,,ii #aaith ,,congress #ast ,session ,s4 #fcg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ai1 #bjbe,mr4 ,lujn 7for himself1 ,mr4 ,curtis1 and ,mr4 ,heinrich7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to amend the ,northwestern ,new ,mexico ,rural ,water ,projects ,act to make improvements to that ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,navajo-,gallup ,water ,supply ,project ,amendments ,act of #bjbe4 #b4 ,definitions ,section #ajcjb of the ,northwestern ,new ,mexico ,rural ,water ,projects ,act 7#dc ,u4,s4,c4 #djg note2 ,public ,law #aaa-aa7 is amended-- 7#a7 by striking paragraph 7#bi72 7#b7 by redesignating paragraphs 7#ab71 7#ac71 7#ad71 7#ae71 7#af71 7#ag71 7#ah71 7#ai71 7#bj71 7#ba71 7#bb71 7#bc71 7#bd71 7#be71 7#bf71 7#bg71 7#bh71 and 7#cj7 as paragraphs 7#ac71 7#ad71 7#ae71 7#af71 7#ag71 7#ah71 7#ai71 7#bj71 7#ba71 7#bb71 7#bc71 7#bd71 7#be71 7#bg71 7#bh71 7#cj71 7#ca71 and 7#cb71 respectively2 7#c7 by inserting after paragraph 7#aa7 the following3 7#ab7 ,deferred ,construction ,fund ,the term ,deferred ,construction ,fund means the ,navajo ,nation's ,navajo-,gallup ,water ,supply ,project ,deferred ,construction ,fund established by section #ajfjb7;i77#a77;,a74 2 7#d7 in paragraph 7#ad7 7as so redesignated7-- 7,a7 in the paragraph heading1 by striking ,draft and inserting ,final ,environmental2 7,b7 by striking ,draft ,impact and inserting ,final ,environmental2 7,c7 by striking draft environmental and inserting final environmental2 and 7,d7 by striking ,march #bjjg and inserting ,july #f1 #bjji2 7#e7 in paragraph 7#ai7 7as so redesignated71 by striking ,draft and inserting ,final ,environmental2 7#f7 by inserting after paragraph 7#be7 7as so redesignated7 the following3 7#bf7 ,project ,service ,area ,the term ,project ,service ,area means the area that encompasses the #dc ,nation chapters1 the southwest portion of the ,jicarilla ,apache ,reservation1 and the ,city that is identified to be served by the ,project1 as illustrated in figure ,,iv-#e 7,drawing ,no4 #afie-djf-di7 of the ,final ,environmental ,impact ,statement4 2 7#g7 by inserting after paragraph 7#bh7 7as so redesignated7 the following3 7#bi7 ,settlement trust funds ,the term ,settlement ,trust ,funds means-- 7,a7 the ,navajo ,nation ,water ,resources ,development ,trust ,fund established by subsection 7a77#a7 of section #ajgjb2 7,b7 the ,navajo ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund established under subsection 7b77#a7 of that section2 and 7,c7 the ,jicarilla ,apache ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund established under subsection 7c77#b7 of that section4 2 and 7#h7 by adding at the end the following3 7#cc7 ,working ,cost ,estimate ,the term ,working ,cost ,estimate means the ,bureau of ,reclamation document entitled ,,ngwsp ,october #bjbb ,,wce and dated ,february #bf1 #bjbc1 that details the costs totaling #b1ach1chg1jjj1 at the ,october #bjbb price level1 of the ,project1 as configured on that date4 4 #c4 ,navajo-,gallup water supply project 7a7 ,authorization of ,navajo-,gallup water supply project ,section #ajfjb of the ,northwestern ,new ,mexico ,rural ,water ,projects ,act 7,public ,law #aaa-aa2 #abc ,stat4 #acgi7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the subsection heading1 by striking ,in general and inserting ,authorization2 7,b7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 7,c7 in paragraph 7#a7 7as so designated71 by striking ,draft ,impact ,statement and inserting ,final ,environmental ,impact ,statement1 as further refined in1 and including the facilities identified in1 the ,working ,cost ,estimate and any subsequent supplemental documents prepared in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq4742 and 7,d7 by adding at the end the following3 7#b7 ,additional service areas 7,a7 ,findings ,congress finds that-- 7i7 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 #ajfji7;a72 and 7ii7 the unit operations and maintenance costs of the ,project would be reduced by adding more customers to the ,project4 7,b7 ,authorizations for additional ,project ,service ,areas 7i7 ,new ,mexico ,in addition to delivering water supply from the ,project to the ,nation communities in the ,san ,juan ,river ,basin1 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 ,basin1 ,new ,mexico4 7ii7 ,arizona ,in addition to delivering water supply from the ,project to the ,nation communities of ,fort ,defiance and ,window ,rock1 ,arizona1 and subject to section #ajfjc7;c77#a71 the ,nation may expand the ,project ,service ,area in order to deliver water supply from the ,project to the ,nation community of ,lupton1 ,arizona1 within the ,little ,colorado ,river ,basin1 ,arizona4 2 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by inserting acquire1 before construct12 and 7ii7 by striking ,draft ,impact ,statement and inserting ,final ,environmental ,impact ,statement1 as further refined in1 and including the facilities identified in1 the ,working ,cost ,estimate and any subsequent supplemental documents prepared in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,the water conveyance and storage facilities associated with the ,san ,juan ,generating ,station 7the coal-fired1 #d-unit electric power plant and ancillary features located by the ,san ,juan ,mine near ,waterflow1 ,new ,mexico71 including the diversion dam1 the intake structure1 the river pumping plant1 the pipeline from the river to the reservoir1 the dam and associated reservoir1 and any associated land1 or interest in land1 or ancillary features4 2 7,c7 in paragraph 7#b77;,a7-- 7i7 by striking ,river near ,kirtland1 ,new ,mexico1 and inserting ,generating ,station ,reservoir2 and 7ii7 by inserting generally before follows ,united ,states ,highway #dia2 7,d7 in paragraph 7#c77;,a71 by inserting generally before follows ,united ,states ,highway #eej2 and 7,e7 in paragraph 7#e71 by inserting 7including any reservoir facility7 after treatment facility2 7#c7 in subsection 7c7-- 7,a7 in the subsection heading1 by inserting and ,facilities after ,land2 7,b7 in paragraph 7#a71 by striking any land or interest in land that is and inserting any land or facilities1 or interest in land or facilities1 that are2 and 7,c7 by adding at the end the following3 7#d7 ,land to be taken into trust 7,a7 ,in general ,on satisfaction of the conditions described in paragraph 7#g7 of the ,agreement and after the requirements of sections #ajgja7;e7 and #ajgjc are met1 the ,secretary shall take legal title to the following land and1 subject to subparagraph 7,d71 hold that land in trust for the benefit of the ,nation3 7i7 ,fee land of the ,nation1 including-- 7,i7 the parcels of land on which the ,tohlakai ,pumping ,plant1 ,reach #ab;,a and ,reach #ab;,b1 are located1 including1 in ,mc,kinley ,county1 ,new ,mexico-- 7aa7 sec4 #e1 ,t4 #af ,n41 ,r4 #ah ,w41 ,new ,mexico ,prime ,meridian2 and 7bb7 sec4 #cc1 ,t4 #ag ,n41 ,r4 #ag ,w41 ,new ,mexico ,prime ,meridian 7except lot #i and the ,,nw#a_/d of lot #d72 7,,ii7 the parcel of land on which ,reach #ab4a is located1 including-- 7aa7 ,,nw#a_/d and ,,sw#a_/d sec4 #e1 ,t4 #af ,n41 ,r4 #ah ,w42 7bb7 ,n#a_/b sec4 #aa1 ,t4 #af ,n41 ,r4 #ai ,w42 and 7cc7 sec4 #ab1 ,t4 #af ,n41 ,r4 #bj ,w42 and 7,,iii7 the parcel of land on which ,reach #ab4b is located1 including ,,nw#a_/d4 sec4 #b1 ,t4 #af ,n41 ,r4 #ba ,w4 7ii7 ,public domain land managed by the ,bureau of ,land ,management1 including-- 7,i7 the parcel of land on which the ,cutter ,lateral ,water ,treatment ,plant is located1 including ,s#a_/b sec4 #i1 ,t4 #be ,n41 ,r4 #i ,w41 ,new ,mexico ,prime ,meridian2 and 7,,ii7 the parcel of land on which the ,navajo ,agricultural ,products ,industry turnout is located1 including ,,nw#a_/d and ,,ne#a_/d sec4 #cd1 ,t4 #bf ,n41 ,r4 #i ,w41 ,new ,mexico ,prime ,meridian4 7iii7 ,the land underlying the ,san ,juan ,generating ,station 7the coal-fired1 #d-unit electric power plant and ancillary features located by the ,san ,juan ,mine near ,waterflow1 ,new ,mexico7 acquired by the ,united ,states1 as described in subsection 7b77#a74 7,b7 ,part of ,navajo ,nation ,the land taken into trust under subparagraph 7,a7 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 ,tribe4 7,c7 ,restrictions 7i7 ,fee land of the nation ,the fee land of the ,nation taken into trust under subparagraph 7,a77i7 shall be subject to valid existing rights1 contracts1 and management agreements1 including easements and rights-of-way1 unless the holder of the right1 contract1 lease1 permit1 or right-of-way requests an earlier termination in accordance with existing law4 7ii7 ,public domain land 7,i7 ,in general ,the public domain land managed by the ,bureau of ,land ,management taken into trust under subparagraph 7,a77ii7 shall be subject to valid existing rights1 contracts1 leases1 permits1 and rights-of-way1 unless the holder of the right1 contract1 lease1 permit1 or right-of-way requests an earlier termination in accordance with existing law4 7,,ii7 ,,bia assumption of benefits