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. 

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. TRIBAL WATER RIGHTS. 

5 (a) DEFINITION OF 611(g) AGREEMENT.—Section 

6 602 of the Aamodt Litigation Settlement Act (Public Law 

7 111–291; 124 Stat. 3134) is amended— 

8 (1) by redesignating paragraphs (1) through 

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

10 and 

11 (2) by inserting before paragraph (2) (as so re12 designated) the following: 

13 ‘‘(1) 611(g) AGREEMENT.—The term ‘611(g) 

14 Agreement’ means the agreement dated July 2, 

15 2019, to be executed by the United States, the 

16 State, the Pueblos, the County, and the City pursu17 ant to section 611(g).’’. 

18 (b) FINAL PROJECT DESIGN.—Section 611(b) of the 

19 Aamodt Litigation Settlement Act (Public Law 111–291; 

20 124 Stat. 3137) is amended, in the matter preceding para21 graph (1), by striking ‘‘within 90 days of’’ and inserting 

22 ‘‘as soon as feasible after’’. 

23 (c) CONSTRUCTION COSTS FOR PUEBLO WATER FA24 CILITIES.—Section 611(f) of the Aamodt Litigation Set25 tlement Act (Public Law 111–291; 124 Stat. 3138) is 

26 amended— 
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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 de8 scribed 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 

17 (i) shall be increased or decreased, as ap18 propriate, based on ordinary fluctuations 

19 in construction costs since October 1, 

20 2018, as determined using applicable engi21 neering cost indices.’’; and 

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

23 611(g) Agreement’’ after ‘‘the Cost-Sharing and 

24 System Integration Agreement’’. 
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1 (d) FUNDING FOR REGIONAL WATER SYSTEM.—Sec2 tion 617(a)(1) of the Aamodt Litigation Settlement Act 

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

4 (1) in subparagraph (B)— 

5 (A) by striking the period at the end and 

6 inserting ‘‘; and’’; 

7 (B) by striking ‘‘section 616 $50,000,000’’ 

8 and inserting the following: ‘‘section 616— 

9 ‘‘(i) $50,000,000’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(ii) subject to the availability of ap12 propriations and in addition to the 

13 amounts made available under clause (i), 

14 $137,000,000, as adjusted under para15 graph (4), for the period of fiscal years 

16 2021 through 2028.’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(C) PROHIBITION.—Notwithstanding any 

19 other provision of law, any additional amounts 

20 made available under subparagraph (B)(ii) shall 

21 not be made available from the Reclamation 

22 Water Settlements Fund established by section 

23 10501(a) of the Omnibus Public Land Manage24 ment Act of 2009 (43 U.S.C. 407(a)).’’. 
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1 (e) ADJUSTMENT.—Section 617(a)(4) of the Aamodt 

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

3 3147) is amended— 

4 (1) by striking ‘‘The amounts’’ and inserting 

5 the following: 

6 ‘‘(A) IN GENERAL.—The amounts’’; 

7 (2) in subparagraph (A) (as so designated), by 

8 striking ‘‘since October 1, 2006, as determined using 

9 applicable engineering cost indices’’ and inserting 

10 ‘‘pursuant to section 611(f)(1)(B)’’; and 

11 (3) by inserting at the end the following: 

12 ‘‘(B) PROHIBITION.—Notwithstanding any 

13 other provision of law, any additional amounts 

14 made available as a result of this paragraph, as 

15 compared to this paragraph as in effect on the 

16 day before the date of enactment of this sub17 paragraph, shall— 

18 ‘‘(i) be subject to the availability of 

19 appropriations; and 

20 ‘‘(ii) not be made available from the 

21 Reclamation Water Settlements Fund es22 tablished by section 10501(a) of the Omni23 bus Public Land Management Act of 2009 

24 (43 U.S.C. 407(a)).’’. 
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1 (f) EXECUTION OF AGREEMENT UNDER SECTION

2 611(g).—Section 621 of the Aamodt Litigation Settle3 ment Act (Public Law 111–291; 124 Stat. 3149) is 

4 amended by striking subsections (a) and (b) and inserting 

5 the following: 

6 ‘‘(a) APPROVAL.—To the extent the Settlement 

7 Agreement, the Cost-Sharing and System Integration 

8 Agreement, and the 611(g) Agreement do not conflict with 

9 this title, the Settlement Agreement, the Cost-Sharing and 

10 System Integration Agreement, and the 611(g) Agreement 

11 (including any amendments to the Settlement Agreement, 

12 the Cost-Sharing and System Integration Agreement, and 

13 the 611(g) Agreement that are executed to make the Set14 tlement Agreement, the Cost-Sharing and System Integra15 tion Agreement, or the 611(g) Agreement consistent with 

16 this title) are authorized, ratified, and confirmed. 

17 ‘‘(b) EXECUTION.—To the extent the Settlement 

18 Agreement, the Cost-Sharing and System Integration 

19 Agreement, and the 611(g) Agreement do not conflict with 

20 this title, the Secretary shall execute the Settlement 

21 Agreement, the Cost-Sharing and System Integration 

22 Agreement, and the 611(g) Agreement (including any 

23 amendments that are necessary to make the Settlement 

24 Agreement, the Cost-Sharing and System Integration 
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1 Agreement, or the 611(g) Agreement consistent with this 

2 title).’’. 

