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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 886 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 397
116th CONGRESS
  1st Session
                                 S. 886

                          [Report No. 116-189]

  To amend the Omnibus Public Land Management Act of 2009 to make the 
             Reclamation Water Settlements Fund permanent.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2019

Mr. Udall (for himself, Mr. Heinrich, and Ms. Cortez Masto) introduced 
the following bill; which was read twice and referred to the Committee 
                    on Energy and Natural Resources

                 May 23 (legislative day, May 22), 2019

    Committee discharged; referred to the Committee on Indian Affairs

                           December 19, 2019

               Reported by Mr. Hoeven, 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 2009 to make the 
             Reclamation Water Settlements Fund permanent.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Indian Water Rights 
Settlement Extension Act''.</DELETED>

<DELETED>SEC. 2. RECLAMATION WATER SETTLEMENTS FUND.</DELETED>

<DELETED>    Section 10501 of the Omnibus Public Land Management Act of 
2009 (43 U.S.C. 407) is amended--</DELETED>
        <DELETED>    (1) in subsection (b)(1), by striking ``For each 
        of fiscal years 2020 through 2029'' and inserting ``For fiscal 
        year 2020 and each fiscal year thereafter'';</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (1)(A), by striking ``for 
                each of fiscal years 2020 through 2034'' and inserting 
                ``for fiscal year 2020 and each fiscal year 
                thereafter''; and</DELETED>
                <DELETED>    (B) in paragraph (3)(C), by striking ``for 
                any authorized use'' and all that follows through the 
                period at the end and inserting ``for any use 
                authorized under paragraph (2).''; and</DELETED>
        <DELETED>    (3) by striking subsection (f).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Water Rights Settlement 
Extension Act''.

SEC. 2. RECLAMATION WATER SETTLEMENTS FUND.

    Section 10501 of the Omnibus Public Land Management Act of 2009 (43 
U.S.C. 407) is amended--
            (1) in subsection (b)(1), by striking ``fiscal years 2020 
        through 2029'' and inserting ``fiscal years 2020 through 
        2039'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking subparagraph (A) 
                and inserting the following:
                    ``(A) Expenditures.--
                            ``(i) In general.--Subject to subparagraph 
                        (B)--
                                    ``(I) for each of fiscal years 2020 
                                through 2029, the Secretary may expend 
                                from the Fund an amount not to exceed 
                                $120,000,000, plus the interest accrued 
                                from the Fund, for the fiscal year in 
                                which expenditures are made pursuant to 
                                paragraphs (2) and (3); and
                                    ``(II) subject to clause (ii), for 
                                each of fiscal years 2030 through 2044, 
                                the Secretary may expend from the Fund 
                                an amount not to exceed $120,000,000, 
                                plus the interest accrued in the Fund, 
                                for the fiscal year in which 
                                expenditures are made pursuant to 
                                paragraph (2).
                            ``(ii) Limitation.--Of the amount described 
                        in clause (i)(II) for each of fiscal years 2030 
                        through 2044, the Secretary may expend an 
                        amount not to exceed $90,000,000 for an 
                        individual Indian water rights settlement, 
                        unless the Secretary determines that an 
                        expenditure of more than $90,000,000 would not 
                        adversely affect the funding of the 
                        implementation of other congressionally 
                        approved settlement agreements.'';
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``litigation involving 
                the United States, if the settlement agreement or 
                implementing legislation requires the Bureau of 
                Reclamation'' and inserting ``claims concerning Indian 
                water resources, if the settlement agreement or 
                implementing legislation authorizes the Secretary''; 
                and
                    (C) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i)--
                                            (aa) in subclause (I), by 
                                        striking ``the entire period in 
                                        which the Fund is in 
                                        existence'' and inserting ``the 
                                        period of fiscal years 2020 
                                        through 2029''; and
                                            (bb) in subclause (II), by 
                                        inserting ``during the period 
                                        of fiscal years 2020 through 
                                        2029'' after ``into the Fund''; 
                                        and
                                    (II) in clause (ii), by inserting 
                                ``or are deposited into the Fund after 
                                fiscal year 2029'' after ``subparagraph 
                                (B)'';
                            (ii) in subparagraph (B)--
                                    (I) in clauses (i)(II)(bb), 
                                (iii)(II)(bb), and (iv)(II)(bb), by 
                                striking ``the entire period in which 
                                the Fund is in existence'' each place 
                                it appears and inserting ``the period 
                                of fiscal years 2020 through 2029''; 
                                and
                                    (II) in clause (iv)(I)--
                                            (aa) by striking the period 
                                        at the end and inserting ``; 
                                        and'';
                                            (bb) by striking ``through 
                                        annual appropriations, the 
                                        Secretary'' shall and inserting 
                                        the following: ``through annual 
                                        appropriations--
                                            ``(aa) the Secretary''; and
                                            (cc) by adding at the end 
                                        the following:
                                            ``(bb) if the Indian water 
                                        rights settlement agreement 
                                        described in item (aa) has not 
                                        been approved and authorized by 
                                        an Act of Congress by December 
                                        31, 2021--