and obligations ,the ,bureau of ,indian ,affairs shall-- 7aa7 assume all benefits and obligations of the previous land management agency under the existing rights1 contracts1 leases1 permits1 or rights-of-way described in subclause 7,i72 and 7bb7 disburse to the ,nation any amounts that accrue to the ,united ,states from those rights1 contracts1 leases1 permits1 or rights-of-ways after the date on which the land described in clause 7ii7 of subparagraph 7,a7 is taken into trust for the benefit of the ,nation from any sale1 bonus1 royalty1 or rental relating to that land in the same manner as amounts received from other land held by the ,secretary in trust for the ,nation4 7iii7 ,land underlying the ,san ,juan ,generating ,station 7,i7 ,in general ,the land underlying the ,san ,juan ,generating ,station 7the coal-fired1 #d-unit electric power plant and ancillary features located by the ,san ,juan ,mine near ,waterflow1 ,new ,mexico7 taken into trust under subparagraph 7,a77iii7 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-- 7aa7 for ingress and egress2 7bb7 to continue construction of the ,project2 and 7cc7 for operation and maintenance of ,project facilities located on that land4 7,,ii7 ,reserved perpetual easement ,the reserved perpetual easement described in subclause 7,i7 shall remain vested in the ,united ,states unless title to the ,project facilities and appropriate interests in land are conveyed pursuant to subsection 7f74 7,,iii7 ,reserved ,federal facilities ,the ,united ,states shall retain ownership of the ,san ,juan ,generating ,station 7the coal-fired1 #d-unit electric power plant and ancillary features located by the ,san ,juan ,mine near ,waterflow1 ,new ,mexico7 water conveyance and storage facilities when the underlying land is taken into trust under subparagraph 7,a77iii7 and title to those facilities shall remain vested in the ,united ,states unless title to those facilities are conveyed pursuant to subsection 7f74 7,d7 ,savings clause ,nothing in this paragraph affects any-- 7i7 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 #bjbe2 and 7ii7 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 #bjbe4 2 7#d7 in subsection 7d77#a77;,d71 by striking ,draft and inserting ,final ,environmental2 7#e7 in subsection 7e7-- 7,a7 by striking ,the ,secretary and inserting the following3 7#a7 ,in general ,the ,secretary 2 and 7,b7 by adding at the end the following3 7#b7 ,renewable energy and hydroelectric power 7,a7 ,renewable energy ,for any portion of the ,project that does not have access to ,colorado ,river ,storage ,project power1 the ,secretary may use not more than #f1bej1jjj of the amounts made available under section #ajfji7;a77#a7 to develop renewable energy4 7,b7 ,hydroelectric power ,notwithstanding whether a ,project facility has access to ,colorado ,river ,storage ,project power1 the ,secretary may use not more than #a1bej1jjj of the #f1bej1jjj authorized to be used to develop renewable energy under subparagraph 7,a7 to develop hydroelectric power for any ,project facility that can use hydraulic head to produce electricity4 2 7#f7 in subsection 7h77#a71 in the matter preceding subparagraph 7,a71 by inserting 1 store1 after treat2 and 7#g7 by adding at the end the following3 7i7 ,deferred construction of ,project facilities 7#a7 ,deferred construction of ,project facilities ,on mutual agreement between the ,nation and the ,secretary1 and the ,jicarilla ,apache ,nation if the deferred ,project facilities benefit the ,jicarilla ,apache ,nation1 construction of selected ,project facilities may be deferred to save operation and maintenance expenses associated with that construction4 7#b7 ,deferred ,construction ,fund 7,a7 ,establishment ,there is established in the ,treasury a fund1 to be known as the ,navajo ,nation's ,navajo-,gallup ,water ,supply ,project ,deferred ,construction ,fund1 to consist of-- 7i7 amounts that correspond to portions of the ,project that have been deferred under paragraph 7#a72 and 7ii7 any interest or other gains on amounts referred to in clause 7i74 7,b7 ,use of the ,deferred ,construction ,fund ,the ,nation may use amounts in the ,deferred ,construction ,fund-- 7i7 to construct ,project facilities that have been deferred under paragraph 7#a72 or 7ii7 to construct alternate facilities agreed on under subparagraph 7,c74 7,c7 ,alternate facilities consistent with the purpose of the ,project ,on agreement between the ,nation and the ,secretary1 and the ,jicarilla ,apache ,nation if the