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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2508 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2508

To amend the Colorado Ute Indian Water Rights Settlement Act of 1988 to 
provide for a final settlement of the claims of the Colorado Ute Indian 
                    Tribes, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2000

  Mr. Campbell (for himself and Mr. Allard) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL

 
To amend the Colorado Ute Indian Water Rights Settlement Act of 1988 to 
provide for a final settlement of the claims of the Colorado Ute Indian 
                    Tribes, and for other purposes.

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

SECTION 1. SHORT TITLE; FINDINGS; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Colorado Ute 
Settlement Act Amendments of 2000''.
    (b) Findings.--Congress makes the following findings:
            (1) In order to provide for a full and final settlement of 
        the claims of the Colorado Ute Indian Tribes on the Animas and 
        La Plata Rivers, the Tribes, the State of Colorado, and certain 
        of the non-Indian parties to the Agreement have proposed 
        certain modifications to the Colorado Ute Indian Water Rights 
        Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2973).
            (2) The claims of the Colorado Ute Indian Tribes on all 
        rivers in Colorado other than the Animas and La Plata Rivers 
        have been settled in accordance with the provisions of the 
        Colorado Ute Indian Water Rights Settlement Act of 1988 (Public 
        Law 100-585; 102 Stat. 2973).
            (3) The Indian and non-Indian communities of southwest 
        Colorado and northwest New Mexico will be benefited by a 
        settlement of the tribal claims on the Animas and La Plata 
        Rivers that provides the Tribes with a firm water supply 
        without taking water away from existing uses.
            (4) The Agreement contemplated a specific timetable for the 
        delivery of irrigation and municipal and industrial water and 
        other benefits to the Tribes from the Animas-La Plata Project, 
        which timetable has not been met. The provision of irrigation 
        water can not presently be satisfied under the current 
        implementation of the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.) and the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.).
            (5) In order to meet the requirements of the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.), and in particular 
        the various biological opinions issued by the Fish and Wildlife 
        Service, the amendments made by this Act are needed to provide 
        for a significant reduction in the facilities and water supply 
        contemplated under the Agreement.
            (6) The substitute benefits provided to the Tribes under 
        the amendments made by this Act, including the waiver of 
        capital costs and the provisions of funds for natural resource 
        enhancement, result in a settlement that provides the Tribes 
        with benefits that are equivalent to those that the Tribes 
        would have received under the Colorado Ute Indian Water Rights 
        Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2973).
            (7) The requirement that the Secretary of the Interior 
        comply with the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) and other national environmental laws 
        before implementing the proposed settlement will ensure that 
        the satisfaction of the tribal water rights is accomplished in 
        an environmentally responsible fashion.
            (8) Federal courts have considered the nature and the 
        extent of Congressional participation when reviewing Federal 
        compliance with the requirements of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (9) In considering the full range of alternatives for 
        satisfying the water rights claims of the Southern Ute Indian 
        Tribe and Ute Mountain Ute Indian Tribe, Congress has held 
        numerous legislative hearings and deliberations, and reviewed 
        the considerable record including the following documents:
                    (A) The Final EIS No. INT-FES-80-18, dated July 1, 
                1980.
                    (B) The Draft Supplement to the FES No. INT-DES-92-
                41, dated October 13, 1992.
                    (C) The Final Supplemental to the FES No. 96-23, 
                dated April 26, 1996;
                    (D) The Draft Supplemental EIS, dated January 14, 
                2000.
    (c) Definitions.--In this Act:
            (1) Agreement.--The term ``Agreement'' has the meaning 
        given that term in section 3(1) of the Colorado Ute Indian 
        Water Rights Settlement Act of 1988 (Public Law 100-585; 102 
        Stat. 2973).
            (2) Animas-la plata project.--The term ``Animas-La Plata 
        Project'' has the meaning given that term in section 3(2) of 
        the Colorado Ute Indian Water Rights Settlement Act of 1988 
        (Public Law 100-585; 102 Stat. 2973).
            (3) Dolores project.--The term ``Dolores Project'' has the 
        meaning given that term in section 3(3) of the Colorado Ute 
        Indian Water Rights Settlement Act of 1988 (Public Law 100-585; 
        102 Stat. 2974).
            (4) Tribe; tribes.--The term ``tribe'' or ``tribes'' has 
        the meaning given that term in section 3(6) of the Colorado Ute 
        Indian Water Rights Settlement Act of 1988 (Public Law 100-585; 
        102 Stat. 2974).