                                                    ``(AA) the amount 
                                                shall no longer be 
                                                reserved for that 
                                                settlement under 
                                                subparagraph 
                                                (A)(i)(II); and

                                                    ``(BB) the 
                                                Secretary shall deposit 
                                                the amount that would 
                                                have otherwise been 
                                                reserved under 
                                                subparagraph (A)(i)(II) 
                                                for the Indian water 
                                                rights settlement 
                                                agreement into the 
                                                Lower Colorado River 
                                                Basin Development Fund 
                                                established under 
                                                section 403(a) of the 
                                                Colorado River Basin 
                                                Project Act (43 U.S.C. 
                                                1543(a)), with 65 
                                                percent of that amount 
                                                in each fiscal year 
                                                deposited into the 
                                                Future Indian Water 
                                                Settlement Subaccount 
                                                of that Fund.'';

                            (iii) in subparagraph (C)--
                                    (I) by striking ``December 31, 
                                2019'' and inserting ``December 31, 
                                2021''; and
                                    (II) by striking ``for any 
                                authorized use'' and inserting ``for 
                                any use authorized under paragraph 
                                (2)''; and
                            (iv) by adding at the end the following:
                    ``(D) Sufficiency of funds.--The Secretary may use 
                amounts in the Fund in a fiscal year for multiple 
                settlements under subparagraph (B), without regard to 
                the priorities described in clauses (ii) through (iv) 
                of subparagraph (B), to ensure that sufficient funds 
                are available to meet the enforceability date or 
                substantial completion date of a settlement.''; and
            (3) in subsection (f), by striking ``September 30, 2034'' 
        and inserting ``September 30, 2044''.

SEC. 3. AMENDMENTS TO AAMODT LITIGATION SETTLEMENT ACT.

    (a) Definition of 611(g) Agreement.--Section 602 of the Aamodt 
Litigation Settlement Act (Public Law 111-291; 124 Stat. 3134) is 
amended--
            (1) by redesignating paragraphs (1) through (23) as 
        paragraphs (2) through (24), respectively; and
            (2) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) 611(g) agreement.--The term `611(g) Agreement' means 
        the agreement dated July 2, 2019, to be executed by the United 
        States, the State, the Pueblos, the County, and the City 
        pursuant to section 611(g).''.
    (b) Final Project Design.--Section 611(b) of the Aamodt Litigation 
Settlement Act (Public Law 111-291; 124 Stat. 3137) is amended, in the 
matter preceding paragraph (1), by striking ``within 90 days of'' and 
inserting ``as soon as feasible after''.
    (c) Construction Costs for Pueblo Water Facilities.--Section 611(f) 
of the Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat. 
3138) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking 
                ``$106,400,000'' and inserting ``$243,400,000''; and
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) Exception.--Of the amount described in 
                subparagraph (A)--
                            ``(i) the initial $106,400,000 shall be 
                        increased or decreased, as appropriate, based 
                        on ordinary fluctuations in construction costs 
                        since October 1, 2006, as determined using 
                        applicable engineering cost indices; and
                            ``(ii) any amounts made available in excess 
                        of the amount described in clause (i) shall be 
                        increased or decreased, as appropriate, based 
                        on ordinary fluctuations in construction costs 
                        since October 1, 2018, as determined using 
                        applicable engineering cost indices.''; and
            (2) in paragraph (3), by inserting ``and the 611(g) 
        Agreement'' after ``the Cost-Sharing and System Integration 
        Agreement''.
    (d) Funding for Regional Water System.--Section 617(a)(1)(B) of the 
Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat. 3147) 
is amended--
            (1) by striking ``$50,000,000'' and inserting 
        ``$187,000,000''; and
            (2) by striking ``2024'' and inserting ``2028''.
    (e) Adjustment.--Section 617(a)(4) of the Aamodt Litigation 
Settlement Act (Public Law 111-291; 124 Stat. 3147) is amended by 
striking ``since October 1, 2006, as determined using applicable 
engineering cost indices'' and inserting ``pursuant to section 
611(f)(1)(B)''.
    (f) Execution of Agreement Under Section 611(g).--Section 621 of 
the Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat. 
3149) is amended by striking subsections (a) and (b) and inserting the 
following:
    ``(a) Approval.--To the extent the Settlement Agreement, the Cost-
Sharing and System Integration Agreement, and the 611(g) Agreement do 
not conflict with this title, the Settlement Agreement, the Cost-
Sharing and System Integration Agreement, and the 611(g) Agreement 
(including any amendments to the Settlement Agreement, the Cost-Sharing 
and System Integration Agreement, and the 611(g) Agreement that are 
executed to make the Settlement Agreement, the Cost-Sharing and System 
Integration Agreement, or the 611(g) Agreement consistent with this 
title) are authorized, ratified, and confirmed.
    ``(b) Execution.--To the extent the Settlement Agreement, the Cost-
Sharing and System Integration Agreement, and the 611(g) Agreement do 
not conflict with this title, the Secretary shall execute the 
Settlement Agreement, the Cost-Sharing and System Integration 
Agreement, and the 611(g) Agreement (including any amendments that are 
necessary to make the Settlement Agreement, the Cost-Sharing and System 
Integration Agreement, or the 611(g) Agreement consistent with this 
title).''.
    (g) Requirements for Determination of Substantial Completion of the 
Regional Water System.--Section 623(e) of the Aamodt Litigation 
Settlement Act (Public Law 111-291; 124 Stat. 3151) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Criteria for substantial completion of regional water 
        system.--Subject to the provisions of section 611(d) concerning 
        the extent, size, and capacity of the County Distribution 
        System, the Regional Water System shall be determined to be 
        substantially completed if--
                    ``(A) the infrastructure has been constructed 
                capable of--
                            ``(i) diverting, treating, transmitting, 
                        and distributing a supply of 2,500 acre-feet of 
                        water to the Pueblos consistent with the 
                        Engineering Report (as amended by the 611(g) 
                        Agreement and the Operating Agreement); and
                            ``(ii) diverting, treating, and 
                        transmitting the quantity of water specified in 
                        the Engineering Report to the County 
                        Distribution System and consistent with the 
                        Engineering Report (as amended by the 611(g) 
                        Agreement and the Operating Agreement); or
                    ``(B) the Secretary--
                            ``(i) issues a notice to proceed 
                        authorizing the commencement of Phase I 
                        construction of the Regional Water System by 
                        December 31, 2019, and subsequently commences 
                        construction of the Regional Water System;
                            ``(ii) diligently proceeds to construct the 
                        Regional Water System in accordance with the 
                        Engineering Report (as amended by the 611(g) 
                        Agreement), on a schedule for completion by 
                        June 30, 2028;
                            ``(iii) expends all of the available 
                        funding provided to construct the Regional 
                        Water System under section 611(f)(1)(A), in the 
                        Cost-Sharing and System Integration Agreement, 
                        and in the 611(g) Agreement;
                            ``(iv) complies with the terms of the 
                        611(g) Agreement; and
                            ``(v) despite diligent efforts cannot 
                        complete construction of the Regional Water 
                        System as described in the final Engineering 
                        Report (as amended by the 611(g) Agreement), 
                        due solely to the lack of additional authorized 
                        funding.'';
            (2) in paragraph (2)--
                    (A) by striking ``2021'' and inserting ``2025''; 
                and
                    (B) by striking ``2024'' and inserting ``2028'';
            (3) in paragraph (3), in the matter preceding subparagraph 
        (A), by striking ``2021'' and inserting ``2025'';
            (4) in paragraph (4)(B)(ii)(II), by striking ``2023'' and 
        inserting ``2027''; and
            (5) in paragraph (5)(A), by striking ``2024'' and inserting 
        ``2028''.

