II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Indian Water Rights 

3 Settlement Extension Act’’. 

4 SEC. 2. RECLAMATION WATER SETTLEMENTS FUND. 

5 Section 10501 of the Omnibus Public Land Manage6 ment Act of 2009 (43 U.S.C. 407) is amended— 

7 (1) in subsection (b)(1), by striking ‘‘For each 

8 of fiscal years 2020 through 2029’’ and inserting 

9 ‘‘For fiscal year 2020 and each fiscal year there10 after’’; 

11 (2) in subsection (c)— 

12 (A) in paragraph (1)(A), by striking ‘‘for 

13 each of fiscal years 2020 through 2034’’ and 

14 inserting ‘‘for fiscal year 2020 and each fiscal 

15 year thereafter’’; and 

16 (B) in paragraph (3)(C), by striking ‘‘for 

17 any authorized use’’ and all that follows 

18 through the period at the end and inserting 

19 ‘‘for any use authorized under paragraph (2).’’; 

20 and 

21 (3) by striking subsection (f). 

22 SECTION 1. SHORT TITLE. 

23 This Act may be cited as the ‘‘Indian Water Rights 

24 Settlement Extension Act’’. 


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1 SEC. 2. RECLAMATION WATER SETTLEMENTS FUND. 

2 Section 10501 of the Omnibus Public Land Manage3 ment Act of 2009 (43 U.S.C. 407) is amended— 

4 (1) in subsection (b)(1), by striking ‘‘fiscal years 

5 2020 through 2029’’ and inserting ‘‘fiscal years 2020 

6 through 2039’’; 

7 (2) in subsection (c)— 

8 (A) in paragraph (1), by striking subpara9 graph (A) and inserting the following: 

10 ‘‘(A) EXPENDITURES.— 

11 ‘‘(i) IN GENERAL.—Subject to subpara12 graph (B)— 

13 ‘‘(I) for each of fiscal years 2020 

14 through 2029, the Secretary may ex15 pend from the Fund an amount not to 

16 exceed $120,000,000, plus the interest 

17 accrued from the Fund, for the fiscal 

18 year in which expenditures are made 

19 pursuant to paragraphs (2) and (3); 

20 and 

21 ‘‘(II) subject to clause (ii), for 

22 each of fiscal years 2030 through 2044, 

23 the Secretary may expend from the 

24 Fund an amount not to exceed 

25 $120,000,000, plus the interest accrued 

26 in the Fund, for the fiscal year in 


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1 which expenditures are made pursuant 

2 to paragraph (2). 

3 ‘‘(ii) LIMITATION.—Of the amount de4 scribed in clause (i)(II) for each of fiscal 

5 years 2030 through 2044, the Secretary may 

6 expend an amount not to exceed 

7 $90,000,000 for an individual Indian water 

8 rights settlement, unless the Secretary deter9 mines that an expenditure of more than 

10 $90,000,000 would not adversely affect the 

11 funding of the implementation of other con12 gressionally approved settlement agree13 ments.’’; 

14 (B) in paragraph (2), in the matter pre15 ceding subparagraph (A), by striking ‘‘litigation 

16 involving the United States, if the settlement 

17 agreement or implementing legislation requires 

18 the Bureau of Reclamation’’ and inserting 

19 ‘‘claims concerning Indian water resources, if the 

20 settlement agreement or implementing legislation 

21 authorizes the Secretary’’; and 

22 (C) in paragraph (3)— 

23 (i) in subparagraph (A)— 

24 (I) in clause (i)— 


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1 (aa) in subclause (I), by 

2 striking ‘‘the entire period in 

3 which the Fund is in existence’’ 

4 and inserting ‘‘the period of fiscal 

5 years 2020 through 2029’’; and 

6 (bb) in subclause (II), by in7 serting ‘‘during the period of fis8 cal years 2020 through 2029’’ 

9 after ‘‘into the Fund’’; and 

10 (II) in clause (ii), by inserting 

11 ‘‘or are deposited into the Fund after 

12 fiscal year 2029’’ after ‘‘subparagraph 

13 (B)’’; 

14 (ii) in subparagraph (B)— 

15 (I) in clauses (i)(II)(bb), 

16 (iii)(II)(bb), and (iv)(II)(bb), by strik17 ing ‘‘the entire period in which the 