3 (g) REQUIREMENTS FOR DETERMINATION OF SUB4 STANTIAL COMPLETION OF THE REGIONAL WATER SYS5 TEM.—Section 623(e) of the Aamodt Litigation Settle6 ment Act (Public Law 111–291; 124 Stat. 3151) is 

7 amended— 

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

9 following: 

10 ‘‘(1) CRITERIA FOR SUBSTANTIAL COMPLETION

11 OF REGIONAL WATER SYSTEM.—Subject to the pro12 visions of section 611(d) concerning the extent, size, 

13 and capacity of the County Distribution System, the 

14 Regional Water System shall be determined to be 

15 substantially completed if— 

16 ‘‘(A) the infrastructure has been con17 structed capable of— 

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

19 and distributing a supply of 2,500 acre20 feet of water to the Pueblos consistent with 

21 the Engineering Report (as amended by 

22 the 611(g) Agreement and the Operating 

23 Agreement); and 

24 ‘‘(ii) diverting, treating, and transmit25 ting the quantity of water specified in the 
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1 Engineering Report to the County Dis2 tribution System and consistent with the 

3 Engineering Report (as amended by the 

4 611(g) Agreement and the Operating 

5 Agreement); or 

6 ‘‘(B) the Secretary— 

7 ‘‘(i) issues a notice to proceed author8 izing the commencement of Phase I con9 struction of the Regional Water System by 

10 December 31, 2019, and subsequently 

11 commences construction of the Regional 

12 Water System; 

13 ‘‘(ii) diligently proceeds to construct 

14 the Regional Water System in accordance 

15 with the Engineering Report (as amended 

16 by the 611(g) Agreement), on a schedule 

17 for completion by June 30, 2028; 

18 ‘‘(iii) expends all of the available 

19 funding provided to construct the Regional 

20 Water System under section 611(f)(1)(A), 

21 in the Cost-Sharing and System Integra22 tion Agreement, and in the 611(g) Agree23 ment; 

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

25 611(g) Agreement; and 
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1 ‘‘(v) despite diligent efforts cannot 

2 complete construction of the Regional 

3 Water System as described in the final En4 gineering Report (as amended by the 

5 611(g) Agreement), due solely to the lack 

6 of additional authorized funding.’’; 

7 (2) in paragraph (2)— 

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

9 ‘‘2025’’; and 

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

11 ‘‘2028’’; 

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

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

14 ‘‘2025’’; 

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

16 ‘‘2023’’ and inserting ‘‘2027’’; and 

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

18 and inserting ‘‘2028’’. 

19 SEC. 3. KICKAPOO TRIBE. 

20 (a) DEFINITION OF UPPER DELAWARE AND TRIBU21 TARIES WATERSHED PLAN.—In this section, the term 

22 ‘‘Upper Delaware and Tributaries Watershed Plan’’ 

23 means the plan described in the document entitled ‘‘Wa24 tershed Plan and Environmental Impact Statement Upper 

25 Delaware and Tributaries Watershed Atchison, Brown, 
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1 Jackson, and Nemaha Counties, Kansas’’, dated January 

2 1994, and supplemented in June 1994— 

3 (1) developed, pursuant to the Watershed Pro4 tection and Flood Prevention Act (16 U.S.C. 1001 

5 et seq.)— 

6 (A) by the Kickapoo Tribe, certain water7 shed and conservation districts in the State of 

8 Kansas, and the Department of Wildlife and 

9 Parks of the State of Kansas; and 

10 (B) with the cooperation and technical as11 sistance of the Natural Resources Conservation 

12 Service; and 

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

14 Environment and Public Works of the Senate (Sen15 ate Report 105–13; April 22, 1997). 

16 (b) STUDY; RECOMMENDATIONS.—To support the 

17 purposes of achieving a fair, equitable, and final settle18 ment of claims to water rights for the Kickapoo Tribe in 

19 the State of Kansas, the Secretary of Agriculture (acting 

20 through the Chief of the Natural Resources Conservation 

21 Service), in consultation with the Secretary of the Interior 

22 (acting through the Director of the Secretary’s Indian 

23 Water Rights Office), shall— 
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1 (1) commence a study of the multipurpose dam 

2 described in the Upper Delaware and Tributaries 

3 Watershed Plan; and 

4 (2) not later than 2 years after the date of en5 actment of this Act, make recommendations to Con6 gress with respect to the material alterations or 

7 changes to the Upper Delaware and Tributaries Wa8 tershed Plan that are necessary to effectuate, in 

9 part, the Tribal water rights agreed to by the Kick10 apoo Tribe and the State of Kansas on September 

11 9, 2016, in the Kickapoo Tribe Water Rights Settle12 ment Agreement, which otherwise remains subject to 

13 approval and authorization by Congress. 

14 SEC. 4. NAVAJO-UTAH WATER RIGHTS SETTLEMENT. 

15 (a) PURPOSES.—The purposes of this section are— 

16 (1) to achieve a fair, equitable, and final settle17 ment of all claims to water rights in the State of 

18 Utah for— 

19 (A) the Navajo Nation; and 

20 (B) the United States, for the benefit of 

21 the Nation; 

22 (2) to authorize, ratify, and confirm the agree23 ment entered into by the Nation and the State, to 

24 the extent that the agreement is consistent with this 

25 section; 
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1 (3) to authorize and direct the Secretary— 

2 (A) to execute the agreement; and 

3 (B) to take any actions necessary to carry 

4 out the agreement in accordance with this sec5 tion; and 

6 (4) to authorize funds necessary for the imple7 mentation of the agreement and this section. 

