II 

117TH CONGRESS 

2D SESSION S. 5068 

To amend the Northwestern New Mexico Rural Water Projects Act to make 

improvements to that Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 11, 2022 

Mr. KING (for Mr. LUJA ́N) introduced the following bill; which was read twice 

and referred to the Committee on Energy and Natural Resources 

NOVEMBER 29, 2022 

Committee discharged; referred to the Committee on Indian Affairs 

A BILL 

To amend the Northwestern New Mexico Rural Water 

Projects Act to make improvements to that Act, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Navajo-Gallup Water 

5 Supply Project Amendments Act of 2022’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

S 5068 RCS

1 SEC. 2. DEFINITIONS. 

2 Section 10302 of the Northwestern New Mexico 

3 Rural Water Projects Act (43 U.S.C. 407 note; Public 

4 Law 111–11) is amended— 

5 (1) by redesignating paragraphs (12), (13), 

6 (14), (15), (16), (17), (18), (19), (20), (21), (22), 

7 (23), (24), (25), (26), (27), (28), (29), and (30) as 

8 paragraphs (13), (14), (15), (16), (17), (18), (19), 

9 (20), (21), (22), (23), (24), (25), (28), (29), (30), 

10 (31), (32), and (33), respectively; 

11 (2) by inserting after paragraph (11) the fol12 lowing: 

13 ‘‘(12) DEFERRED CONSTRUCTION FUND.—The 

14 term ‘Deferred Construction Fund’ means the Nav15 ajo Nation’s Navajo-Gallup Water Supply Project 

16 Deferred Construction Fund established by section 

17 10602(i)(1)(A).’’; 

18 (3) in paragraph (14) (as so redesignated)— 

19 (A) in the paragraph heading, by striking 

20 ‘‘DRAFT’’ and inserting ‘‘FINAL ENVIRON21 MENTAL’’; 

22 (B) by striking ‘‘Draft Impact’’ and insert23 ing ‘‘Final Environmental’’; 

24 (C) by striking ‘‘draft environmental’’ and 

25 inserting ‘‘final environmental’’; and 


kjohnson on DSK79L0C42PROD with BILLS
3 

S 5068 RCS

1 (D) by striking ‘‘March 2007’’ and insert2 ing ‘‘July 6, 2009’’; 

3 (4) in paragraph (19) (as so redesignated), by 

4 striking ‘‘Draft’’ and inserting ‘‘Final Environ5 mental’’; 

6 (5) by inserting after paragraph (25) (as so re7 designated) the following: 

8 ‘‘(26) PROJECT SERVICE AREA.—The term 

9 ‘Project Service Area’ means the area that encom10 passes the 43 Nation chapters, the southwest por11 tion of the Jicarilla Apache Reservation, and the 

12 City that is identified to be served by the Project, 

13 as illustrated in figure IV–5 (Drawing No. 1695– 

14 406–49) of the Final Environmental Impact State15 ment. 

16 ‘‘(27) SAN JUAN GENERATING STATION.—The 

17 term ‘San Juan Generating Station’ means the coal18 fired, 4-unit electric power plant and ancillary fea19 tures located by the San Juan Mine near Waterflow, 

20 New Mexico.’’; and 

21 (6) by adding at the end the following: 

22 ‘‘(34) WORKING COST ESTIMATE.—The term 

23 ‘Working Cost Estimate’ means the Bureau of Rec24 lamation document entitled ‘NGWSP October 2020 

25 WCE’ and dated May 20, 2021, that details the 


kjohnson on DSK79L0C42PROD with BILLS
4 

S 5068 RCS

1 costs totaling $1,705,174,000, at the October 2020 

2 price level, of the Project, as configured on that 

3 date.’’. 