18 Fund is in existence’’ each place it ap19 pears and inserting ‘‘the period of fis20 cal years 2020 through 2029’’; and 

21 (II) in clause (iv)(I)— 

22 (aa) by striking the period at 

23 the end and inserting ‘‘; and’’; 

24 (bb) by striking ‘‘through an25 nual appropriations, the SecVerDate Sep 11 2014 01:34 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S886.RS S886

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1 retary’’ shall and inserting the 

2 following: ‘‘through annual appro3 priations— 

4 ‘‘(aa) the Secretary’’; and 

5 (cc) by adding at the end the 

6 following: 

7 ‘‘(bb) if the Indian water 

8 rights settlement agreement de9 scribed in item (aa) has not been 

10 approved and authorized by an 

11 Act of Congress by December 31, 

12 2021— 

13 ‘‘(AA) the amount shall 

14 no longer be reserved for that 

15 settlement under subpara16 graph (A)(i)(II); and 

17 ‘‘(BB) the Secretary 

18 shall deposit the amount that 

19 would have otherwise been re20 served under subparagraph 

21 (A)(i)(II) for the Indian 

22 water rights settlement agree23 ment into the Lower Colo24 rado River Basin Develop25 ment Fund established under 


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1 section 403(a) of the Colo2 rado River Basin Project Act 

3 (43 U.S.C. 1543(a)), with 65 

4 percent of that amount in 

5 each fiscal year deposited 

6 into the Future Indian 

7 Water Settlement Subaccount 

8 of that Fund.’’; 

9 (iii) in subparagraph (C)— 

10 (I) by striking ‘‘December 31, 

11 2019’’ and inserting ‘‘December 31, 

12 2021’’; and 

13 (II) by striking ‘‘for any author14 ized use’’ and inserting ‘‘for any use 

15 authorized under paragraph (2)’’; and 

16 (iv) by adding at the end the following: 

17 ‘‘(D) SUFFICIENCY OF FUNDS.—The Sec18 retary may use amounts in the Fund in a fiscal 

19 year for multiple settlements under subpara20 graph (B), without regard to the priorities de21 scribed in clauses (ii) through (iv) of subpara22 graph (B), to ensure that sufficient funds are 

23 available to meet the enforceability date or sub24 stantial completion date of a settlement.’’; and 


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1 (3) in subsection (f), by striking ‘‘September 30, 

2 2034’’ and inserting ‘‘September 30, 2044’’. 

3 SEC. 3. AMENDMENTS TO AAMODT LITIGATION SETTLE4 MENT ACT. 

5 (a) DEFINITION OF 611(G) AGREEMENT.—Section 602 

6 of the Aamodt Litigation Settlement Act (Public Law 111– 

7 291; 124 Stat. 3134) is amended— 

8 (1) by redesignating paragraphs (1) through (23) 

9 as paragraphs (2) through (24), respectively; and 

10 (2) by inserting before paragraph (2) (as so re11 designated) the following: 

12 ‘‘(1) 611(g) AGREEMENT.—The term ‘611(g) 

13 Agreement’ means the agreement dated July 2, 2019, 

14 to be executed by the United States, the State, the 

15 Pueblos, the County, and the City pursuant to section 

16 611(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 para20 graph (1), by striking ‘‘within 90 days of’’ and inserting 

21 ‘‘as soon as feasible after’’. 

22 (c) CONSTRUCTION COSTS FOR PUEBLO WATER FA23 CILITIES.—Section 611(f) of the Aamodt Litigation Settle24 ment Act (Public Law 111–291; 124 Stat. 3138) is amend25 ed— 


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1 (1) in paragraph (1)— 

2 (A) in subparagraph (A), by striking 

3 ‘‘$106,400,000’’ and inserting ‘‘$243,400,000’’; 

4 and 

5 (B) by striking subparagraph (B) and in6 serting the following: 

7 ‘‘(B) EXCEPTION.—Of the amount described 

8 in subparagraph (A)— 

9 ‘‘(i) the initial $106,400,000 shall be 

10 increased or decreased, as appropriate, 

11 based on ordinary fluctuations in construc12 tion costs since October 1, 2006, as deter13 mined using applicable engineering cost in14 dices; and 

15 ‘‘(ii) any amounts made available in 

16 excess of the amount described in clause (i) 

17 shall be increased or decreased, as appro18 priate, based on ordinary fluctuations in 

19 construction costs since October 1, 2018, as 

20 determined using applicable engineering 

21 cost indices.’’; and 

22 (2) in paragraph (3), by inserting ‘‘and the 

23 611(g) Agreement’’ after ‘‘the Cost-Sharing and Sys24 tem Integration Agreement’’. 