8 (b) DEFINITIONS.—In this section: 

9 (1) AGREEMENT.—The term ‘‘agreement’’ 

10 means— 

11 (A) the document entitled ‘‘Navajo Utah 

12 Water Rights Settlement Agreement’’ dated De13 cember 14, 2015, and the exhibits attached 

14 thereto; and 

15 (B) any amendment or exhibit to the docu16 ment or exhibits referenced in subparagraph 

17 (A) to make the document or exhibits consistent 

18 with this section. 

19 (2) ALLOTMENT.—The term ‘‘allotment’’ means 

20 a parcel of land— 

21 (A) granted out of the public domain that 

22 is— 

23 (i) located within the exterior bound24 aries of the Reservation; or 
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1 (ii) Bureau of Indian Affairs parcel 

2 number 792 634511 in San Juan County, 

3 Utah, consisting of 160 acres located in 

4 Township 41S, Range 20E, sections 11, 

5 12, and 14, originally set aside by the 

6 United States for the benefit of an indi7 vidual identified in the allotting document 

8 as a Navajo Indian; and 

9 (B) held in trust by the United States— 

10 (i) for the benefit of an individual, in11 dividuals, or an Indian Tribe other than 

12 the Navajo Nation; or 

13 (ii) in part for the benefit of the Nav14 ajo Nation as of the enforceability date. 

15 (3) ALLOTTEE.—The term ‘‘allottee’’ means an 

16 individual or Indian Tribe with a beneficial interest 

17 in an allotment held in trust by the United States. 

18 (4) ENFORCEABILITY DATE.—The term ‘‘en19 forceability date’’ means the date on which the Sec20 retary publishes in the Federal Register the state21 ment of findings described in subsection (g)(1). 

22 (5) GENERAL STREAM ADJUDICATION.—The 

23 term ‘‘general stream adjudication’’ means the adju24 dication pending, as of the date of enactment of this 

25 Act, in the Seventh Judicial District in and for 
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1 Grand County, State of Utah, commonly known as 

2 the ‘‘Southeastern Colorado River General Adjudica3 tion’’, Civil No. 810704477, conducted pursuant to 

4 State law. 

5 (6) INJURY TO WATER RIGHTS.—The term ‘‘in6 jury to water rights’’ means an interference with, 

7 diminution of, or deprivation of water rights under 

8 Federal or State law, excluding injuries to water 

9 quality. 

10 (7) MEMBER.—The term ‘‘member’’ means any 

11 person who is a duly enrolled member of the Navajo 

12 Nation. 

13 (8) NAVAJO NATION OR NATION.—The term 

14 ‘‘Navajo Nation’’ or ‘‘Nation’’ means a body politic 

15 and federally recognized Indian nation, as published 

16 on the list established under section 104(a) of the 

17 Federally Recognized Indian Tribe List Act of 1994 

18 (25 U.S.C. 5131(a)), also known variously as the 

19 ‘‘Navajo Nation’’, the ‘‘Navajo Nation of Arizona, 

20 New Mexico, & Utah’’, and the ‘‘Navajo Nation of 

21 Indians’’ and other similar names, and includes all 

22 bands of Navajo Indians and chapters of the Navajo 

23 Nation and all divisions, agencies, officers, and 

24 agents thereof. 
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1 (9) NAVAJO WATER DEVELOPMENT

2 PROJECTS.—The term ‘‘Navajo water development 

3 projects’’ means projects for domestic municipal 

4 water supply, including distribution infrastructure, 

5 and agricultural water conservation, to be con6 structed, in whole or in part, using monies from the 

7 Navajo Water Development Projects Account. 

8 (10) NAVAJO WATER RIGHTS.—The term ‘‘Nav9 ajo water rights’’ means the Nation’s water rights in 

10 Utah described in the agreement and this section. 

11 (11) OM&R.—The term ‘‘OM&R’’ means oper12 ation, maintenance, and replacement. 

13 (12) PARTIES.—The term ‘‘parties’’ means the 

14 Navajo Nation, the State, and the United States. 

15 (13) RESERVATION.—The term ‘‘Reservation’’ 

16 means, for purposes of the agreement and this sec17 tion, the Reservation of the Navajo Nation in Utah 

18 as in existence on the date of enactment of this Act 

19 and depicted on the map attached to the agreement 

20 as Exhibit A, including any parcel of land granted 

21 out of the public domain and held in trust by the 

22 United States entirely for the benefit of the Navajo 

23 Nation as of the enforceability date. 
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1 (14) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of the Interior or a duly au3 thorized representative thereof. 

4 (15) STATE.—The term ‘‘State’’ means the 

5 State of Utah and all officers, agents, departments, 

6 and political subdivisions thereof. 

7 (16) UNITED STATES.—The term ‘‘United 

8 States’’ means the United States of America and all 

9 departments, agencies, bureaus, officers, and agents 

10 thereof. 

11 (17) UNITED STATES ACTING IN ITS TRUST CA12 PACITY.—The term ‘‘United States acting in its 

13 trust capacity’’ means the United States acting for 

14 the benefit of the Navajo Nation or for the benefit 

15 of allottees. 

16 (c) RATIFICATION OF AGREEMENT.— 

17 (1) APPROVAL BY CONGRESS.—Except to the 

18 extent that any provision of the agreement conflicts 

19 with this section, Congress approves, ratifies, and 

20 confirms the agreement (including any amendments 

21 to the agreement that are executed to make the 

22 agreement consistent with this section). 