4 SEC. 3. NAVAJO-GALLUP WATER SUPPLY PROJECT. 

5 (a) AUTHORIZATION OF NAVAJO-GALLUP WATER

6 SUPPLY PROJECT.—Section 10602 of the Northwestern 

7 New Mexico Rural Water Projects Act (Public Law 111– 

8 11; 123 Stat. 1379) is amended— 

9 (1) in subsection (a)— 

10 (A) in the subsection heading, by striking 

11 ‘‘IN GENERAL’’ and inserting ‘‘AUTHORIZA12 TION’’; 

13 (B) by striking ‘‘The Secretary’’ and in14 serting the following: 

15 ‘‘(1) IN GENERAL.—The Secretary’’; 

16 (C) in paragraph (1) (as so designated), by 

17 striking ‘‘Draft Impact Statement’’ and insert18 ing ‘‘Final Environmental Impact Statement, as 

19 further refined in, and including the facilities 

20 identified in, the Working Cost Estimate and 

21 any subsequent supplemental documents pre22 pared in accordance with the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 et 

24 seq.).’’; and 

25 (D) by adding at the end the following: 


kjohnson on DSK79L0C42PROD with BILLS
5 

S 5068 RCS

1 ‘‘(2) ADDITIONAL SERVICE AREAS.— 

2 ‘‘(A) FINDINGS.—Congress finds that— 

3 ‘‘(i) expanding the Project Service 

4 Area would create opportunities to increase 

5 service for additional Nation Tribal mem6 bers and would not increase the cost of the 

7 Project beyond authorization levels de8 scribed in section 10609(a); and 

9 ‘‘(ii) the unit operations and mainte10 nance costs of the Project would be re11 duced by adding more customers to the 

12 Project. 

13 ‘‘(B) AUTHORIZATIONS FOR ADDITIONAL

14 PROJECT SERVICE AREAS.— 

15 ‘‘(i) NEW MEXICO.—In addition to de16 livering water supply from the Project to 

17 the Nation communities in the San Juan 

18 River Basin, the Nation may expand the 

19 Project Service Area in order to deliver 

20 water supply from the Project to commu21 nities of the Nation within the Rio San 

22 Jose Basin, New Mexico. 

23 ‘‘(ii) ARIZONA.—In addition to deliv24 ering water supply from the Project to the 

25 Nation communities of Fort Defiance and 


kjohnson on DSK79L0C42PROD with BILLS
6 

S 5068 RCS

1 Window Rock, Arizona, and subject to sec2 tion 10603(c)(1), the Nation may expand 

3 the Project Service Area in order to deliver 

4 water supply from the Project to the Na5 tion community of Lupton, Arizona, within 

6 the Little Colorado River Basin, Arizona.’’; 

7 (2) in subsection (b)— 

8 (A) in the matter preceding paragraph 

9 (1)— 

10 (i) by inserting ‘‘acquire,’’ before 

11 ‘‘construct,’’; and 

12 (ii) by striking ‘‘Draft Impact State13 ment’’ and inserting ‘‘Final Environmental 

14 Impact Statement, as further refined in, 

15 and including the facilities identified in, 

16 the Working Cost Estimate and any subse17 quent supplemental documents prepared in 

18 accordance with the National Environ19 mental Policy Act of 1969 (42 U.S.C. 

20 4321 et seq.)’’; 

21 (B) by striking paragraph (1) and insert22 ing the following: 

23 ‘‘(1) SAN JUAN GENERATING STATION.— 

24 ‘‘(A) IN GENERAL.—The water conveyance 

25 and storage facilities associated with the San 


kjohnson on DSK79L0C42PROD with BILLS
7 

S 5068 RCS

1 Juan Generating Station, including the diver2 sion dam, the intake structure, the river pump3 ing plant, the pipeline from the river to the res4 ervoir, the dam and associated reservoir, the 

5 power line between the river and reservoir, and 

6 any associated land, rights-of-way, easements, 

7 or ancillary features. 

8 ‘‘(B) WAIVER OF APPRAISAL.—Notwith9 standing any other provision of law, the Sec10 retary may waive an appraisal relating to the 

11 acquisition of the water conveyance and storage 

12 facilities associated with the San Juan Gener13 ating Station described in subparagraph (A).’’; 

14 (C) in paragraph (2)(A)— 

15 (i) by striking ‘‘River near Kirtland, 

16 New Mexico,’’ and inserting ‘‘Generating 

17 Station Reservoir’’; and 

18 (ii) by inserting ‘‘generally’’ before 

19 ‘‘follows United States Highway 491’’; 

20 (D) in paragraph (3)(A), by inserting 

21 ‘‘generally’’ before ‘‘follows United States High22 way 550’’; and 

23 (E) in paragraph (5), by inserting ‘‘(in24 cluding any reservoir facility)’’ after ‘‘treatment 