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1 (d) FUNDING FOR REGIONAL WATER SYSTEM.—Sec2 tion 617(a)(1)(B) of the Aamodt Litigation Settlement Act 

3 (Public Law 111–291; 124 Stat. 3147) is amended— 

4 (1) by striking ‘‘$50,000,000’’ and inserting 

5 ‘‘$187,000,000’’; and 

6 (2) by striking ‘‘2024’’ and inserting ‘‘2028’’. 

7 (e) ADJUSTMENT.—Section 617(a)(4) of the Aamodt 

8 Litigation Settlement Act (Public Law 111–291; 124 Stat. 

9 3147) is amended by striking ‘‘since October 1, 2006, as 

10 determined using applicable engineering cost indices’’ and 

11 inserting ‘‘pursuant to section 611(f)(1)(B)’’. 

12 (f) EXECUTION OF AGREEMENT UNDER SECTION

13 611(G).—Section 621 of the Aamodt Litigation Settlement 

14 Act (Public Law 111–291; 124 Stat. 3149) is amended by 

15 striking subsections (a) and (b) and inserting the following: 

16 ‘‘(a) APPROVAL.—To the extent the Settlement Agree17 ment, the Cost-Sharing and System Integration Agreement, 

18 and the 611(g) Agreement do not conflict with this title, 

19 the Settlement Agreement, the Cost-Sharing and System In20 tegration Agreement, and the 611(g) Agreement (including 

21 any amendments to the Settlement Agreement, the Cost22 Sharing and System Integration Agreement, and the 611(g) 

23 Agreement that are executed to make the Settlement Agree24 ment, the Cost-Sharing and System Integration Agreement, 


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1 or the 611(g) Agreement consistent with this title) are au2 thorized, ratified, and confirmed. 

3 ‘‘(b) EXECUTION.—To the extent the Settlement Agree4 ment, the Cost-Sharing and System Integration Agreement, 

5 and the 611(g) Agreement do not conflict with this title, 

6 the Secretary shall execute the Settlement Agreement, the 

7 Cost-Sharing and System Integration Agreement, and the 

8 611(g) Agreement (including any amendments that are nec9 essary to make the Settlement Agreement, the Cost-Sharing 

10 and System Integration Agreement, or the 611(g) Agree11 ment consistent with this title).’’. 

12 (g) REQUIREMENTS FOR DETERMINATION OF SUB13 STANTIAL COMPLETION OF THE REGIONAL WATER SYS14 TEM.—Section 623(e) of the Aamodt Litigation Settlement 

15 Act (Public Law 111–291; 124 Stat. 3151) is amended— 

16 (1) by striking paragraph (1) and inserting the 

17 following: 

18 ‘‘(1) CRITERIA FOR SUBSTANTIAL COMPLETION

19 OF REGIONAL WATER SYSTEM.—Subject to the provi20 sions of section 611(d) concerning the extent, size, and 

21 capacity of the County Distribution System, the Re22 gional Water System shall be determined to be sub23 stantially completed if— 

24 ‘‘(A) the infrastructure has been constructed 

25 capable of— 


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1 ‘‘(i) diverting, treating, transmitting, 

2 and distributing a supply of 2,500 acre-feet 

3 of water to the Pueblos consistent with the 

4 Engineering Report (as amended by the 

5 611(g) Agreement and the Operating Agree6 ment); and 

7 ‘‘(ii) diverting, treating, and transmit8 ting the quantity of water specified in the 

9 Engineering Report to the County Distribu10 tion System and consistent with the Engi11 neering Report (as amended by the 611(g) 

12 Agreement and the Operating Agreement); 

13 or 

14 ‘‘(B) the Secretary— 

15 ‘‘(i) issues a notice to proceed author16 izing the commencement of Phase I con17 struction of the Regional Water System by 