SEC. 2. AMENDMENTS TO SECTION 6 OF THE COLORADO UTE INDIAN WATER RIGHTS 
              SETTLEMENT ACT OF 1988.

    Subsection (a) of section 6 of the Colorado Ute Indian Water Rights 
Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2975) is amended 
to read as follows:
    ``(a) Reservoir; Municipal and Industrial Water.--
            ``(1) Facilities.--
                    ``(A) In general.--After the date of enactment of 
                this subsection, but prior to January 1, 2005, the 
                Secretary, in order to settle the outstanding claims of 
                the Tribes on the Animas and La Plata Rivers, acting 
                through the Bureau of Reclamation, is specifically 
                authorized to--
                            ``(i) complete construction of, and operate 
                        and maintain, a reservoir, a pumping plant, a 
                        reservoir inlet conduit, and appurtenant 
                        facilities with sufficient capacity to divert 
                        and store water from the Animas River to 
                        provide for an average annual depletion of 
                        57,100 acre-feet of water to be used for a 
                        municipal and industrial water supply, which 
                        facilities shall--
                                    ``(I) be designed and operated in 
                                accordance with the hydrologic regime 
                                necessary for the recovery of the 
                                endangered fish of the San Juan River 
                                as determined by the San Juan River 
                                Recovery Implementation Program;
                                    ``(II) include an inactive pool of 
                                an appropriate size to be determined by 
                                the Secretary following the completion 
                                of required environmental compliance 
                                activities; and
                                    ``(III) include those recreation 
                                facilities determined to be appropriate 
                                by agreement between the State of 
                                Colorado and the Secretary that shall 
                                address the payment of any of the costs 
                                of such facilities by the State of 
                                Colorado in addition to the costs 
                                described in paragraph (3); and
                            ``(ii) deliver, through the use of the 
                        project components referred to in clause (i), 
                        municipal and industrial water allocations--
                                    ``(I) with an average annual 
                                depletion not to exceed 16,525 acre-
                                feet of water, to the Southern Ute 
                                Indian Tribe for its present and future 
                                needs;
                                    ``(II) with an average annual 
                                depletion not to exceed 16,525 acre-
                                feet of water, to the Ute Mountain Ute 
                                Indian Tribe for its present and future 
                                needs;
                                    ``(III) with an average annual 
                                depletion not to exceed 2,340 acre-feet 
                                of water, to the Navajo Nation for its 
                                present and future needs;
                                    ``(IV) with an average annual 
                                depletion not to exceed 10,400 acre-
                                feet of water, to the San Juan Water 
                                Commission for its present and future 
                                needs;
                                    ``(V) with an average annual 
                                depletion of an amount not to exceed 
                                2,600 acre-feet of water, to the 
                                Animas-La Plata Conservancy District 
                                for its present and future needs;
                                    ``(VI) with an average annual 
                                depletion of an amount not to exceed 
                                5,230 acre-feet of water, to the State 
                                of Colorado for its present and future 
                                needs; and
                                    ``(VII) with an average annual 
                                depletion of an amount not to exceed 