25 facility’’; 


kjohnson on DSK79L0C42PROD with BILLS
8 

S 5068 RCS

1 (3) in subsection (c)— 

2 (A) in the subsection heading, by inserting 

3 ‘‘AND FACILITIES’’ after ‘‘LAND’’; 

4 (B) in paragraph (1), by striking ‘‘any 

5 land or interest in land that is’’ and inserting 

6 ‘‘any land or facilities, or interest in land or fa7 cilities, that are’’; and 

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

9 ‘‘(4) LAND TO BE TAKEN INTO TRUST.— 

10 ‘‘(A) IN GENERAL.—On satisfaction of the 

11 conditions described in paragraph (7) of the 

12 Agreement and after the requirements of sec13 tions 10701(e) and 10703 are met, the Sec14 retary shall take legal title to the following land 

15 and, subject to subparagraph (D), hold that 

16 land in trust for the benefit of the Nation: 

17 ‘‘(i) Fee land of the Nation, includ18 ing— 

19 ‘‘(I) the parcels of land on which 

20 the Tohlakai Pumping Plant, Reach 

21 12A and Reach 12B, are located, in22 cluding, in McKinley County, New 

23 Mexico— 


kjohnson on DSK79L0C42PROD with BILLS
9 

S 5068 RCS

1 ‘‘(aa) sec. 5, T. 16 N., R. 18 

2 W., New Mexico Prime Meridian; 

3 and 

4 ‘‘(bb) sec. 33, T. 17 N., R. 

5 17 W., New Mexico Prime Meridian (except lot 9 and the NW1 6 ⁄4

7 of lot 4); 

8 ‘‘(II) the parcel of land on which 

9 Reach 12.1 is located, including— 

‘‘(aa) NW1⁄4 and SW1 10 ⁄4 sec. 

11 5, T. 16 N., R. 18 W.; 

‘‘(bb) N1 12 ⁄2 sec. 11, T. 16 N., 

13 R. 19 W.; and 

14 ‘‘(cc) sec. 12, T. 16 N., R. 

15 20 W.; and 

16 ‘‘(III) the parcel of land on which 

17 Reach 12.2 is located, including 

NW1 18 ⁄4. sec. 2, T. 16 N., R. 21 W. 

19 ‘‘(ii) Public domain land managed by 

20 the Bureau of Land Management, includ21 ing— 

22 ‘‘(I) the parcel of land on which 

23 the Cutter Lateral Water Treatment 

Plant is located, including S1 24 ⁄2 sec. 9, 


kjohnson on DSK79L0C42PROD with BILLS
10 

S 5068 RCS

1 T. 25 N., R. 9 W., New Mexico Prime 

2 Meridian; and 

3 ‘‘(II) the parcel of land on which 

4 the Navajo Agricultural Products In5 dustry turnout is located, including 

NW1⁄4 and NE1 6 ⁄4 sec. 34, T. 26 N., 

7 R. 9 W., New Mexico Prime Meridian. 

8 ‘‘(iii) Public domain land managed by 

9 the Bureau of Reclamation, including the 

10 land underlying the San Juan Generating 

11 Station facilities acquired by the United 

12 States. 

13 ‘‘(B) PART OF NAVAJO NATION.—The land 

14 taken into trust under subparagraph (A) shall 

15 be part of the Navajo Reservation and adminis16 tered in accordance with the laws and regula17 tions generally applicable to land held in trust 

18 by the United States for the benefit of an In19 dian Tribe. 

20 ‘‘(C) LIMITATIONS.—The land taken into 

21 trust under subparagraph (A) shall be subject 

22 to valid existing rights, contracts, and manage23 ment agreements, including easements and 

24 rights-of-way. 


kjohnson on DSK79L0C42PROD with BILLS
11 

S 5068 RCS

1 ‘‘(D) SAVINGS CLAUSE.—Nothing in this 

2 paragraph affects any— 

3 ‘‘(i) water right of the Nation in exist4 ence on the day before the date of enact5 ment of the Navajo-Gallup Water Supply 

6 Project Amendments Act of 2022; and 

7 ‘‘(ii) right or claim of the Nation to 

8 any land or interest in land in existence on 

9 the day before the date of enactment of the 

10 Navajo-Gallup Water Supply Project 

11 Amendments Act of 2022.’’; 

12 (4) in subsection (d)(1)(D), by striking ‘‘Draft’’ 

13 and inserting ‘‘Final Environmental’’; 