23 (2) EXECUTION BY SECRETARY.—The Sec24 retary is authorized and directed to promptly exe-
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1 cute the agreement to the extent that the agreement 

2 does not conflict with this section, including— 

3 (A) any exhibits to the agreement requir4 ing the signature of the Secretary; and 

5 (B) any amendments to the agreement 

6 necessary to make the agreement consistent 

7 with this section. 

8 (3) ENVIRONMENTAL COMPLIANCE.— 

9 (A) IN GENERAL.—In implementing the 

10 agreement and this section, the Secretary shall 

11 comply with all applicable provisions of— 

12 (i) the Endangered Species Act of 

13 1973 (16 U.S.C. 1531 et seq.); 

14 (ii) the National Environmental Policy 

15 Act of 1969 (42 U.S.C. 4321 et seq.); and 

16 (iii) all other applicable environmental 

17 laws and regulations. 

18 (B) EXECUTION OF THE AGREEMENT.— 

19 Execution of the agreement by the Secretary as 

20 provided for in this section shall not constitute 

21 a major Federal action under the National En22 vironmental Policy Act of 1969 (42 U.S.C. 

23 4321 et seq.). 

24 (d) NAVAJO WATER RIGHTS.— 
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1 (1) CONFIRMATION OF NAVAJO WATER

2 RIGHTS.— 

3 (A) QUANTIFICATION.—The Navajo Na4 tion shall have the right to use water from 

5 water sources located within Utah and adjacent 

6 to or encompassed within the boundaries of the 

7 Reservation resulting in depletions not to ex8 ceed 81,500 acre-feet annually as described in 

9 the agreement and as confirmed in the decree 

10 entered by the general stream adjudication 

11 court. 

12 (B) SATISFACTION OF ALLOTTEE

13 RIGHTS.—Depletions resulting from the use of 

14 water on an allotment shall be accounted for as 

15 a depletion by the Navajo Nation for purposes 

16 of depletion accounting under the agreement, 

17 including recognition of— 

18 (i) any water use existing on an allot19 ment as of the date of enactment of this 

20 Act and as subsequently reflected in the 

21 hydrographic survey report referenced in 

22 subsection (f)(2); 

23 (ii) reasonable domestic and stock 

24 water uses put into use on an allotment; 

25 and 
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1 (iii) any allotment water rights that 

2 may be decreed in the general stream adju3 dication or other appropriate forum. 

4 (C) SATISFACTION OF ON-RESERVATION

5 STATE LAW-BASED WATER RIGHTS.—Depletions 

6 resulting from the use of water on the Reserva7 tion pursuant to State law-based water rights 

8 existing as of the date of enactment of this Act 

9 shall be accounted for as depletions by the Nav10 ajo Nation for purposes of depletion accounting 

11 under the agreement. 

12 (D) IN GENERAL.—The Navajo water 

13 rights are ratified, confirmed, and declared to 

14 be valid. 

15 (E) USE.—Any use of the Navajo water 

16 rights shall be subject to the terms and condi17 tions of the agreement and this section. 

18 (F) CONFLICT.—In the event of a conflict 

19 between the agreement and this section, the 

20 provisions of this section shall control. 

21 (2) TRUST STATUS OF NAVAJO WATER

22 RIGHTS.—The Navajo water rights— 

23 (A) shall be held in trust by the United 

24 States for the use and benefit of the Nation in 
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1 accordance with the agreement and this section; 

2 and 

3 (B) shall not be subject to forfeiture or 

4 abandonment. 

5 (3) AUTHORITY OF THE NATION.— 

6 (A) IN GENERAL.—The Nation shall have 

7 the authority to allocate, distribute, and lease 

8 the Navajo water rights for any use on the Res9 ervation in accordance with the agreement, this 

10 section, and applicable Tribal and Federal law. 

11 (B) OFF-RESERVATION USE.—The Nation 

12 may allocate, distribute, and lease the Navajo 

13 water rights for off-Reservation use in accord14 ance with the agreement, subject to the ap15 proval of the Secretary. 

16 (C) ALLOTTEE WATER RIGHTS.—The Na17 tion shall not object in the general stream adju18 dication or other applicable forum to the quan19 tification of reasonable domestic and stock 

20 water uses on an allotment, and shall admin21 ister any water use on the Reservation in ac22 cordance with applicable Federal law, including 

23 recognition of— 

24 (i) any water use existing on an allot25 ment as of the date of enactment of this 
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1 Act and as subsequently reflected in the 

2 hydrographic survey report referenced in 

3 subsection (f)(2); 

4 (ii) reasonable domestic and stock 

5 water uses on an allotment; and 

6 (iii) any allotment water rights de7 creed in the general stream adjudication or 

8 other appropriate forum. 

9 (4) EFFECT.—Except as otherwise expressly 

10 provided in this subsection, nothing in this section— 

11 (A) authorizes any action by the Nation 

12 against the United States under Federal, State, 

13 Tribal, or local law; or 

14 (B) alters or affects the status of any ac15 tion brought pursuant to section 1491(a) of 

16 title 28, United States Code. 