deferred ,project facilities benefit the ,jicarilla ,apache ,nation1 and in compliance with all applicable environmental and cultural resource protection laws1 facilities other than those previously agreed to be deferred under paragraph 7#a7 may be constructed if those alternate facilities are consistent with the purposes of the ,project described in section #ajfja4 7#c7 ,amounts to be deposited ,funds allocated from the amounts made available under section #ajfji7;a77#a7 to build facilities referred to in paragraph 7#a7 shall be deposited into the ,deferred ,construction ,fund4 7#d7 ,adjustments ,on deposit of amounts into the ,deferred ,construction ,fund under paragraph 7#c71 the adjustments to authorized appropriations under section #ajfji7;a77#b7 shall no longer apply to those amounts4 7#e7 ,deadline to construct ,project facilities ,on deposit of all amounts into the ,deferred ,construction ,fund for construction of ,project facilities agreed on under paragraph 7#a71 the ,secretary shall be deemed to have met the obligation under section #ajgja7;e77#a77;,a77ix74 7#f7 ,future construction of ,project facilities ,on agreement between the ,nation and the ,secretary1 and the ,jicarilla ,apache ,nation if the deferred ,project facilities benefit the ,jicarilla ,apache ,nation1 the ,nation shall use amounts deposited into the ,deferred ,construction ,fund to construct-- 7,a7 ,project facilities deferred under paragraph 7#a72 or 7,b7 alternate ,project facilities described in paragraph 7#b77;,c74 4 7b7 ,delivery and use of ,navajo-,gallup water supply project water ,section #ajfjc of the ,northwestern ,new ,mexico ,rural ,water ,projects ,act 7,public ,law #aaa-aa2 #abc ,stat4 #achb7 is amended-- 7#a7 in subsection 7a77#c77;,b7-- 7,a7 in clause 7i71 by inserting or1 if generated on ,city-owned facilities1 by the ,city after the ,nation2 and 7,b7 in clause 7ii71 by inserting 1 except that the ,city shall retain all revenue from the sale of hydroelectric power that is generated on ,city-owned facilities after hydroelectric power2 and 7#b7 in subsection 7g77#b71 by striking 1 except as provided in section #ajfjd7;f74 7c7 ,project contracts ,section #ajfjd of the ,northwestern ,new ,mexico ,rural ,water ,projects ,act 7,public ,law #aaa-aa2 #abc ,stat4 #achh7 is amended-- 7#a7 in subsection 7a77#d71 by striking ,subject to subsection 7f71 the and inserting ,the2 7#b7 in subsection 7b77#c7-- 7,a7 in subparagraph 7,a71 by striking subparagraph 7,b7 and inserting subparagraphs 7,b7 and 7,c72 7,b7 in subparagraph 7,b7-- 7i7 in the subparagraph heading1 by striking ,minimum percentage and inserting ,maximum percentage2 7ii7 by striking at least #be percent and inserting not more than #be percent2 and 7iii7 by striking 1 but shall in no event exceed #ce percent2 and 7,c7 by adding at the end the following3 7,c7 ,maximum repayment obligation ,the repayment obligation of the ,city referred to in subparagraphs 7,a7 and 7,b7 shall not exceed #gf1jjj1jjj4 2 7#c7 in subsection 7c77#a77;,b71 by inserting subsection 7f7 and before section #ajfjc7;g72 7#d7 in subsection 7d77#a71 by striking ,draft and inserting ,final ,environmental2 7#e7 in subsection 7e71 by striking ,draft and inserting ,final ,environmental2 7#f7 by striking subsection 7f72 and 7#g7 by redesignating subsection 7g7 as subsection 7f74 7d7 ,authorization of appropriations ,section #ajfji of the ,northwestern ,new ,mexico ,rural ,water ,projects ,act 7,public ,law #aaa-aa2 #abc ,stat4 #acie2 #abi ,stat4 #ebh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking #hgj1jjj1jjj for the period of fiscal years #bjji through #bjbd and inserting #b1age1jjj1jjj for the period of fiscal years #bjji through #bjbi2 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,adjustments 7,a7 ,in general ,the amount under paragraph 7#a7 shall be adjusted by such amounts as may be required-- 7i7 by reason of changes since ,october #bjbb in construction cost changes in applicable regulatory standards1 as indicated by engineering cost indices applicable to the types of construction involved2 and 7ii7 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 7i71 as determined by the ,secretary1 including repricing applicable to the types of construction and current industry standards involved4 7,b7 ,deferred ,construction ,fund ,amounts deposited in the ,deferred ,construction ,fund shall not be adjusted pursuant to this paragraph4 2 and 7,c7 in paragraph 7#d77;,b71 by striking #aj years and inserting #ae