14 (5) in subsection (e)— 

15 (A) by striking ‘‘The Secretary’’ and in16 serting the following: 

17 ‘‘(1) IN GENERAL.—The Secretary’’; and 

18 (B) by adding at the end the following: 

19 ‘‘(2) RENEWABLE ENERGY AND HYDRO20 ELECTRIC POWER.— 

21 ‘‘(A) RENEWABLE ENERGY.—For any por22 tion of the Project that does not have access to 

23 Colorado River Storage Project power, the Sec24 retary may use not more than $6,250,000 of 


kjohnson on DSK79L0C42PROD with BILLS
12 

S 5068 RCS

1 the amounts made available under section 

2 10609(a)(1) to develop renewable energy. 

3 ‘‘(B) HYDROELECTRIC POWER.—Notwith4 standing whether a Project facility has access 

5 to Colorado River Storage Project power, the 

6 Secretary may use not more than $1,250,000 of 

7 the $6,250,000 authorized to be used to develop 

8 renewable energy under subparagraph (A) to 

9 develop hydroelectric power for any Project fa10 cility that can use hydraulic head to produce 

11 electricity.’’; 

12 (6) in subsection (h)(1), in the matter pre13 ceding subparagraph (A), by inserting ‘‘, store,’’ 

14 after ‘‘treat’’; and 

15 (7) by adding at the end the following: 

16 ‘‘(i) DEFERRED CONSTRUCTION OF PROJECT FA17 CILITIES.— 

18 ‘‘(1) DEFERRED CONSTRUCTION OF PROJECT

19 FACILITIES.—On mutual agreement between the Na20 tion and the Secretary, and the Jicarilla Apache Na21 tion if the deferred Project facilities benefit the 

22 Jicarilla Apache Nation, construction of selected 

23 Project facilities may be deferred to save operation 

24 and maintenance expenses associated with that con25 struction. 


kjohnson on DSK79L0C42PROD with BILLS
13 

S 5068 RCS

1 ‘‘(2) DEFERRED CONSTRUCTION FUND.— 

2 ‘‘(A) ESTABLISHMENT.—There is estab3 lished in the Treasury a fund, to be known as 

4 the ‘Navajo Nation’s Navajo-Gallup Water Sup5 ply Project Deferred Construction Fund’, to 

6 consist of— 

7 ‘‘(i) amounts that correspond to por8 tions of the Project that have been de9 ferred under paragraph (1); and 

10 ‘‘(ii) any interest or other gains on 

11 amounts referred to in clause (i). 

12 ‘‘(B) USE OF THE DEFERRED CONSTRUC13 TION FUND.—The Nation may use amounts in 

14 the Deferred Construction Fund— 

15 ‘‘(i) to construct Project facilities that 

16 have been deferred under paragraph (1); 

17 or 

18 ‘‘(ii) to construct alternate facilities 

19 agreed on under subparagraph (C). 

20 ‘‘(C) ALTERNATE FACILITIES CONSISTENT

21 WITH THE PURPOSE OF THE PROJECT.—On 

22 agreement between the Nation and the Sec23 retary, and the Jicarilla Apache Nation if the 

24 deferred Project facilities benefit the Jicarilla 

25 Apache Nation, and in compliance with all apVerDate Sep 11 2014 21:57 Nov 30, 2022 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S5068.RCS S5068

kjohnson on DSK79L0C42PROD with BILLS
14 

S 5068 RCS

1 plicable environmental and cultural resource 

2 protection laws, facilities other than those pre3 viously agreed to be deferred under paragraph 

4 (1) may be constructed if those alternate facili5 ties are consistent with the purposes of the 

6 Project described in section 10601. 

7 ‘‘(3) AMOUNTS TO BE DEPOSITED.—Funds allo8 cated from the amounts made available under sec9 tion 10609(a)(1) to build facilities referred to in 

10 paragraph (1) shall be deposited into the Deferred 

11 Construction Fund. 

12 ‘‘(4) ADJUSTMENTS.—On deposit of amounts 

13 into the Deferred Construction Fund under para14 graph (3), the adjustments to authorized appropria15 tions under section 10609(a)(2) shall no longer 

16 apply to those amounts. 