17 (e) NAVAJO TRUST ACCOUNTS.— 

18 (1) ESTABLISHMENT.—The Secretary shall es19 tablish a trust fund, to be known as the ‘‘Navajo 

20 Utah Settlement Trust Fund’’ (referred to in this 

21 section as the ‘‘Trust Fund’’), to be managed, in22 vested, and distributed by the Secretary and to re23 main available until expended, consisting of the 

24 amounts deposited in the Trust Fund under para25 graph (3), together with any interest earned on 
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1 those amounts, for the purpose of carrying out this 

2 section. 

3 (2) ACCOUNTS.—The Secretary shall establish 

4 in the Trust Fund the following Accounts (referred 

5 to in this subsection as the ‘‘Trust Fund Ac6 counts’’): 

7 (A) The Navajo Water Development 

8 Projects Account. 

9 (B) The Navajo OM&R Account. 

10 (3) DEPOSITS.—The Secretary shall deposit in 

11 the Trust Fund Accounts— 

12 (A) in the Navajo Water Development 

13 Projects Account, the amounts made available 

14 pursuant to subsection (f)(1)(A); and 

15 (B) in the Navajo OM&R Account, the 

16 amount made available pursuant to subsection 

17 (f)(1)(B). 

18 (4) MANAGEMENT AND INTEREST.— 

19 (A) MANAGEMENT.—Upon receipt and de20 posit of the funds into the Trust Fund Ac21 counts, the Secretary shall manage, invest, and 

22 distribute all amounts in the Trust Fund in a 

23 manner that is consistent with the investment 

24 authority of the Secretary under— 
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1 (i) the first section of the Act of June 

2 24, 1938 (25 U.S.C. 162a); 

3 (ii) the American Indian Trust Fund 

4 Management Reform Act of 1994 (25 

5 U.S.C. 4001 et seq.); and 

6 (iii) this subsection. 

7 (B) INVESTMENT EARNINGS.—In addition 

8 to the deposits under paragraph (3), any invest9 ment earnings, including interest, credited to 

10 amounts held in the Trust Fund are authorized 

11 to be appropriated to be used in accordance 

12 with the uses described in paragraph (8). 

13 (5) AVAILABILITY OF AMOUNTS.—Amounts ap14 propriated to, and deposited in, the Trust Fund, in15 cluding any investment earnings, shall be made 

16 available to the Nation by the Secretary beginning 

17 on the enforceability date and subject to the uses 

18 and restrictions set forth in this subsection. 

19 (6) WITHDRAWALS.— 

20 (A) WITHDRAWALS UNDER THE AMERICAN

21 INDIAN TRUST FUND MANAGEMENT REFORM

22 ACT OF 1994.—The Nation may withdraw any 

23 portion of the funds in the Trust Fund on ap24 proval by the Secretary of a tribal management 

25 plan submitted by the Nation in accordance 
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1 with the American Indian Trust Fund Manage2 ment Reform Act of 1994 (25 U.S.C. 4001 et 

3 seq.). 

4 (i) REQUIREMENTS.—In addition to 

5 the requirements under the American In6 dian Trust Fund Management Reform Act 

7 of 1994 (25 U.S.C. 4001 et seq.), the trib8 al management plan under this subpara9 graph shall require that the Nation shall 

10 spend all amounts withdrawn from the 

11 Trust Fund and any investment earnings 

12 accrued through the investments under the 

13 Tribal management plan in accordance 

14 with this section. 

15 (ii) ENFORCEMENT.—The Secretary 

16 may carry out such judicial and adminis17 trative actions as the Secretary determines 

18 to be necessary to enforce the Tribal man19 agement plan to ensure that amounts with20 drawn by the Nation from the Trust Fund 

21 under this subparagraph are used in ac22 cordance with this section. 

23 (B) WITHDRAWALS UNDER EXPENDITURE

24 PLAN.—The Nation may submit to the Sec25 retary a request to withdraw funds from the 
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1 Trust Fund pursuant to an approved expendi2 ture plan. 

3 (i) REQUIREMENTS.—To be eligible to 

4 withdraw funds under an expenditure plan 

5 under this subparagraph, the Nation shall 

6 submit to the Secretary for approval an ex7 penditure plan for any portion of the Trust 

8 Fund that the Nation elects to withdraw 

9 pursuant to this subparagraph, subject to 

10 the condition that the funds shall be used 

11 for the purposes described in this section. 

12 (ii) INCLUSIONS.—An expenditure 

13 plan under this subparagraph shall include 

14 a description of the manner and purpose 

15 for which the amounts proposed to be 

16 withdrawn from the Trust Fund will be 

17 used by the Nation, in accordance with 

18 paragraphs (3) and (8). 

19 (iii) APPROVAL.—On receipt of an ex20 penditure plan under this subparagraph, 

21 the Secretary shall approve the plan, if the 

22 Secretary determines that the plan— 

23 (I) is reasonable; 
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1 (II) is consistent with, and will 

2 be used for, the purposes of this sec3 tion; and 

4 (III) contains a schedule which 

5 describes that tasks will be completed 

6 within 18 months of receipt of with7 drawn amounts. 

8 (iv) ENFORCEMENT.—The Secretary 

9 may carry out such judicial and adminis10 trative actions as the Secretary determines 

11 to be necessary to enforce an expenditure 

12 plan to ensure that amounts disbursed 

13 under this subparagraph are used in ac14 cordance with this section. 