                                780 acre-feet of water, to the La Plata 
                                Conservancy District of New Mexico for 
                                its present and future needs.
                    ``(B) Applicability of other federal law.--The 
                responsibilities of the Secretary described in 
                subparagraph (A) are subject to the requirements of 
                Federal laws related to the protection of the 
                environment and otherwise applicable to the 
                construction of the proposed facilities, including the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.), the Clean Water Act (42 U.S.C. 7401 et 
                seq.), and the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.). Nothing in this Act shall be 
                construed to predetermine or otherwise affect the 
                outcome of any analysis conducted by the Secretary or 
                any other Federal official under applicable laws.
                    ``(C) Limitation.--
                            ``(i) In general.--If constructed, the 
                        facilities described in subparagraph (A) shall 
                        not be used in conjunction with any other 
                        facility authorized as part of the Animas-La 
                        Plata Project without express authorization 
                        from Congress.
                            ``(ii) Contingency in application.--If the 
                        facilities described in subparagraph (A) are 
                        not constructed and operated, clause (i) shall 
                        not take effect.
            ``(2) Tribal construction costs.--Construction costs 
        allocable to the facilities that are required to deliver the 
        municipal and industrial water allocations described in 
        subclauses (I), (II) and (III) of paragraph (1)(A)(ii) shall be 
        nonreimbursable to the United States.
            ``(3) Nontribal water capital obligations.--Under the 
        provisions of section 9 of the Act of August 4, 1939 (43 U.S.C. 
        485h), the nontribal municipal and industrial water capital 
        repayment obligations for the facilities described in paragraph 
        (1)(A)(i) may be satisfied upon the payment in full of the 
        nontribal water capital obligations prior to the initiation of 
        construction. The amount of the obligations described in the 
        preceding sentence shall be determined by agreement between the 
        Secretary of the Interior and the entity responsible for such 
        repayment as to the appropriate reimbursable share of the 
        construction costs allocated to that entity's municipal water 
        supply. Such agreement shall take into account the fact that 
        the construction of facilities to provide irrigation water 
        supplies from the Animas-La Plata Project is not authorized 
        under paragraph (1)(A)(i) and no costs associated with the 
        design or development of such facilities, including costs 
        associated with environmental compliance, shall be allocable to 
        the municipal and industrial users of the facilities authorized 
        under such paragraph.
            ``(4) Tribal water allocations.--
                    ``(A) In general.--With respect to municipal and 
                industrial water allocated to a Tribe from the Animas-
                La Plata Project or the Dolores Project, until that 
                water is first used by a Tribe or used pursuant to a 
                water use contract with the Tribe, the Secretary shall 
                pay the annual operation, maintenance, and replacement 
                costs allocable to that municipal and industrial water 
                allocation of the Tribe.
                    ``(B) Treatment of costs.--A Tribe shall not be 
                required to reimburse the Secretary for the payment of 
                any cost referred to in subparagraph (A).
            ``(5) Repayment of pro rata share.--Upon a Tribe's first 
        use of an increment of a municipal and industrial water 
        allocation described in paragraph (4), or the Tribe's first use 
        of such water pursuant to the terms of a water use contract--
                    ``(A) repayment of that increment's pro rata share 
                of those allocable construction costs for the Dolores 
                Project shall be made by the Tribe; and
                    ``(B) the Tribe shall bear a pro rata share of the 
                allocable annual operation, maintenance, and 
                replacement costs of the increment as referred to in 
                paragraph (4).''.