years2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking #cj1jjj1jjj1 as adjusted under paragraph 7#c71 for the period of fiscal years #bjji through #bjai and inserting #cg1ejj1jjj1 as adjusted under paragraph 7#c71 for the period of fiscal years #bjji through #bjcb2 7,b7 in paragraph 7#b71 by striking #bjbd and inserting #bjcb2 and 7,c7 in paragraph 7#c71 by striking ,the amount under paragraph 7#a7 and inserting ,the amount under paragraphs 7#a7 and 7#b74 7e7 ,taxation of construction1 operation1 and maintenance of ,project facilities 7#a7 ,in general ,part ,,iii of the ,northwestern ,new ,mexico ,rural ,water ,projects ,act 7,public ,law #aaa-aa2 #abc ,stat4 #acgi7 is amended by adding at the end the following3 #ajfaj4 ,taxation of construction1 operation1 and maintenance of ,project facilities 7a7 ,nation land ,any activity constituting the construction1 operation1 or maintenance of ,project facilities-- 7#a7 shall1 if the activity takes place on land that is held in trust by the ,united ,states for the benefit of the ,nation1 be subject to taxation by the ,nation2 and 7#b7 shall not be subject to any fee1 tax1 assessment1 levy1 or other charge imposed by any ,state or political subdivision of a ,state4 7b7 ,other land ,any activity constituting the construction1 operation1 or maintenance of ,project facilities-- 7#a7 shall1 if the activity takes place on land other than the land described in subsection 7a77#a71 be subject to taxation by the ,state in which the land is located1 or by a political subdivision of that ,state to the extent authorized by the laws of that ,state2 and 7#b7 shall not be subject to any fee1 tax1 assessment1 levy1 or other charge imposed by the ,nation4 4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #iia7 is amended by inserting after the item relating to section #ajfji the following3 ,sec4 #ajfaj4 ,taxation of construction1 operation1 and maintenance of ,project facilities4 4 #d4 ,navajo ,nation water rights 7a7 ,agreement ,section #ajgja7;e7 of the ,northwestern ,new ,mexico ,rural ,water ,projects ,act 7,public ,law #aaa-aa2 #abc ,stat4 #adjj2 #abi ,stat4 #ebh7 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 by striking clause 7vii7 and inserting the following3 7vii7 ,navajo nation water resources development trust fund ,not later than ,december #ca1 #bjai1 the ,united ,states shall make all deposits into the ,navajo ,nation ,water ,resources ,development ,trust ,fund established by section #ajgjb7;a77#a74 2 7,b7 in clause 7viii71 by striking #bjai and inserting #bjcb2 7,c7 in clause 7ix71 by striking #bjbd and inserting #bjbi2 and 7,d7 by adding at the end the following3 7x7 ,deferred ,construction ,fund 7,i7 ,in general ,not later than ,december #ca1 #bjbi1 the ,united ,states shall make all deposits into the ,deferred ,construction ,fund in accordance with section #ajfjb7;i77#c74 7,,ii7 ,project deadline ,on deposit of the amounts into the ,deferred ,construction ,fund under subclause 7,i71 even if certain ,project facilities have not yet been constructed1 the ,secretary shall be deemed to have met the deadline described in clause 7ix74 2 and 7#b7 in paragraph 7#b77;,b7-- 7,a7 in clause 7i71 by striking ,trust ,fund and inserting ,settlement ,trust ,funds2 and 7,b7 in clause 7ii71 by striking ,trust ,fund and inserting ,settlement ,trust ,funds4 7b7 ,settlement trust funds 7#a7 ,in general ,section #ajgjb of the ,northwestern ,new ,mexico ,rural ,water ,projects ,act 7,public ,law #aaa-aa2 #abc ,stat4 #adjb7 is amended to read as follows3 #ajgjb4 ,settlement trust funds 7a7 ,navajo nation water resources development trust fund 7#a7 ,establishment ,there is established in the ,treasury a fund1 to be known as the ,navajo ,nation ,water ,resources ,development ,trust ,fund1 consisting of-- 7,a7 such amounts as are appropriated to the ,navajo ,nation ,water ,resources ,development ,trust ,fund under paragraph 7#e72 and 7,b7 any interest earned on investment of amounts in the ,navajo ,nation ,water ,resources ,development ,trust ,fund under paragraph 7#c74 7#b7 ,use of funds ,the ,nation may use amounts in the ,navajo ,nation ,water ,resources ,development ,trust ,fund-- 7,a7 to investigate1 construct1 operate1 maintain1 or replace water project facilities1 including facilities conveyed to the ,nation under this subtitle and facilities owned by the ,united ,states for which the ,nation is responsible for operation1 maintenance1 and replacement costs2 and 7,b7 to investigate1 implement1 or improve a water