SEC. 4. KICKAPOO TRIBE.

    (a) Definition of Upper Delaware and Tributaries Watershed Plan.--
In this section, 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 Atchison, Brown, Jackson, and Nemaha Counties, Kansas'', 
dated January 1994, and supplemented in June 1994--
            (1) developed, pursuant to the Watershed Protection and 
        Flood Prevention Act (16 U.S.C. 1001 et seq.)--
                    (A) by the Kickapoo Tribe, certain watershed and 
                conservation districts in the State of Kansas, and the 
                Department of Wildlife and Parks of the State of 
                Kansas; and
                    (B) with the cooperation and technical assistance 
                of the Natural Resources Conservation Service; and
            (2) described in the report of the Committee on Environment 
        and Public Works of the Senate (Senate Report 105-13; April 22, 
        1997).
    (b) Study; Recommendations.--To support the purposes of achieving a 
fair, equitable, and final settlement of claims to water rights for the 
Kickapoo Tribe in the State of Kansas, the Secretary of Agriculture 
(acting through the Chief of the Natural Resources Conservation 
Service), in consultation with the Secretary of the Interior (acting 
through the Director of the Secretary's Indian Water Rights Office), 
shall--
            (1) commence a study of the multipurpose dam described in 
        the Upper Delaware and Tributaries Watershed Plan; and
            (2) not later than 2 years after the date of enactment of 
        this Act, make recommendations to Congress with respect to the 
        material alterations or changes to the Upper Delaware and 
        Tributaries Watershed Plan that are necessary to effectuate, in 
        part, the Tribal water rights agreed to by the Kickapoo Tribe 
        and the State of Kansas on September 9, 2016, in the Kickapoo 
        Tribe Water Rights Settlement Agreement, which otherwise 
        remains subject to approval and authorization by Congress.
                                                       Calendar No. 397

116th CONGRESS

  1st Session

                                 S. 886

                          [Report No. 116-189]

_______________________________________________________________________

                                 A BILL

  To amend the Omnibus Public Land Management Act of 2009 to make the 
             Reclamation Water Settlements Fund permanent.

_______________________________________________________________________

                           December 19, 2019

                       Reported with an amendment
```