SEC. 3. COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

    Section 6 of the Colorado Ute Indian Water Rights Settlement Act of 
1988 (Public Law 100-585; 102 Stat. 2975) is amended by adding at the 
end the following:
    ``(i) Compliance With the National Environmental Policy Act of 
1969.--
            ``(1) Authority.--Nothing in this Act shall be construed to 
        alter, amend, or modify the authority or discretion of the 
        Secretary or any other Federal official under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
        any other Federal law.
            ``(2) Determination of congress.--Subject to paragraph (3), 
        in any defense to a challenge of the Final Environmental Impact 
        Statement prepared pursuant to the Notice of Intent to Prepare 
        a Draft Environmental Impact Statement, as published in the 
        Federal Register on January 4, 1999 (64 Fed Reg 176-179), or 
        the compliance with the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) or the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.), and in addition to the 
        Record of Decision and any other documents or materials 
        submitted in defense of its decision, the United States may 
assert in its defense that Congress, based upon the deliberations and 
review described in paragraph (9) of section 1(b) of the Colorado Ute 
Settlement Act Amendments of 2000, has determined that the alternative 
described in such Final Statement meets the Federal government's water 
supply obligations to the Ute tribes under this Act in a manner that 
provides the most benefits to, and has the least impact on, the quality 
of the human environment.
            ``(3) Application of provision.--This subsection shall only 
        apply if Alternative #4, as presented in the Draft Supplemental 
        Environmental Impact Statement dated January 14, 2000, or an 
        alternative substantially similar to Alternative #4, is 
        selected by the Secretary.
            ``(4) No effect of modification of facilities.--The 
        application of this section shall not be affected by a 
        modification of the facilities described in subsection 
        (a)(1)(A)(i) to address the provisions in the San Juan River 
        Recovery Implementation Program.''.

SEC. 4. COMPLIANCE WITH THE ENDANGERED SPECIES ACT OF 1973.

    Section 6 of the Colorado Ute Indian Water Rights Settlement Act of 
1988 (Public Law 100-585; 102 Stat. 2975), as amended by section 3, is 
amended by adding at the end the following:
    ``(j) Compliance With the Endangered Species Act of 1973.--
            ``(1) Authority.--Nothing in this section shall be 
        construed to alter, amend, or modify the authority or 
        discretion of the Secretary or any other Federal official under 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or 
        any other Federal law.
            ``(2) Determination of congress.--Subject to paragraph (3), 
        in any defense to a challenge of the Biological Opinion 
        resulting from the Bureau of Reclamation Biological Assessment, 
        January 14, 2000, or the compliance with the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.), and in addition to the 
        Record of Decision and any other documents or materials 
        submitted in defense of its decision, the United States may 
        assert in its defense that Congress, based on the deliberations 
        and review described in paragraph (9) of section 1(b) of the 
        Colorado Ute Settlement Act Amendments of 2000, has determined 
        that constructing and operating the facilities described in 
        subsection (a)(1)(A)(i) meets the Federal government's water 
        supply obligation to the Ute tribes under that Act without 
        violating the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).
            ``(3) Application of provision.--This subsection shall only 
        apply if the Biological Opinion referred to in paragraph (2) or 
        any reasonable and prudent alternative suggested by the 
        Secretary pursuant to section 7 of the Endangered Species Act 
        of 1973 (16 U.S.C. 1536) authorizes an average annual depletion 
        of at least 57,100 acre-feet of water.
            ``(4) No effect of modification of facilities.--The 
        application of this subsection shall not be affected by a 
        modification of the facilities described in subsection 
        (a)(1)(A)(i) to address the provisions in the San Juan River 
        Recovery Implementation Program.''.

SEC. 5. MISCELLANEOUS.

    The Colorado Ute Indian Water Rights Settlement Act of 1988 (Public 
Law 100-585; 102 Stat. 2973) is amended by adding at the end the 
following:

``SEC. 15. NEW MEXICO AND NAVAJO NATION WATER
              MATTERS.

    ``(a) Assignment of Water Permit.--Upon the request of the State 
Engineer of the State of New Mexico, the Secretary shall, in a manner 
consistent with applicable State law, assign, without consideration, to 
the New Mexico Animas-La Plata Project beneficiaries or the New Mexico 
Interstate Stream Commission any portion of the Department of the 
Interior's interest in New Mexico Engineer Permit Number 2883, dated 
May 1, 1956, in order to fulfill the New Mexico purposes of the Animas-
La Plata Project, so long as the permit assignment does not affect the 
application of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) to the use of the water involved.
    ``(b) Navajo Nation Municipal Pipeline.--The Secretary may 
construct a water line to augment the existing system that conveys the 
municipal water supplies, in an amount not less than 4,680 acre-feet 
per year, of the Navajo Nation to the Navajo Indian Reservation at 
Shiprock, New Mexico. The Secretary shall comply with all applicable 
environmental laws with respect to such water line. Construction costs 
allocated to the Navajo Nation for such water line shall be 
nonreimbursable to the United States.
    ``(c) Protection of Navajo Water Claims.--Nothing in this Act shall 
be construed to quantify or otherwise adversely affect the water rights 
and the claims of entitlement to water of the Navajo Nation.