conservation measure 7including a metering or monitoring activity7 necessary for the ,nation to make use of a water right of the ,nation under the ,agreement4 7#c7 ,investment ,beginning on ,october #a1 #bjai1 the ,secretary shall invest amounts in the ,navajo ,nation ,water ,resources ,development ,trust ,fund in accordance with subsection 7e74 7#d7 ,investment earnings ,any investment earnings1 including interest1 credited to amounts held in the ,navajo ,nation ,water ,resources ,development ,trust ,fund are authorized to be used in accordance with paragraph 7#b74 7#e7 ,authorization of appropriations ,there are authorized to be appropriated for deposit in the ,navajo ,nation ,water ,resources ,development ,trust ,fund-- 7,a7 #f1jjj1jjj for each of fiscal years #bjaj through #bjad2 and 7,b7 #d1jjj1jjj for each of fiscal years #bjae through #bjai4 7#f7 ,availability ,any amount authorized to be appropriated to the ,navajo ,nation ,water ,resources ,development ,trust ,fund under paragraph 7#e7 shall not be available for expenditure or withdrawal-- 7,a7 before ,december #ca1 #bjai2 and 7,b7 until the date on which the court in the stream adjudication has entered-- 7i7 the ,partial ,final ,decree2 and 7ii7 the ,supplemental ,partial ,final ,decree4 7#g7 ,management ,the ,secretary shall manage the ,navajo ,nation ,water ,resources ,development ,trust ,fund in accordance with subsection 7d74 7#h7 ,conditions for expenditure and withdrawal ,after the funds become available pursuant to paragraph 7#f71 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 7f74 7b7 ,navajo nation operations1 maintenance1 and replacement trust fund 7#a7 ,establishment ,the ,secretary shall establish a trust fund to be known as the ,navajo ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund for the purposes set forth in paragraph 7#b71 to be managed1 invested1 and distributed by the ,secretary1 and to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury1 consisting of the amounts deposited in the trust fund under paragraph 7#c71 together with any interests earned on those amounts under paragraph 7#d74 7#b7 ,use of funds ,the ,nation may use amounts in the ,navajo ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund to pay operation1 maintenance1 and replacement costs of the ,project allocable to the ,nation under section #ajfjd4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated for deposit in the ,navajo ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund #bej1jjj1jjj4 7#d7 ,investment ,upon deposit of funding into the ,navajo ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund pursuant to paragraph 7#c71 the ,secretary shall invest amounts deposited in accordance with subsection 7e74 7#e7 ,investment earnings ,any investment earnings1 including interest1 credited to amounts held in the ,navajo ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund are authorized to be used in accordance with paragraph 7#b74 7#f7 ,availability ,any amount authorized to be appropriated to the ,navajo ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund under paragraph 7#c7 shall not be available for expenditure or withdrawal until the ,nation is responsible for payment of operation1 maintenance1 and replacement costs as set forth in section #ajfjc7;g74 7#g7 ,fluctuation in costs 7,a7 ,in general ,the amounts authorized to be appropriated under paragraph 7#c7 shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after ,october #bjbb as indicated by the ,bureau of ,reclamation ,operation and ,maintenance ,cost ,index4 7,b7 ,repetition ,the adjustment process under this subparagraph shall be repeated for each subsequent amount appropriated until the amount authorized1 as adjusted1 has been appropriated4 7,c7 ,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 ,operations1 ,maintenance1 and ,replacement ,trust ,fund4 7#h7 ,management ,the ,secretary shall manage the ,navajo ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund in accordance with subsection 7d74 7#i7 ,conditions for expenditure and withdrawal ,all expenditures and withdrawals by the ,nation of funds in the ,navajo ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund must comply with the requirements of subsection 7f74 7c7 ,jicarilla apache nation operations1 maintenance1 and replacement trust fund 7#a7 ,prerequisite to establishment ,prior to establishment of the trust fund under paragraph 7#b71 the ,secretary shall conduct an ,ability to ,pay study to determine what operation1 