Indian Water Rights Settlement Extension Act

116TH CONGRESS 2D SESSION S. 886 AN ACT To amend the Omnibus Public Land Management Act of 2009 to make the Reclamation Water Settlements Fund permanent. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 2 † S 886 ES SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Indian Water Rights 2 Settlement Extension Act’’. 3 SEC. 2. TRIBAL WATER RIGHTS. 4 (a) DEFINITION OF 611(g) AGREEMENT.—Section 5 602 of the Aamodt Litigation Settlement Act (Public Law 6 111–291; 124 Stat. 3134) is amended— 7 (1) by redesignating paragraphs (1) through 8 (23) as paragraphs (2) through (24), respectively; 9 and 10 (2) by inserting before paragraph (2) (as so re- 11 designated) the following: 12 ‘‘(1) 611(g) AGREEMENT.—The term ‘611(g) 13 Agreement’ means the agreement dated July 2, 14 2019, to be executed by the United States, the 15 State, the Pueblos, the County, and the City pursu- 16 ant to section 611(g).’’. 17 (b) FINAL PROJECT DESIGN.—Section 611(b) of the 18 Aamodt Litigation Settlement Act (Public Law 111–291; 19 124 Stat. 3137) is amended, in the matter preceding para- 20 graph (1), by striking ‘‘within 90 days of’’ and inserting 21 ‘‘as soon as feasible after’’. 22 (c) CONSTRUCTION COSTS FOR PUEBLO WATER FA- 23 CILITIES.—Section 611(f) of the Aamodt Litigation Set- 24 tlement Act (Public Law 111–291; 124 Stat. 3138) is 25 amended— 26 3 † S 886 ES (1) in paragraph (1)— 1 (A) in subparagraph (A), by striking 2 ‘‘$106,400,000’’ and inserting ‘‘$243,400,000’’; 3 and 4 (B) by striking subparagraph (B) and in- 5 serting the following: 6 ‘‘(B) EXCEPTION.—Of the amount de- 7 scribed in subparagraph (A)— 8 ‘‘(i) the initial $106,400,000 shall be 9 increased or decreased, as appropriate, 10 based on ordinary fluctuations in construc- 11 tion costs since October 1, 2006, as deter- 12 mined using applicable engineering cost in- 13 dices; and 14 ‘‘(ii) any amounts made available in 15 excess of the amount described in clause 16 (i) shall be increased or decreased, as ap- 17 propriate, based on ordinary fluctuations 18 in construction costs since October 1, 19 2018, as determined using applicable engi- 20 neering cost indices.’’; and 21 (2) in paragraph (3), by inserting ‘‘and the 22 611(g) Agreement’’ after ‘‘the Cost-Sharing and 23 System Integration Agreement’’. 24 4 † S 886 ES (d) FUNDING FOR REGIONAL WATER SYSTEM.—Sec- 1 tion 617(a)(1) of the Aamodt Litigation Settlement Act 2 (Public Law 111–291; 124 Stat. 3147) is amended— 3 (1) in subparagraph (B)— 4 (A) by striking the period at the end and 5 inserting ‘‘; and’’; 6 (B) by striking ‘‘section 616 $50,000,000’’ 7 and inserting the following: ‘‘section 616— 8 ‘‘(i) $50,000,000’’; and 9 (C) by adding at the end the following: 10 ‘‘(ii) subject to the availability of ap- 11 propriations and in addition to the 12 amounts made available under clause (i), 13 $137,000,000, as adjusted under para- 14 graph (4), for the period of fiscal years 15 2021 through 2028.’’; and 16 (2) by adding at the end the following: 17 ‘‘(C) PROHIBITION.—Notwithstanding any 18 other provision of law, any additional amounts 19 made available under subparagraph (B)(ii) shall 20 not be made available from the Reclamation 21 Water Settlements Fund established by section 22 10501(a) of the Omnibus Public Land Manage- 23 ment Act of 2009 (43 U.S.C. 407(a)).’’. 24 5 † S 886 ES (e) ADJUSTMENT.—Section 617(a)(4) of the Aamodt 1 Litigation Settlement Act (Public Law 111–291; 124 Stat. 2 3147) is amended— 3 (1) by striking ‘‘The amounts’’ and inserting 4 the following: 5 ‘‘(A) IN GENERAL.