``SEC. 16. TRIBAL RESOURCE FUNDS.

    ``(a) Establishment.--
            ``(1) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section, $20,000,000 for 
        fiscal year 2001 and $20,000,000 for fiscal year 2002. Not 
        later than 60 days after amounts are appropriated and available 
        to the Secretary for a fiscal year under this paragraph, the 
        Secretary shall make a payment to each of the Tribal Resource 
        Funds established under paragraph (2). Each such payment shall 
        be equal to 50 percent of the amount appropriated for the 
        fiscal year involved.
            ``(2) Funds.--The Secretary shall establish a--
                    ``(A) Southern Ute Tribal Resource Fund; and
                    ``(B) Ute Mountain Ute Tribal Resource Fund.
        A separate account shall be maintained for each such Fund.
    ``(b) Adjustment.--To the extent that the amount appropriated under 
subsection (a)(1) in any fiscal year is less than the amount authorized 
for such fiscal year under such subsection, the Secretary shall, 
subject to the availability of appropriations, pay to each of the 
Tribal Reserve Funds an adjustment amount equal to the interest income, 
as determined by the Secretary in his or her sole discretion, that 
would have been earned on the amount authorized but not appropriated 
under such subsection had that amount been placed in the Fund as 
required under such subsection.
    ``(c) Tribal Development.--
            ``(1) Investment.--The Secretary shall, in the absence of 
        an approved tribal investment plan provided for under paragraph 
        (2), invest the amount in each Tribal Resource Fund in 
        accordance with the Act entitled, `An Act to authorize the 
        deposit and investment of Indian funds' approved June 24, 1938 
        (25 U.S.C. 162a). The Secretary shall disburse, at the request 
        of a Tribe, the principal and income in its Resource Fund, or 
        any part thereof, in accordance with a resource acquisition and 
        enhancement plan approved under paragraph (3).
            ``(2) Investment plan.--
                    ``(A) In general.--In lieu of the investment 
                provided for in paragraph (1), a Tribe may submit a 
                tribal investment plan applicable to all or part of the 
                Tribe's Tribal Resource Fund.
                    ``(B) Approval.--Not later than 60 days after the 
                date on which an investment plan is submitted under 
                subparagraph (A), the Secretary shall approve such 
                investment plan if the Secretary finds that the plan is 
                reasonable and sound. If the Secretary does not approve 
                such investment plan, the Secretary shall set forth in 
                writing and with particularity the reasons for such 
                disapproval. If such investment plan is approved by the 
                Secretary, the Tribal Resource Fund involved shall be 
                disbursed to the Tribe to be invested by the Tribe in 
                accordance with the approved investment plan.
                    ``(C) Compliance.--The Secretary may take such 
                steps as the Secretary determines to be necessary to 
                monitor the compliance of a Tribe with an investment 
                plan approved under subparagraph (B). The United States 
                shall not be responsible for the review, approval, or 
                audit of any individual investment under the plan. The 
United States shall not be directly or indirectly liable with respect 
to any such investment, including any act or omission of the Tribe in 
managing or investing such funds.
                    ``(D) Economic development plan.--The principal and 
                income derived from tribal investments under an 
                investment plan approved under subparagraph (B) shall 
                be subject to the provisions of this section and shall 
                be expended only in accordance with an economic 
                development plan approved under paragraph (3).
            ``(3) Economic development plan.--
                    ``(A) In general.--Each Tribe shall submit to the 
                Secretary a resource acquisition and enhancement plan 
                for all or any portion of its Tribal Resource Fund.
                    ``(B) Approval.--Not later than 60 days after the 
                date on which a plan is submitted under subparagraph 
                (A), the Secretary shall approve such investment plan 
                if the Secretary finds that the plan is reasonably 
                related to the protection, acquisition, enhancement, or 
                development of natural resources for the benefit of the 
                Tribe and its members. If the Secretary does not 
                approve such plan, the Secretary shall, at the time of 
                such determination, set forth in writing and with 
                particularity the reasons for such disapproval.
                    ``(C) Modification.--Subject to the approval of the 
                Secretary, each Tribe may modify a plan approved under 
                subparagraph (B).
                    ``(D) Liability.--The United States shall not be 
                directly or indirectly liable for any claim or cause of 
                action arising from the approval of a plan under this 
                paragraph, or from the use and expenditure by the Tribe 
                of the principal or interest of the Funds.
    ``(d) Limitation on Per Capita Distributions.--No part of the 
principal contained in the Tribal Resource Fund, or of the income 
accruing to such funds, or the revenue from any water use contract, 
shall be distributed to any member of either Tribe on a per capita 
basis.
    ``(e) Limitation on Setting Aside Final Consent Decree.--Neither 
the Tribes nor the United States shall have the right to set aside the 
final consent decree solely because the requirements of subsection (c) 
are not complied with or implemented.