17 ‘‘(5) DEADLINE TO CONSTRUCT PROJECT FA18 CILITIES.—On deposit of all amounts into the De19 ferred Construction Fund for construction of Project 

20 facilities agreed on under paragraph (1), the Sec21 retary shall be deemed to have met the obligation 

22 under section 10701(e)(1)(A)(ix). 

23 ‘‘(6) FUTURE CONSTRUCTION OF PROJECT FA24 CILITIES.—On agreement between the Nation and 

25 the Secretary, and the Jicarilla Apache Nation if the 


kjohnson on DSK79L0C42PROD with BILLS
15 

S 5068 RCS

1 deferred Project facilities benefit the Jicarilla 

2 Apache Nation, the Nation shall use amounts depos3 ited into the Deferred Construction Fund to con4 struct— 

5 ‘‘(A) Project facilities deferred under para6 graph (1); or 

7 ‘‘(B) alternate Project facilities described 

8 in paragraph (2)(C).’’. 

9 (b) DELIVERY AND USE OF NAVAJO-GALLUP WATER

10 SUPPLY PROJECT WATER.—Section 10603(a)(3)(B) of 

11 the Northwestern New Mexico Rural Water Projects Act 

12 (Public Law 111–11; 123 Stat. 1383) is amended— 

13 (1) in clause (i), by inserting ‘‘or, if generated 

14 on City-owned facilities, by the City’’ after ‘‘the Na15 tion’’; and 

16 (2) in clause (ii), by inserting ‘‘, except that the 

17 City shall retain all revenue from the sale of hydro18 electric power that is generated on City-owned facili19 ties’’ after ‘‘hydroelectric power’’. 

20 (c) PROJECT CONTRACTS.—Section 10604 of the 

21 Northwestern New Mexico Rural Water Projects Act 

22 (Public Law 111–11; 123 Stat. 1388) is amended— 

23 (1) in subsection (b)(3)— 


kjohnson on DSK79L0C42PROD with BILLS
16 

S 5068 RCS

1 (A) in subparagraph (A), by striking ‘‘sub2 paragraph (B)’’ and inserting ‘‘subparagraphs 

3 (B) and (C)’’; 

4 (B) in subparagraph (B)— 

5 (i) in the subparagraph heading, by 

6 striking ‘‘MINIMUM PERCENTAGE’’ and in7 serting ‘‘MAXIMUM PERCENTAGE’’; 

8 (ii) by striking ‘‘at least 25 percent’’ 

9 and inserting ‘‘not more than 25 percent’’; 

10 and 

11 (iii) by striking ‘‘, but shall in no 

12 event exceed 35 percent’’; and 

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

14 ‘‘(C) MAXIMUM REPAYMENT OBLIGA15 TION.—The repayment obligation of the City 

16 referred to in subparagraphs (A) and (B) shall 

17 not exceed $76,000,000.’’; 

18 (2) in subsection (c)(1)(B), by inserting ‘‘sub19 section (f) and’’ before ‘‘section 10603(g)’’; 

20 (3) in subsection (d)(1), by striking ‘‘Draft’’ 

21 and inserting ‘‘Final Environmental’’; 

22 (4) in subsection (e), by striking ‘‘Draft’’ and 

23 inserting ‘‘Final Environmental’’; and 

24 (5) in subsection (f)— 


kjohnson on DSK79L0C42PROD with BILLS
17 

S 5068 RCS

1 (A) by redesignating paragraphs (1) 

2 through (5) as subparagraphs (A) through (E), 

3 respectively, and indenting appropriately; 

4 (B) by inserting before subparagraph (A) 

5 (as so designated) the following: 

6 ‘‘(1) NAVAJO NATION.—’’; 

7 (C) in paragraph (1) (as so designated)— 

8 (i) in subparagraph (A) (as so redes9 ignated), by striking ‘‘may waive’’ and all 

10 that follows through the period at the end 

11 and inserting ‘‘shall waive, for a period of 

12 15 years, the operation, maintenance, and 

13 replacement costs allocable to the Na14 tion.’’; 

15 (ii) in subparagraph (B) (as so redes16 ignated)— 

17 (I) by striking ‘‘paragraph (1)’’ 

18 and inserting ‘‘subparagraph (A) ex19 pires’’; 

20 (II) by striking ‘‘allocated’’; and 

21 (III) by inserting ‘‘that are allo22 cated to the Nation’’ after ‘‘Project’’; 