15 (7) EFFECT OF TITLE.—Nothing in this section 

16 gives the Nation the right to judicial review of a de17 termination of the Secretary regarding whether to 

18 approve a Tribal management plan or an expendi19 ture plan except under subchapter II of chapter 5, 

20 and chapter 7, of title 5, United States Code (com21 monly known as the ‘‘Administrative Procedure 

22 Act’’). 

23 (8) USES.—Amounts from the Trust Fund 

24 shall be used by the Nation for the following pur25 poses: 
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1 (A) The Navajo Water Development 

2 Projects Account shall be used to plan, design, 

3 and construct the Navajo water development 

4 projects and for the conduct of related activi5 ties, including to comply with Federal environ6 mental laws. 

7 (B) The Navajo OM&R Account shall be 

8 used for the operation, maintenance, and re9 placement of the Navajo water development 

10 projects. 

11 (9) LIABILITY.—The Secretary and the Sec12 retary of the Treasury shall not be liable for the ex13 penditure or investment of any amounts withdrawn 

14 from the Trust Fund by the Nation under para15 graph (6). 

16 (10) NO PER CAPITA DISTRIBUTIONS.—No por17 tion of the Trust Fund shall be distributed on a per 

18 capita basis to any member of the Nation. 

19 (11) EXPENDITURE REPORTS.—The Navajo 

20 Nation shall submit to the Secretary annually an ex21 penditure report describing accomplishments and 

22 amounts spent from use of withdrawals under a 

23 Tribal management plan or an expenditure plan as 

24 described in this section. 

25 (f) AUTHORIZATION OF APPROPRIATIONS.— 
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1 (1) AUTHORIZATION.—There are authorized to 

2 be appropriated to the Secretary— 

3 (A) for deposit in the Navajo Water Devel4 opment Projects Account of the Trust Fund es5 tablished under subsection (e)(2)(A), 

6 $198,300,000, which funds shall be retained 

7 until expended, withdrawn, or reverted to the 

8 general fund of the Treasury; and 

9 (B) for deposit in the Navajo OM&R Ac10 count of the Trust Fund established under sub11 section (e)(2)(B), $11,100,000, which funds 

12 shall be retained until expended, withdrawn, or 

13 reverted to the general fund of the Treasury. 

14 (2) IMPLEMENTATION COSTS.—There is author15 ized to be appropriated non-trust funds in the 

16 amount of $1,000,000 to assist the United States 

17 with costs associated with the implementation of this 

18 section, including the preparation of a hydrographic 

19 survey of historic and existing water uses on the 

20 Reservation and on allotments. 

21 (3) STATE COST SHARE.—The State shall con22 tribute $8,000,000 payable to the Secretary for de23 posit into the Navajo Water Development Projects 

24 Account of the Trust Fund established under sub25 section (e)(2)(A) in installments in each of the 3 
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1 years following the execution of the agreement by 

2 the Secretary as provided for in subsection (c)(2). 

3 (4) FLUCTUATION IN COSTS.—The amount au4 thorized to be appropriated under paragraph (1) 

5 shall be increased or decreased, as appropriate, by 

6 such amounts as may be justified by reason of ordi7 nary fluctuations in costs occurring after the date of 

8 enactment of this Act as indicated by the Bureau of 

9 Reclamation Construction Cost Index—Composite 

10 Trend. 

11 (A) REPETITION.—The adjustment process 

12 under this paragraph shall be repeated for each 

13 subsequent amount appropriated until the 

14 amount authorized, as adjusted, has been ap15 propriated. 

16 (B) PERIOD OF INDEXING.—The period of 

17 indexing adjustment for any increment of fund18 ing shall end on the date on which funds are 

19 deposited into the Trust Fund. 

20 (g) CONDITIONS PRECEDENT.— 

21 (1) IN GENERAL.—The waivers and releases 

22 contained in subsection (h) shall become effective as 

23 of the date the Secretary causes to be published in 

24 the Federal Register a statement of findings that— 
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1 (A) to the extent that the agreement con2 flicts with this section, the agreement has been 

3 revised to conform with this section; 

4 (B) the agreement, so revised, including 

5 waivers and releases of claims set forth in sub6 section (h), has been executed by the parties, 

7 including the United States; 

8 (C) Congress has fully appropriated, or the 

9 Secretary has provided from other authorized 

10 sources, all funds authorized under subsection 

11 (f)(1); 

12 (D) the State has enacted any necessary 

13 legislation and provided the funding required 

14 under the agreement and subsection (f)(3); and 

15 (E) the court has entered a final or inter16 locutory decree that— 

17 (i) confirms the Navajo water rights 

18 consistent with the agreement and this sec19 tion; and 

20 (ii) with respect to the Navajo water 

21 rights, is final and nonappealable. 

22 (2) EXPIRATION DATE.—If all the conditions 

23 precedent described in paragraph (1) have not been 

24 fulfilled to allow the Secretary’s statement of find-
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1 ings to be published in the Federal Register by Oc2 tober 31, 2030— 

3 (A) the agreement and this section, includ4 ing waivers and releases of claims described in 

5 those documents, shall no longer be effective; 

6 (B) any funds that have been appropriated 

7 pursuant to subsection (f) but not expended, in8 cluding any investment earnings on funds that 

9 have been appropriated pursuant to such sub10 section, shall immediately revert to the general 

11 fund of the Treasury; and 

12 (C) any funds contributed by the State 

13 pursuant to subsection (f)(3) but not expended 

14 shall be returned immediately to the State. 

15 (3) EXTENSION.—The expiration date set forth 

16 in paragraph (2) may be extended if the Navajo Na17 tion, the State, and the United States (acting 

18 through the Secretary) agree that an extension is 

19 reasonably necessary. 