18 December 31, 2019, and subsequently com19 mences construction of the Regional Water 

20 System; 

21 ‘‘(ii) diligently proceeds to construct 

22 the Regional Water System in accordance 

23 with the Engineering Report (as amended 

24 by the 611(g) Agreement), on a schedule for 

25 completion by June 30, 2028; 


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1 ‘‘(iii) expends all of the available fund2 ing provided to construct the Regional 

3 Water System under section 611(f)(1)(A), in 

4 the Cost-Sharing and System Integration 

5 Agreement, and in the 611(g) Agreement; 

6 ‘‘(iv) complies with the terms of the 

7 611(g) Agreement; and 

8 ‘‘(v) despite diligent efforts cannot 

9 complete construction of the Regional Water 

10 System as described in the final Engineer11 ing Report (as amended by the 611(g) 

12 Agreement), due solely to the lack of addi13 tional authorized funding.’’; 

14 (2) in paragraph (2)— 

15 (A) by striking ‘‘2021’’ and inserting 

16 ‘‘2025’’; and 

17 (B) by striking ‘‘2024’’ and inserting 

18 ‘‘2028’’; 

19 (3) in paragraph (3), in the matter preceding 

20 subparagraph (A), by striking ‘‘2021’’ and inserting 

21 ‘‘2025’’; 

22 (4) in paragraph (4)(B)(ii)(II), by striking 

23 ‘‘2023’’ and inserting ‘‘2027’’; and 

24 (5) in paragraph (5)(A), by striking ‘‘2024’’ and 

25 inserting ‘‘2028’’. 


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1 SEC. 4. KICKAPOO TRIBE. 

2 (a) DEFINITION OF UPPER DELAWARE AND TRIBU3 TARIES WATERSHED PLAN.—In this section, the term 

4 ‘‘Upper Delaware and Tributaries Watershed Plan’’ means 

5 the plan described in the document entitled ‘‘Watershed 

6 Plan and Environmental Impact Statement Upper Dela7 ware and Tributaries Watershed Atchison, Brown, Jackson, 

8 and Nemaha Counties, Kansas’’, dated January 1994, and 

9 supplemented in June 1994— 

10 (1) developed, pursuant to the Watershed Protec11 tion and Flood Prevention Act (16 U.S.C. 1001 et 

12 seq.)— 

13 (A) by the Kickapoo Tribe, certain water14 shed and conservation districts in the State of 

15 Kansas, and the Department of Wildlife and 

16 Parks of the State of Kansas; and 

17 (B) with the cooperation and technical as18 sistance of the Natural Resources Conservation 

19 Service; and 

20 (2) described in the report of the Committee on 

21 Environment and Public Works of the Senate (Senate 

22 Report 105–13; April 22, 1997). 

23 (b) STUDY; RECOMMENDATIONS.—To support the pur24 poses of achieving a fair, equitable, and final settlement of 

25 claims to water rights for the Kickapoo Tribe in the State 

26 of Kansas, the Secretary of Agriculture (acting through the 


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1 Chief of the Natural Resources Conservation Service), in 

2 consultation with the Secretary of the Interior (acting 

3 through the Director of the Secretary’s Indian Water Rights 

4 Office), shall— 

5 (1) commence a study of the multipurpose dam 

6 described in the Upper Delaware and Tributaries Wa7 tershed Plan; and 

8 (2) not later than 2 years after the date of enact9 ment of this Act, make recommendations to Congress 

10 with respect to the material alterations or changes to 

11 the Upper Delaware and Tributaries Watershed Plan 

12 that are necessary to effectuate, in part, the Tribal 

13 water rights agreed to by the Kickapoo Tribe and the 

14 State of Kansas on September 9, 2016, in the Kick15 apoo Tribe Water Rights Settlement Agreement, which 

16 otherwise remains subject to approval and authoriza17 tion by Congress. 


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Calendar No. 397 

116TH CONGRESS 

1ST SESSION S. 886 

[Report No. 116–189] 

A BILL 

To amend the Omnibus Public Land Management 

tlements Fund permanent. Act of 2009 to make the Reclamation Water SetDECEMBER 19, 2019 

Reported with an amendment 


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