``SEC. 17. COLORADO UTE SETTLEMENT FUND.

    ``(a) Establishment of Fund.--There is hereby established within 
the Treasury of the United States a fund to be known as the `Colorado 
Ute Settlement Fund.'
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Colorado Ute Settlement Fund such funds as are 
necessary to complete the construction of the facilities described in 
section 6(a)(1)(A) within 6 years of the date of enactment of this 
section. Such funds are authorized to be appropriated for each of the 
first 5 fiscal years beginning with the first full fiscal year 
following the date of enactment of this section.
    ``(c) Interest.--Amounts appropriated under subsection (b) shall 
accrue interest, to be paid on the dates that are 1, 2, 3, 4, and 5 
years after the date of enactment of this section, at a rate to be 
determined by the Secretary of the Treasury taking into consideration 
the average market yield on outstanding Federal obligations of 
comparable maturity, except that no such interest shall be paid during 
any period where a binding final court order prevents construction of 
the facilities described in section 6(a)(1)(A).

``SEC. 18. FINAL SETTLEMENT.

    ``(a) In General.--The construction of the facilities described in 
section 6(a)(1)(A), the allocation of the water supply from those 
facilities to the Tribes as described in that section, and the 
provision of funds to the Tribes in accordance with sections 16 and 17 
shall constitute final settlement of the tribal claims to water rights 
on the Animas and La Plata Rivers in the State of Colorado.
    ``(b) Statutory Construction.--Nothing in this section shall be 
construed to affect the right of the Tribes to water rights on the 
streams and rivers described in the Agreement, other than the Animas 
and La Plata Rivers, to receive the amounts of water dedicated to 
tribal use under the Agreement, or to acquire water rights under the 
laws of the State of Colorado.
    ``(c) Action by the Attorney General.--The Attorney General shall 
file with the District Court, Water Division Number 7, of the State of 
Colorado, such instruments as may be necessary to request the court to 
amend the final consent decree to provide for the amendments made to 
this Act under the Colorado Ute Indian Water Rights Settlement Act 
Amendments of 2000.

``SEC. 19. STATUTORY CONSTRUCTION; TREATMENT OF CERTAIN FUNDS.

    ``(a) In General.--Nothing in the amendments made by the Colorado 
Ute Settlement Act Amendments of 2000 shall be construed to affect the 
applicability of any provision of this Act.
    ``(b) Treatment of Uncommitted Portion of Cost-Sharing 
Obligation.--The uncommitted portion of the cost-sharing obligation of 
the State of Colorado referred to in section 6(a)(3) shall be made 
available, upon the request of the State of Colorado, to the State of 
Colorado after the date on which payment is made of the amount 
specified in that section.''.
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