20 (h) WAIVERS AND RELEASES.— 

21 (1) IN GENERAL.— 

22 (A) WAIVER AND RELEASE OF CLAIMS BY

23 THE NATION AND THE UNITED STATES ACTING

24 IN ITS CAPACITY AS TRUSTEE FOR THE NA25 TION.—Subject to the retention of rights set 
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1 forth in paragraph (3), in return for confirma2 tion of the Navajo water rights and other bene3 fits set forth in the agreement and this section, 

4 the Nation, on behalf of itself and the members 

5 of the Nation (other than members in their ca6 pacity as allottees), and the United States, act7 ing as trustee for the Nation and members of 

8 the Nation (other than members in their capac9 ity as allottees), are authorized and directed to 

10 execute a waiver and release of— 

11 (i) all claims for water rights within 

12 Utah based on any and all legal theories 

13 that the Navajo Nation or the United 

14 States acting in its trust capacity for the 

15 Nation, asserted, or could have asserted, at 

16 any time in any proceeding, including to 

17 the general stream adjudication, up to and 

18 including the enforceability date, except to 

19 the extent that such rights are recognized 

20 in the agreement and this section; and 

21 (ii) all claims for damages, losses, or 

22 injuries to water rights or claims of inter23 ference with, diversion, or taking of water 

24 rights (including claims for injury to lands 

25 resulting from such damages, losses, inju-
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1 ries, interference with, diversion, or taking 

2 of water rights) within Utah against the 

3 State, or any person, entity, corporation, 

4 or municipality, that accrued at any time 

5 up to and including the enforceability date. 

6 (2) CLAIMS BY THE NAVAJO NATION AGAINST

7 THE UNITED STATES.—The Navajo Nation, on be8 half of itself (including in its capacity as allottee) 

9 and its members (other than members in their ca10 pacity as allottees), shall execute a waiver and re11 lease of— 

12 (A) all claims the Navajo Nation may have 

13 against the United States relating in any man14 ner to claims for water rights in, or water of, 

15 Utah that the United States acting in its trust 

16 capacity for the Nation asserted, or could have 

17 asserted, in any proceeding, including the gen18 eral stream adjudication; 

19 (B) all claims the Navajo Nation may have 

20 against the United States relating in any man21 ner to damages, losses, or injuries to water, 

22 water rights, land, or other resources due to 

23 loss of water or water rights (including dam24 ages, losses, or injuries to hunting, fishing, 

25 gathering, or cultural rights due to loss of 
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1 water or water rights; claims relating to inter2 ference with, diversion, or taking of water; or 

3 claims relating to failure to protect, acquire, re4 place, or develop water or water rights) within 

5 Utah that first accrued at any time up to and 

6 including the enforceability date; 

7 (C) all claims the Nation may have against 

8 the United States relating in any manner to the 

9 litigation of claims relating to the Nation’s 

10 water rights in proceedings in Utah; and 

11 (D) all claims the Nation may have against 

12 the United States relating in any manner to the 

13 negotiation, execution, or adoption of the agree14 ment or this section. 

15 (3) RESERVATION OF RIGHTS AND RETENTION

16 OF CLAIMS BY THE NAVAJO NATION AND THE

17 UNITED STATES.—Notwithstanding the waivers and 

18 releases authorized in this section, the Navajo Na19 tion, and the United States acting in its trust capac20 ity for the Nation, retain— 

21 (A) all claims for injuries to and the en22 forcement of the agreement and the final or in23 terlocutory decree entered in the general stream 

24 adjudication, through such legal and equitable 

25 remedies as may be available in the decree 
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1 court or the Federal District Court for the Dis2 trict of Utah; 

3 (B) all rights to use and protect water 

4 rights acquired after the enforceability date; 

5 (C) all claims relating to activities affect6 ing the quality of water, including any claims 

7 under the Comprehensive Environmental Re8 sponse, Compensation, and Liability Act of 

9 1980 (42 U.S.C. 9601 et seq.) (including claims 

10 for damages to natural resources), the Safe 

11 Drinking Water Act (42 U.S.C. 300f et seq.), 

12 and the Federal Water Pollution Control Act 

13 (33 U.S.C. 1251 et seq.), the regulations imple14 menting those Acts, and the common law; 

15 (D) all claims for water rights, and claims 

16 for injury to water rights, in States other than 

17 the State of Utah; 

18 (E) all claims, including environmental 

19 claims, under any laws (including regulations 

20 and common law) relating to human health, 

21 safety, or the environment; and 

22 (F) all rights, remedies, privileges, immu23 nities, and powers not specifically waived and 

24 released pursuant to the agreement and this 

25 section. 
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1 (4) EFFECT.—Nothing in the agreement or this 

2 section— 

3 (A) affects the ability of the United States 

4 acting in its sovereign capacity to take actions 

5 authorized by law, including any laws relating 

6 to health, safety, or the environment, including 

7 the Comprehensive Environmental Response, 

8 Compensation, and Liability Act of 1980 (42 

9 U.S.C. 9601 et seq.), the Safe Drinking Water 

10 Act (42 U.S.C. 300f et seq.), the Federal Water 

11 Pollution Control Act (33 U.S.C. 1251 et seq.), 

12 the Solid Waste Disposal Act (42 U.S.C. 6901 

13 et seq.), and the regulations implementing those 

14 laws; 

15 (B) affects the ability of the United States 

16 to take actions in its capacity as trustee for any 

17 other Indian Tribe or allottee; 