—The amounts’’; 6 (2) in subparagraph (A) (as so designated), by 7 striking ‘‘since October 1, 2006, as determined using 8 applicable engineering cost indices’’ and inserting 9 ‘‘pursuant to section 611(f)(1)(B)’’; and 10 (3) by inserting at the end the following: 11 ‘‘(B) PROHIBITION.—Notwithstanding any 12 other provision of law, any additional amounts 13 made available as a result of this paragraph, as 14 compared to this paragraph as in effect on the 15 day before the date of enactment of this sub- 16 paragraph, shall— 17 ‘‘(i) be subject to the availability of 18 appropriations; and 19 ‘‘(ii) not be made available from the 20 Reclamation Water Settlements Fund es- 21 tablished by section 10501(a) of the Omni- 22 bus Public Land Management Act of 2009 23 (43 U.S.C. 407(a)).’’. 24 6 † S 886 ES (f) EXECUTION OF AGREEMENT UNDER SECTION 1 611(g).—Section 621 of the Aamodt Litigation Settle- 2 ment Act (Public Law 111–291; 124 Stat. 3149) is 3 amended by striking subsections (a) and (b) and inserting 4 the following: 5 ‘‘(a) APPROVAL.—To the extent the Settlement 6 Agreement, the Cost-Sharing and System Integration 7 Agreement, and the 611(g) Agreement do not conflict with 8 this title, the Settlement Agreement, the Cost-Sharing and 9 System Integration Agreement, and the 611(g) Agreement 10 (including any amendments to the Settlement Agreement, 11 the Cost-Sharing and System Integration Agreement, and 12 the 611(g) Agreement that are executed to make the Set- 13 tlement Agreement, the Cost-Sharing and System Integra- 14 tion Agreement, or the 611(g) Agreement consistent with 15 this title) are authorized, ratified, and confirmed. 16 ‘‘(b) EXECUTION.—To the extent the Settlement 17 Agreement, the Cost-Sharing and System Integration 18 Agreement, and the 611(g) Agreement do not conflict with 19 this title, the Secretary shall execute the Settlement 20 Agreement, the Cost-Sharing and System Integration 21 Agreement, and the 611(g) Agreement (including any 22 amendments that are necessary to make the Settlement 23 Agreement, the Cost-Sharing and System Integration 24 7 † S 886 ES Agreement, or the 611(g) Agreement consistent with this 1 title).’’. 2 (g) REQUIREMENTS FOR DETERMINATION OF SUB- 3 STANTIAL COMPLETION OF THE REGIONAL WATER SYS- 4 TEM.—Section 623(e) of the Aamodt Litigation Settle- 5 ment Act (Public Law 111–291; 124 Stat. 3151) is 6 amended— 7 (1) by striking paragraph (1) and inserting the 8 following: 9 ‘‘(1) CRITERIA FOR SUBSTANTIAL COMPLETION 10 OF REGIONAL WATER SYSTEM.—Subject to the pro- 11 visions of section 611(d) concerning the extent, size, 12 and capacity of the County Distribution System, the 13 Regional Water System shall be determined to be 14 substantially completed if— 15 ‘‘(A) the infrastructure has been con- 16 structed capable of— 17 ‘‘(i) diverting, treating, transmitting, 18 and distributing a supply of 2,500 acre- 19 feet of water to the Pueblos consistent with 20 the Engineering Report (as amended by 21 the 611(g) Agreement and the Operating 22 Agreement); and 23 ‘‘(ii) diverting, treating, and transmit- 24 ting the quantity of water specified in the 25 8 † S 886 ES Engineering Report to the County Dis- 1 tribution System and consistent with the 2 Engineering Report (as amended by the 3 611(g) Agreement and the Operating 4 Agreement); or 5 ‘‘(B) the Secretary— 6 ‘‘(i) issues a notice to proceed author- 7 izing the commencement of Phase I con- 8 struction of the Regional Water System by 9 December 31, 2019, and subsequently 10 commences construction of the Regional 11 Water System; 12 ‘‘(ii) diligently proceeds to construct 13 the Regional Water System in accordance 14 with the Engineering Report (as amended 15 by the 611(g) Agreement), on a schedule 16 for completion by June 30, 2028; 