maintenance1 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 pay4 7#b7 ,establishment ,upon completion of the ,ability to ,pay study as set forth in paragraph 7#a71 the ,secretary shall establish a trust fund to be known as the ,jicarilla ,apache ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund for the purposes set forth in paragraph 7#c71 to be managed1 invested1 and distributed by the ,secretary and to remain available until expended1 withdrawn1 or reverted to the general fund of the ,treasury1 consisting of the amounts deposited in the trust fund under paragraph 7#d71 together with any interests earned on those amounts under paragraph 7#e74 7#c7 ,use of funds ,the ,jicarilla ,apache ,nation may use amounts in the ,jicarilla ,apache ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund to pay operation1 maintenance1 and replacement costs of the ,project allocable to the ,jicarilla ,nation under section #ajfjd4 7#d7 ,authorization of appropriations ,there are authorized to be appropriated for deposit in the ,jicarilla ,apache ,nation ,operations1 ,maintenance1 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 7#a7 up to a maximum of #aj1jjj1jjj4 7#e7 ,investment ,upon deposit of funding into the ,jicarilla ,apache ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund pursuant to paragraph 7#d71 the ,secretary shall invest amounts in the fund in accordance with subsection 7e74 7#f7 ,investment earnings ,any investment earnings1 including interest1 credited to amounts held in the ,jicarilla ,apache ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund are authorized to be used in accordance with paragraph 7#c74 7#g7 ,availability ,any amount authorized to be appropriated to the ,jicarilla ,apache ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund under paragraph 7#d7 shall not be available for expenditure or withdrawal until the ,jicarilla ,apache ,nation is responsible for payment of operation1 maintenance1 and replacement costs as set forth in section #ajfjc7;g74 7#h7 ,fluctuation in costs 7,a7 ,in general ,the amounts authorized to be appropriated under paragraph 7#d7 shall be increased or decreased1 as appropriate1 by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after ,october #bjbb as indicated by the ,bureau of ,reclamation ,operation and ,maintenance ,cost ,index4 7,b7 ,repetition ,the adjustment process under this subparagraph shall be repeated for each subsequent amount appropriated until the amount authorized1 as adjusted1 has been appropriated4 7,c7 ,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 ,operations1 ,maintenance1 and ,replacement ,trust ,fund4 7#i7 ,management ,the ,secretary shall manage the ,jicarilla ,apache ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund in accordance with subsection 7d74 7#aj7 ,conditions for expenditure and withdrawal ,all expenditures and withdrawals by the ,jicarilla ,apache ,nation of funds in the ,jicarilla ,apache ,nation ,operations1 ,maintenance1 and ,replacement ,trust ,fund must comply with the requirements of subsection 7f74 7d7 ,management ,the ,secretary shall manage the ,settlement ,trust ,funds1 invest amounts in the ,settlement ,trust ,funds pursuant to subsection 7e71 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 #aiid 7#be ,u4,s4,c4 #djja et seq474 7e7 ,investment of the trust funds ,the ,secretary shall invest amounts in the ,settlement ,trust ,funds in accordance with-- 7#a7 the ,act of ,april #a1 #ahhj 7#be ,u4,s4,c4 #afa72 7#b7 the first section of the ,act of ,june #bd1 #aich 7#be ,u4,s4,c4 #afb;a72 and 7#c7 the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq474 7f7 ,conditions for expenditures and withdrawals 7#a7 ,tribal management plan 7,a7 ,in general ,on approval by the ,secretary of a ,tribal management plan in accordance with the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq471 the ,nation and the ,jicarilla ,apache ,nation may withdraw all or a portion of the amounts in the ,settlement ,trust ,funds4 7,b7 ,requirements ,in addition to any requirements under the ,american ,indian ,trust ,fund ,management ,reform ,act of #aiid 7#be ,u4,s4,c4 #djja et seq471 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 7a77#b71 7b77#b71 or 7c77#c71 as applicable4 7#b7 ,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 subtitle4 7#c7 ,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 ,nation4 7#d7 ,expenditure plan 7,a7 ,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 subsection4 7,b7 ,description ,an expenditure plan submitted under subparagraph 7,a7 shall describe the manner in which1 and the purposes for which1 funds of the ,nation or the ,jicarilla ,apache ,nation remaining in the ,settlement ,trust ,funds will be used4 7,c7 ,approval ,on receipt of an expenditure plan under subparagraph 7,a71 the ,secretary shall approve the plan if the ,secretary determines that the plan is reasonable and consistent with this subtitle4 7#e7 ,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 report4 7#f7 ,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 basis4 4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #iia7 is amended by striking the item relating to section #ajgjb and inserting the following3 ,sec4 #ajgjb4 ,settlement trust funds4 4 7c7 ,waivers and releases ,section #ajgjc of the ,northwestern ,new ,mexico ,rural ,water ,projects ,act 7,public ,law #aaa-aa2 #abc ,stat4 #adjc7 is amended-- 7#a7 in subsection 7d77#a77;,a71 by striking #bjbe and inserting #bjcj2 and 7#b7 in subsection 7e77#b71 in the matter preceding subparagraph 7,a71 by striking #bjbe and inserting #bjcj4 #e4 ,non-,project water for use in the ,state of ,utah ,section #ajfjb7;h7 of the ,northwestern ,new ,mexico ,rural ,water ,projects ,act 7,public ,law #aaa-aa2 #abc ,stat4 #achb7 is amended-- 7#a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking paragraph 7#b7 and inserting paragraph 7#c72 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,conveyance of non-,project water to the ,state of ,utah 7,a7 ,definitions ,in this paragraph3 7i7 ,navajo_/,utah ,settlement ,agreement ,the term ,navajo_/,utah ,settlement ,agreement means the agreement entitled ,navajo ,nation_/,state of ,utah ,water ,rights ,settlement ,agreement1 dated ,may #bg1 #bjbb1 and authorized by section #aajb of title ,,xi of division ,,ff of ,public ,law #aaf-bfj 7#acd ,stat4 #cbbd74 7ii7 ,navajo-,utah water rights ,the term ,navajo-,utah water rights has the meaning given the term ,navajo water rights in section #aajb7;b7 of title ,,xi of division ,,ff of ,public ,law #aaf-bfj 7#acd ,stat4 #cbbe74 7,b7 ,in general ,subject to paragraph 7#a71 the ,nation may provide non-,project water to communities of the ,nation in the ,state of ,utah1 subject to the conditions that-- 7i7 not more than #b1jjj acre-feet per year of non-,project water may be treated1 stored1 or conveyed through ,project and non-,project infrastructure for the benefit of those communities2 7ii7 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-- 7,i7 be considered part of the ,navajo-,utah water rights as quantified in section #aajb7;d77#a77;,a7 of title ,,xi of division ,,ff of ,public ,law #aaf-bfj 7#acd ,stat4 #cbbg72 and 7,,ii7 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 ,agreement2 7iii7 ,project funds shall not be used to design1 plan1 construct1 operate1 maintain1 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 7non-,project infrastructure72 7iv7 the share of any ,project ,participants' ,project operation1 maintenance1 and replacement costs shall not be increased in connection with the use of non-,project infrastructure2 7v7 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 construct1 operate1 maintain1 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-- 7,i7 section #aajb of title ,,xi of division ,,ff of ,public ,law #aaf-bfj 7#acd ,stat4 #cbbd72 7,,ii7 section #g of the ,act of ,august #e1 #aied 7#db ,u4,s4,c4 #bjjd;a72 and 7,,iii7 the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afja et seq472 7vi7 efforts associated with providing non-,project water to those communities shall not delay the ,project1 or any component of the ,project1 in a manner that would be prejudicial to any ,project ,participant2 and 7vii7 in addition to the requirements of this paragraph1 delivery of non-,project water under this paragraph is subject to-- 7,i7 the terms of the ,navajo_/,utah ,settlement ,agreement2 7,,ii7 the ,state of ,utah issuing a decreed water right pursuant to the terms of the ,navajo_/,utah ,settlement ,agreement2 7,,iii7 the ,state of ,utah not incurring additional financial obligations beyond those identified in the ,navajo_/,utah ,settlement ,agreement2 and 7,,iv7 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 ,agreement4 7,c7 ,clarification ,the ,state of ,new ,mexico shall have no responsibility or obligation to provide-- 7i7 non-,project water to communities of the ,nation in the ,state of ,utah under this paragraph2 or 7ii7 any funding under this paragraph4 4