indian water rights settlement agreement into the ,lower ,colorado ,river ,basin ,development ,fund established under section #djc7;a7 of the ,colorado ,river ,basin ,project ,act 7#dc ,u4,s4,c4 #aedc7;a771 with #fe percent of that amount in each fiscal year deposited into the ,future ,indian ,water ,settlement ,subaccount of that ,fund4 2 7iii7 in subparagraph 7,c7-- 7,i7 by striking ,december #ca1 #bjai and inserting ,december #ca1 #bjba2 and 7,,ii7 by striking for any authorized use and inserting for any use authorized under paragraph 7#b72 and 7iv7 by adding at the end the following3 7,d7 ,sufficiency of funds ,the ,secretary may use amounts in the ,fund in a fiscal year for multiple settlements under subparagraph 7,b71 without regard to the priorities described in clauses 7ii7 through 7iv7 of subparagraph 7,b71 to ensure that sufficient funds are available to meet the enforceability date or substantial completion date of a settlement4 2 and 7#c7 in subsection 7f71 by striking ,september #cj1 #bjcd and inserting ,september #cj1 #bjdd4 #c4 ,amendments to ,aamodt ,litigation ,settlement ,act 7a7 ,definition of #faa7;g7 ,agreement ,section #fjb of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cacd7 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#bc7 as paragraphs 7#b7 through 7#bd71 respectively2 and 7#b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 #faa7;g7 ,agreement ,the term #faa7;g7 ,agreement means the agreement dated ,july #b1 #bjai1 to be executed by the ,united ,states1 the ,state1 the ,pueblos1 the ,county1 and the ,city pursuant to section #faa7;g74 4 7b7 ,final project design ,section #faa7;b7 of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cacg7 is amended1 in the matter preceding paragraph 7#a71 by striking within #ij days of and inserting as soon as feasible after4 7c7 ,construction ,costs for ,pueblo ,water ,facilities ,section #faa7;f7 of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cach7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking #ajf1djj1jjj and inserting #bdc1djj1jjj2 and 7,b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,exception ,of the amount described in subparagraph 7,a7-- 7i7 the initial #ajf1djj1jjj shall be increased or decreased1 as appropriate1 based on ordinary fluctuations in construction costs since ,october #a1 #bjjf1 as determined using applicable engineering cost indices2 and 7ii7 any amounts made available in excess of the amount described in clause 7i7 shall be increased or decreased1 as appropriate1 based on ordinary fluctuations in construction costs since ,october #a1 #bjah1 as determined using applicable engineering cost indices4 2 and 7#b7 in paragraph 7#c71 by inserting and the #faa7;g7 ,agreement after the ,cost-,sharing and ,system ,integration ,agreement4 7d7 ,funding for ,regional ,water ,system ,section #fag7;a77#a77;,b7 of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cadg7 is amended-- 7#a7 by striking #ej1jjj1jjj and inserting #ahg1jjj1jjj2 and 7#b7 by striking #bjbd and inserting #bjbh4 7e7 ,adjustment ,section #fag7;a77#d7 of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cadg7 is amended by striking since ,october #a1 #bjjf1 as determined using applicable engineering cost indices and inserting pursuant to section #faa7;f77#a77;,b74 7f7 ,execution of agreement under section #faa7;g7 ,section #fba of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #cadi7 is amended by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,approval ,to the extent the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 and the #faa7;g7 ,agreement do not conflict with this title1 the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 and the #faa7;g7 ,agreement 7including any amendments to the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 and the #faa7;g7 ,agreement that are executed to make the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 or the #faa7;g7 ,agreement consistent with this title7 are authorized1 ratified1 and confirmed4 7b7 ,execution ,to the extent the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 and the #faa7;g7 ,agreement do not conflict with this title1 the ,secretary shall execute the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 and the #faa7;g7 ,agreement 7including any amendments that are necessary to make the ,settlement ,agreement1 the ,cost-,sharing and ,system ,integration ,agreement1 or the #faa7;g7 ,agreement consistent with this title74 4 7g7 ,requirements for determination of substantial completion of the regional water system ,section #fbc7;e7 of the ,aamodt ,litigation ,settlement ,act 7,public ,law #aaa-bia2 #abd ,stat4 #caea7 is amended-- 7#a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,criteria for substantial completion of regional water system ,subject to the provisions of section #faa7;d7 concerning the extent1 size1 and capacity of the ,county ,distribution ,system1 the ,regional ,water ,system shall be determined to be substantially completed if-- 7,a7 the infrastructure has been constructed capable of-- 7i7 diverting1 treating1 transmitting1 and distributing a supply of #b1ejj acre-feet of water to the ,pueblos consistent with the ,engineering ,report 7as amended by the #faa7;g7 ,agreement and the ,operating ,agreement72 and 7ii7 diverting1 treating1 and transmitting the quantity of water specified in the ,engineering ,report to the ,county ,distribution ,system and consistent with the ,engineering ,report 7as amended by the #faa7;g7 ,agreement and the ,operating ,agreement72 or 7,b7 the ,secretary-- 7i7 issues a notice to proceed authorizing the commencement of ,phase ,i construction of the ,regional ,water ,system by ,december #ca1 #bjai1 and subsequently commences construction of the ,regional ,water ,system2 7ii7 diligently proceeds to construct the ,regional ,water ,system in accordance with the ,engineering ,report 7as amended by the #faa7;g7 ,agreement71 on a schedule for completion by ,june #cj1 #bjbh2 7iii7 expends all of the available funding provided to construct the ,regional ,water ,system under section #faa7;f77#a77;,a71 in the ,cost-,sharing and ,system ,integration ,agreement1 and in the #faa7;g7 ,agreement2 7iv7 complies with the terms of the #faa7;g7 ,agreement2 and 7v7 despite diligent efforts cannot complete construction of the ,regional ,water ,system as described in the final ,engineering ,report 7as amended by the #faa7;g7 ,agreement71 due solely to the lack of additional authorized funding4 2 7#b7 in paragraph 7#b7-- 7,a7 by striking #bjba and inserting #bjbe2 and 7,b7 by striking #bjbd and inserting #bjbh2 7#c7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by striking #bjba and inserting #bjbe2 7#d7 in paragraph 7#d77;,b77ii77,,ii71 by striking #bjbc and inserting #bjbg2 and 7#e7 in paragraph 7#e77;,a71 by striking #bjbd and inserting #bjbh4 #d4 ,kickapoo ,tribe 7a7 ,definition of ,upper ,delaware and ,tributaries ,watershed ,plan ,in this section1 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 ,atchison1 ,brown1 ,jackson1 and ,nemaha ,counties1 ,kansas1 dated ,january #aiid1 and supplemented in ,june #aiid-- 7#a7 developed1 pursuant to the ,watershed ,protection and ,flood ,prevention ,act 7#af ,u4,s4,c4 #ajja et seq47-- 7,a7 by the ,kickapoo ,tribe1 certain watershed and conservation districts in the ,state of ,kansas1 and the ,department of ,wildlife and ,parks of the ,state of ,kansas2 and 7,b7 with the cooperation and technical assistance of the ,natural ,resources ,conservation ,service2 and 7#b7 described in the report of the ,committee on ,environment and ,public ,works of the ,senate 7,senate ,report #aje-ac2 ,april #bb1 #aiig74 7b7 ,study2 recommendations ,to support the purposes of achieving a fair1 equitable1 and final settlement of claims to water rights for the ,kickapoo ,tribe in the ,state of ,kansas1 the ,secretary of ,agriculture 7acting through the ,chief of the ,natural ,resources ,conservation ,service71 in consultation with the ,secretary of the ,interior 7acting through the ,director of the ,secretary's ,indian ,water ,rights ,office71 shall-- 7#a7 commence a study of the multipurpose dam described in the ,upper ,delaware and ,tributaries ,watershed ,plan2 and 7#b7 not later than #b years after the date of enactment of this ,act1 make recommendations to ,congress with respect to the material alterations or changes to the ,upper ,delaware and ,tributaries ,watershed ,plan that are necessary to effectuate1 in part1 the ,tribal water rights agreed to by the ,kickapoo ,tribe and the ,state of ,kansas on ,september #i1 #bjaf1 in the ,kickapoo ,tribe ,water ,rights ,settlement ,agreement1 which otherwise remains subject to approval and authorization by ,congress4 ,december #ai1 #bjai,reported with an amendment