23 (iii) in subparagraph (C) (as so redes24 ignated), by striking ‘‘paragraph (1)’’ and 

25 inserting ‘‘subparagraph (A)’’; 


kjohnson on DSK79L0C42PROD with BILLS
18 

S 5068 RCS

1 (iv) by striking subparagraph (D) (as 

2 so redesignated) and inserting the fol3 lowing: 

4 ‘‘(D) ANTIDEFICIENCY.—The Secretary 

5 shall not be liable for any failure to carry out 

6 any obligation or activity authorized by this 

7 subsection if adequate appropriations are not 

8 provided expressly by an Act of Congress to 

9 carry out the purposes of this subsection.’’; and 

10 (v) by striking subparagraph (E) (as 

11 so redesignated) and inserting the fol12 lowing: 

13 ‘‘(E) TERMINATION OF WAIVER.—The 

14 waiver authorized under subparagraph (A) shall 

15 terminate with respect to a section of the 

16 Project on the earlier of— 

17 ‘‘(i) the date on which that section of 

18 the Project is transferred to the Nation 

19 under section 10602(f); and 

20 ‘‘(ii) the date on which the waiver 

21 granted by the Secretary under that sub22 paragraph has been in place for 15 

23 years.’’; and 

24 (D) by adding at the end the following: 

25 ‘‘(2) JICARILLA APACHE NATION.— 


kjohnson on DSK79L0C42PROD with BILLS
19 

S 5068 RCS

1 ‘‘(A) IN GENERAL.—On the date on which 

2 the Secretary declares a section of the Project 

3 to be substantially complete and delivery of 

4 water generated by and through that section of 

5 the Project can be made to the Jicarilla Apache 

6 Nation, the Secretary shall waive, for a period 

7 of 10 years, the operation, maintenance, and re8 placement costs allocable to the Jicarilla 

9 Apache Nation. 

10 ‘‘(B) SUBSEQUENT PAYMENT BY

11 JICARILLA APACHE NATION.—After a waiver 

12 under subparagraph (A) expires, the Jicarilla 

13 Apache Nation shall pay all operation, mainte14 nance, and replacement costs of that section of 

15 the Project that are allocated to the Jicarilla 

16 Apache Nation. 

17 ‘‘(C) PAYMENT BY UNITED STATES.—Any 

18 operation, maintenance, or replacement costs 

19 waived by the Secretary under subparagraph 

20 (A) shall be paid by the United States and shall 

21 be nonreimbursable. 

22 ‘‘(D) ANTIDEFICIENCY.—The Secretary 

23 shall not be liable for any failure to carry out 

24 any obligation or activity authorized by this 

25 subsection if adequate appropriations are not 


kjohnson on DSK79L0C42PROD with BILLS
20 

S 5068 RCS

1 provided expressly by an Act of Congress to 

2 carry out the purposes of this subsection. 

3 ‘‘(3) CITY OF GALLUP.— 

4 ‘‘(A) IN GENERAL.—On the date on which 

5 the Secretary declares a section of the Project 

6 to be substantially complete and delivery of 

7 water generated by and through that section of 

8 the Project can be made to the City, the Sec9 retary shall waive, for a period of 10 years, the 

10 operation, maintenance, and replacement costs 

11 allocable to the City. 

12 ‘‘(B) SUBSEQUENT PAYMENT BY CITY OF

13 GALLUP.—After a waiver under subparagraph 

14 (A) expires, the City shall pay all operation, 

15 maintenance, and replacement costs of that sec16 tion of the Project that are allocated to the 

17 City. 

18 ‘‘(C) PAYMENT BY UNITED STATES.—Any 

19 operation, maintenance, or replacement costs 

20 waived by the Secretary under subparagraph 

21 (A) shall be paid by the United States and shall 

22 be nonreimbursable. 

23 ‘‘(D) ANTIDEFICIENCY.—The Secretary 

24 shall not be liable for any failure to carry out 

25 any obligation or activity authorized by this 


kjohnson on DSK79L0C42PROD with BILLS
21 

S 5068 RCS

1 subsection if adequate appropriations are not 

2 provided expressly by an Act of Congress to 

3 carry out the purposes of this subsection.’’. 