17 ‘‘(iii) expends all of the available 18 funding provided to construct the Regional 19 Water System under section 611(f)(1)(A), 20 in the Cost-Sharing and System Integra- 21 tion Agreement, and in the 611(g) Agree- 22 ment; 23 ‘‘(iv) complies with the terms of the 24 611(g) Agreement; and 25 9 † S 886 ES ‘‘(v) despite diligent efforts cannot 1 complete construction of the Regional 2 Water System as described in the final En- 3 gineering Report (as amended by the 4 611(g) Agreement), due solely to the lack 5 of additional authorized funding.’’; 6 (2) in paragraph (2)— 7 (A) by striking ‘‘2021’’ and inserting 8 ‘‘2025’’; and 9 (B) by striking ‘‘2024’’ and inserting 10 ‘‘2028’’; 11 (3) in paragraph (3), in the matter preceding 12 subparagraph (A), by striking ‘‘2021’’ and inserting 13 ‘‘2025’’; 14 (4) in paragraph (4)(B)(ii)(II), by striking 15 ‘‘2023’’ and inserting ‘‘2027’’; and 16 (5) in paragraph (5)(A), by striking ‘‘2024’’ 17 and inserting ‘‘2028’’. 18 SEC. 3. KICKAPOO TRIBE. 19 (a) DEFINITION OF UPPER DELAWARE AND TRIBU- 20 TARIES WATERSHED PLAN.—In this section, the term 21 ‘‘Upper Delaware and Tributaries Watershed Plan’’ 22 means the plan described in the document entitled ‘‘Wa- 23 tershed Plan and Environmental Impact Statement Upper 24 Delaware and Tributaries Watershed Atchison, Brown, 25 10 † S 886 ES Jackson, and Nemaha Counties, Kansas’’, dated January 1 1994, and supplemented in June 1994— 2 (1) developed, pursuant to the Watershed Pro- 3 tection and Flood Prevention Act (16 U.S.C. 1001 4 et seq.)— 5 (A) by the Kickapoo Tribe, certain water- 6 shed and conservation districts in the State of 7 Kansas, and the Department of Wildlife and 8 Parks of the State of Kansas; and 9 (B) with the cooperation and technical as- 10 sistance of the Natural Resources Conservation 11 Service; and 12 (2) described in the report of the Committee on 13 Environment and Public Works of the Senate (Sen- 14 ate Report 105–13; April 22, 1997). 15 (b) STUDY; RECOMMENDATIONS.—To support the 16 purposes of achieving a fair, equitable, and final settle- 17 ment of claims to water rights for the Kickapoo Tribe in 18 the State of Kansas, the Secretary of Agriculture (acting 19 through the Chief of the Natural Resources Conservation 20 Service), in consultation with the Secretary of the Interior 21 (acting through the Director of the Secretary’s Indian 22 Water Rights Office), shall— 23 11 † S 886 ES (1) commence a study of the multipurpose dam 1 described in the Upper Delaware and Tributaries 2 Watershed Plan; and 3 (2) not later than 2 years after the date of en- 4 actment of this Act, make recommendations to Con- 5 gress with respect to the material alterations or 6 changes to the Upper Delaware and Tributaries Wa- 7 tershed Plan that are necessary to effectuate, in 8 part, the Tribal water rights agreed to by the Kick- 9 apoo Tribe and the State of Kansas on September 10 9, 2016, in the Kickapoo Tribe Water Rights Settle- 11 ment Agreement, which otherwise remains subject to 12 approval and authorization by Congress. 13 SEC. 4. NAVAJO-UTAH WATER RIGHTS SETTLEMENT. 14 (a) PURPOSES.—The purposes of this section are— 15 (1) to achieve a fair, equitable, and final settle- 16 ment of all claims to water rights in the State of 17 Utah for— 18 (A) the Navajo Nation; and 19 (B) the United States, for the benefit of 20 the Nation; 21 (2) to authorize, ratify, and confirm the agree- 22 ment entered into by the Nation and the State, to 23 the extent that the agreement is consistent with this 24 section; 25 12 † S 886 ES (3) to authorize and direct the Secretary— 1 (A) to execute the agreement; and 2 (B) to take any actions necessary to carry 3 out the agreement in accordance with this sec- 4 tion; and 5 (4) to authorize funds necessary for the imple- 6 mentation of the agreement and this section. 