18 (C) confers jurisdiction on any State court 

19 to— 

20 (i) interpret Federal law regarding 

21 health, safety, or the environment or deter22 mine the duties of the United States or 

23 other parties pursuant to such Federal 

24 law; and 
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1 (ii) conduct judicial review of Federal 

2 agency action; or 

3 (D) modifies, conflicts with, preempts, or 

4 otherwise affects— 

5 (i) the Boulder Canyon Project Act 

6 (43 U.S.C. 617 et seq.); 

7 (ii) the Boulder Canyon Project Ad8 justment Act (43 U.S.C. 618 et seq.); 

9 (iii) the Act of April 11, 1956 (com10 monly known as the ‘‘Colorado River Stor11 age Project Act’’) (43 U.S.C. 620 et seq.); 

12 (iv) the Colorado River Basin Project 

13 Act (43 U.S.C. 1501 et seq.); 

14 (v) the Treaty between the United 

15 States of America and Mexico respecting 

16 utilization of waters of the Colorado and 

17 Tijuana Rivers and of the Rio Grande, 

18 signed at Washington February 3, 1944 

19 (59 Stat. 1219); 

20 (vi) the Colorado River Compact of 

21 1922, as approved by the Presidential 

22 Proclamation of June 25, 1929 (46 Stat. 

23 3000); and 
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1 (vii) the Upper Colorado River Basin 

2 Compact as consented to by the Act of 

3 April 6, 1949 (63 Stat. 31, chapter 48). 

4 (5) TOLLING OF CLAIMS.— 

5 (A) IN GENERAL.—Each applicable period 

6 of limitation and time-based equitable defense 

7 relating to a claim waived by the Navajo Nation 

8 described in this subsection shall be tolled for 

9 the period beginning on the date of enactment 

10 of this Act and ending on the enforceability 

11 date. 

12 (B) EFFECT OF PARAGRAPH.—Nothing in 

13 this paragraph revives any claim or tolls any 

14 period of limitation or time-based equitable de15 fense that expired before the date of enactment 

16 of this Act. 

17 (C) LIMITATION.—Nothing in this sub18 section precludes the tolling of any period of 

19 limitations or any time-based equitable defense 

20 under any other applicable law. 

21 (i) MISCELLANEOUS PROVISIONS.— 

22 (1) PRECEDENT.—Nothing in this section es23 tablishes any standard for the quantification or liti24 gation of Federal reserved water rights or any other 
39 

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1 Indian water claims of any other Indian Tribe in 

2 any other judicial or administrative proceeding. 

3 (2) OTHER INDIAN TRIBES.—Nothing in the 

4 agreement or this section shall be construed in any 

5 way to quantify or otherwise adversely affect the 

6 water rights, claims, or entitlements to water of any 

7 Indian Tribe, band, or community, other than the 

8 Navajo Nation. 

9 (j) RELATION TO ALLOTTEES.— 

10 (1) NO EFFECT ON CLAIMS OF ALLOTTEES.— 

11 Nothing in this section or the agreement shall affect 

12 the rights or claims of allottees, or the United 

13 States, acting in its capacity as trustee for or on be14 half of allottees, for water rights or damages related 

15 to lands allotted by the United States to allottees, 

16 except as provided in subsection (d)(1)(B). 

17 (2) RELATIONSHIP OF DECREE TO

18 ALLOTTEES.—Allottees, or the United States, acting 

19 in its capacity as trustee for allottees, are not bound 

20 by any decree entered in the general stream adju21 dication confirming the Navajo water rights and 

22 shall not be precluded from making claims to water 

23 rights in the general stream adjudication. Allottees, 

24 or the United States, acting in its capacity as trust25 ee for allottees, may make claims and such claims 
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1 may be adjudicated as individual water rights in the 

2 general stream adjudication. 

3 (k) ANTIDEFICIENCY.—The United States shall not 

4 be liable for any failure to carry out any obligation or ac5 tivity authorized by this section (including any obligation 

6 or activity under the agreement) if adequate appropria7 tions are not provided expressly by Congress to carry out 

8 the purposes of this section. 

9 SEC. 5. SHARING ARRANGEMENTS WITH FEDERAL AGEN10 CIES. 

11 Section 405 of the Indian Health Care Improvement 

12 Act (25 U.S.C. 1645) is amended— 

13 (1) in subsection (a)(1), by inserting ‘‘urban In14 dian organizations,’’ before ‘‘and tribal organiza15 tions’’; and 

16 (2) in subsection (c)— 

17 (A) by inserting ‘‘urban Indian organiza18 tion,’’ before ‘‘or tribal organization’’; and 

19 (B) by inserting ‘‘an urban Indian organi20 zation,’’ before ‘‘or a tribal organization’’. 

21 SEC. 6. AMENDMENT TO THE INDIAN HEALTH CARE IM22 PROVEMENT ACT. 

23 Section 409 of the Indian Health Care Improvement 

24 Act (25 U.S.C. 1647b) is amended by inserting ‘‘or the 
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1 Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 

2 et seq.)’’ after ‘‘(25 U.S.C. 450 et seq.)’’. 

Passed the Senate June 4, 2020. 

Attest: 

Secretary. 
116TH CONGRESS 

2D SESSION S. 886 

AN ACT 

To amend the Omnibus Public Land Management 

tlements Fund permanent. Act of 2009 to make the Reclamation Water Set-