4 (d) AUTHORIZATION OF CONJUNCTIVE USE

5 WELLS.—Section 10606 of the Northwestern New Mexico 

6 Rural Water Projects Act (Public Law 111–11; 123 Stat. 

7 1392) is amended by adding at the end the following: 

8 ‘‘(i) WELLS SERVING THE CITY OF GALLUP RE9 GIONAL WATER SYSTEM.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall enter 

11 into a financial assistance agreement with the City 

12 to provide funding, using amounts made available 

13 under section 10609(b)(3), for the construction or 

14 rehabilitation of wells and related pipeline facilities 

15 to provide capacity for the diversion and distribution 

16 by the City of not more than 1,500 acre feet of 

17 groundwater per year. 

18 ‘‘(2) WATER RIGHTS.—The water rights associ19 ated with any wells constructed or rehabilitated 

20 under paragraph (1)— 

21 ‘‘(A) shall not be considered to be part of 

22 the Agreement; and 

23 ‘‘(B) shall be considered to be already ex24 isting water rights permitted by the New MexVerDate Sep 11 2014 21:57 Nov 30, 2022 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S5068.RCS S5068

kjohnson on DSK79L0C42PROD with BILLS
22 

S 5068 RCS

1 ico State Engineer to the City for municipal 

2 and domestic uses. 

3 ‘‘(3) TITLE TO WELLS.—Title to the wells and 

4 related pipeline facilities constructed or rehabilitated 

5 in accordance with paragraph (1) shall remain with 

6 the City at all times. 

7 ‘‘(4) ASSOCIATED COSTS.—All operation, main8 tenance, and replacement costs associated with wells 

9 and related pipeline facilities constructed or rehabili10 tated in accordance with paragraph (1) shall be the 

11 responsibility of the City.’’. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

13 10609 of the Northwestern New Mexico Rural Water 

14 Projects Act (Public Law 111–11; 123 Stat. 1395) is 

15 amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (1), by striking 

18 ‘‘$870,000,000 for the period of fiscal years 

19 2009 through 2024’’ and inserting 

20 ‘‘$1,923,200,000 for the period of fiscal years 

21 2009 through 2029’’; 

22 (B) by striking paragraph (2) and insert23 ing the following: 

24 ‘‘(2) ADJUSTMENTS.— 


kjohnson on DSK79L0C42PROD with BILLS
23 

S 5068 RCS

1 ‘‘(A) IN GENERAL.—The amount under 

2 paragraph (1) shall be adjusted by such 

3 amounts as may be required— 

4 ‘‘(i) by reason of changes since Octo5 ber 2020 in construction cost changes in 

6 applicable regulatory standards, as indi7 cated by engineering cost indices applicable 

8 to the types of construction involved; and 

9 ‘‘(ii) to address construction cost 

10 changes necessary to account for unfore11 seen market volatility that may not other12 wise be captured by engineering cost indi13 ces described in clause (i), as determined 

14 by the Secretary, including repricing appli15 cable to the types of construction and cur16 rent industry standards involved. 

17 ‘‘(B) DEFERRED CONSTRUCTION FUND.— 

18 Amounts deposited in the Deferred Construc19 tion Fund shall not be adjusted pursuant to 

20 this paragraph.’’; and 

21 (C) in paragraph (4)(B), by striking ‘‘10 

22 years’’ and inserting ‘‘15 years’’; 

23 (2) in subsection (b)— 

24 (A) in paragraph (1), by striking 

25 ‘‘$30,000,000, as adjusted under paragraph 


kjohnson on DSK79L0C42PROD with BILLS
24 

S 5068 RCS

1 (3), for the period of fiscal years 2009 through 

2 2019’’ and inserting ‘‘$37,500,000, as adjusted 

3 under paragraph (4), for the period of fiscal 

4 years 2009 through 2032’’; 

5 (B) in paragraph (2), by striking ‘‘2024’’ 

6 and inserting ‘‘2032’’; 

7 (C) by redesignating paragraphs (3) 

8 through (6) as paragraphs (4) through (7), re9 spectively; 

10 (D) by inserting after paragraph (2) the 

11 following: 

12 ‘‘(3) CITY OF GALLUP WELLS.—There is au13 thorized to be appropriated for the construction or 

14 rehabilitation and operation and maintenance of con15 junctive use wells for the City $18,000,000, as ad16 justed under paragraph (4), for the period of fiscal 

17 years 2021 through 2029.’’; 