7 (b) DEFINITIONS.—In this section: 8 (1) AGREEMENT.—The term ‘‘agreement’’ 9 means— 10 (A) the document entitled ‘‘Navajo Utah 11 Water Rights Settlement Agreement’’ dated De- 12 cember 14, 2015, and the exhibits attached 13 thereto; and 14 (B) any amendment or exhibit to the docu- 15 ment or exhibits referenced in subparagraph 16 (A) to make the document or exhibits consistent 17 with this section. 18 (2) ALLOTMENT.—The term ‘‘allotment’’ means 19 a parcel of land— 20 (A) granted out of the public domain that 21 is— 22 (i) located within the exterior bound- 23 aries of the Reservation; or 24 13 † S 886 ES (ii) Bureau of Indian Affairs parcel 1 number 792 634511 in San Juan County, 2 Utah, consisting of 160 acres located in 3 Township 41S, Range 20E, sections 11, 4 12, and 14, originally set aside by the 5 United States for the benefit of an indi- 6 vidual identified in the allotting document 7 as a Navajo Indian; and 8 (B) held in trust by the United States— 9 (i) for the benefit of an individual, in- 10 dividuals, or an Indian Tribe other than 11 the Navajo Nation; or 12 (ii) in part for the benefit of the Nav- 13 ajo Nation as of the enforceability date. 14 (3) ALLOTTEE.—The term ‘‘allottee’’ means an 15 individual or Indian Tribe with a beneficial interest 16 in an allotment held in trust by the United States. 17 (4) ENFORCEABILITY DATE.—The term ‘‘en- 18 forceability date’’ means the date on which the Sec- 19 retary publishes in the Federal Register the state- 20 ment of findings described in subsection (g)(1). 21 (5) GENERAL STREAM ADJUDICATION.—The 22 term ‘‘general stream adjudication’’ means the adju- 23 dication pending, as of the date of enactment of this 24 Act, in the Seventh Judicial District in and for 25 14 † S 886 ES Grand County, State of Utah, commonly known as 1 the ‘‘Southeastern Colorado River General Adjudica- 2 tion’’, Civil No. 810704477, conducted pursuant to 3 State law. 4 (6) INJURY TO WATER RIGHTS.—The term ‘‘in- 5 jury to water rights’’ means an interference with, 6 diminution of, or deprivation of water rights under 7 Federal or State law, excluding injuries to water 8 quality. 9 (7) MEMBER.—The term ‘‘member’’ means any 10 person who is a duly enrolled member of the Navajo 11 Nation. 12 (8) NAVAJO NATION OR NATION.—The term 13 ‘‘Navajo Nation’’ or ‘‘Nation’’ means a body politic 14 and federally recognized Indian nation, as published 15 on the list established under section 104(a) of the 16 Federally Recognized Indian Tribe List Act of 1994 17 (25 U.S.C. 5131(a)), also known variously as the 18 ‘‘Navajo Nation’’, the ‘‘Navajo Nation of Arizona, 19 New Mexico, & Utah’’, and the ‘‘Navajo Nation of 20 Indians’’ and other similar names, and includes all 21 bands of Navajo Indians and chapters of the Navajo 22 Nation and all divisions, agencies, officers, and 23 agents thereof. 24 15 † S 886 ES (9) NAVAJO WATER DEVELOPMENT 1 PROJECTS.—The term ‘‘Navajo water development 2 projects’’ means projects for domestic municipal 3 water supply, including distribution infrastructure, 4 and agricultural water conservation, to be con- 5 structed, in whole or in part, using monies from the 6 Navajo Water Development Projects Account. 7 (10) NAVAJO WATER RIGHTS.—The term ‘‘Nav- 8 ajo water rights’’ means the Nation’s water rights in 9 Utah described in the agreement and this section. 10 (11) OM&R.—The term ‘‘OM&R’’ means oper- 11 ation, maintenance, and replacement. 12 (12) PAR [Text truncated for display. 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