18 (E) in paragraph (4) (as so redesig19 nated)— 

20 (i) by striking ‘‘The amount under 

21 paragraph (1)’’ and inserting the following: 

22 ‘‘(A) SAN JUAN WELLS AND WELLS IN THE

23 LITTLE COLORADO AND RIO GRANDE BASINS.— 

24 The amount under paragraphs (1) and (2)’’; 

25 and 


kjohnson on DSK79L0C42PROD with BILLS
25 

S 5068 RCS

1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(B) CITY OF GALLUP WELLS.—The 

4 amount under paragraph (3) shall be adjusted 

5 by such amounts as may be required by reason 

6 of changes since 2021 in construction costs, as 

7 indicated by engineering cost indices applicable 

8 to the types of construction or rehabilitation in9 volved.’’; 

10 (F) in paragraph (5) (as so redesignated), 

11 by striking ‘‘paragraphs (1) and (2)’’ and in12 serting ‘‘paragraphs (1), (2), and (3)’’; and 

13 (G) in paragraph (6) (as so redesignated), 

14 by striking ‘‘paragraphs (1) and (2)’’ and in15 serting ‘‘paragraphs (1), (2), and (3)’’. 

16 (f) TAXATION OF CONSTRUCTION, OPERATION, AND

17 MAINTENANCE OF PROJECT FACILITIES.—Part III of the 

18 Northwestern New Mexico Rural Water Projects Act 

19 (Public Law 111–11; 123 Stat. 1379) is amended by add20 ing at the end the following: 

21 ‘‘SEC. 10610. TAXATION OF CONSTRUCTION, OPERATION, 

22 AND MAINTENANCE OF PROJECT FACILITIES. 

23 ‘‘(a) NATION LAND.—Any activity constituting the 

24 construction, operation, or maintenance of Project facili25 ties— 


kjohnson on DSK79L0C42PROD with BILLS
26 

S 5068 RCS

1 ‘‘(1) shall, if the activity takes place on land 

2 that is held in trust by the United States for the 

3 benefit of the Nation, be subject to taxation by the 

4 Nation; and 

5 ‘‘(2) shall not be subject to any fee, tax, assess6 ment, levy, or other charge imposed by any State or 

7 political subdivision of a State. 

8 ‘‘(b) OTHER LAND.—Any activity constituting the 

9 construction, operation, or maintenance of Project facili10 ties— 

11 ‘‘(1) shall, if the activity takes place on land 

12 other than the land described in subsection (a)(1), 

13 be subject to taxation by the State in which the land 

14 is located, or by a political subdivision of that State 

15 to the extent authorized by the laws of that State; 

16 and 

17 ‘‘(2) shall not be subject to any fee, tax, assess18 ment, levy, or other charge imposed by the Nation.’’. 

19 SEC. 4. NAVAJO NATION WATER RIGHTS. 

20 (a) AGREEMENT.—Section 10701(e)(1)(A) of the 

21 Northwestern New Mexico Rural Water Projects Act 

22 (Public Law 111–11; 123 Stat. 1400) is amended— 

23 (1) in clause (ix), by striking ‘‘2024’’ and in24 serting ‘‘2029’’; and 

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


kjohnson on DSK79L0C42PROD with BILLS
27 

S 5068 RCS

1 ‘‘(x) DEFERRED CONSTRUCTION

2 FUND.— 

3 ‘‘(I) IN GENERAL.—Not later 

4 than December 31, 2029, the United 

5 States shall make all deposits into the 

6 Deferred Construction Fund in ac7 cordance with section 10602(i)(3). 

8 ‘‘(II) PROJECT DEADLINE.—On 

9 deposit of the amounts into the De10 ferred Construction Fund under sub11 clause (I), even if certain Project fa12 cilities have not yet been constructed, 

13 the Secretary shall be deemed to have 

14 met the deadline described in clause 

15 (ix).’’. 

16 (b) WAIVERS AND RELEASES.—Section 10703 of the 

17 Northwestern New Mexico Rural Water Projects Act 

18 (Public Law 111–11; 123 Stat. 1403) is amended— 

19 (1) in subsection (d)(1)(A), by striking ‘‘2025’’ 

20 and inserting ‘‘2030’’; and 

21 (2) in subsection (e)(2), in the matter preceding 

22 subparagraph (A), by striking ‘‘2025’’ and inserting 

23 ‘‘2030’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS