```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4108 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 4108

To amend the Colorado River Storage Project Act and Public Law 87-483, 
       to authorize the construction and rehabilitation of water 
infrastructure in Northwestern New Mexico, to authorize the use of the 
  reclamation fund to fund the Reclamation Water Settlements Fund, to 
       authorize the conveyance of certain Reclamation land and 
infrastructure, to authorize the Commissioner of Reclamation to provide 
           for the delivery of water, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2006

 Mr. Bingaman introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
To amend the Colorado River Storage Project Act and Public Law 87-483, 
       to authorize the construction and rehabilitation of water 
infrastructure in Northwestern New Mexico, to authorize the use of the 
  reclamation fund to fund the Reclamation Water Settlements Fund, to 
       authorize the conveyance of certain Reclamation land and 
infrastructure, to authorize the Commissioner of Reclamation to provide 
           for the delivery of water, 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.

    (a) Short Title.--This Act may be cited as the ``Northwestern New 
Mexico Rural Water Projects Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Compliance with environmental laws.
   TITLE I--AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT AND 
                           PUBLIC LAW 87-483

Sec. 101. Amendments to the Colorado River Storage Project Act.
Sec. 102. Amendments to Public Law 87-483.
Sec. 103. Effect on Federal water law.
              TITLE II--RECLAMATION WATER SETTLEMENTS FUND

Sec. 201. Reclamation Water Settlements Fund.
     TITLE III--NORTHWESTERN NEW MEXICO RURAL WATER SUPPLY PROJECT

Sec. 301. Purposes.
Sec. 302. Authorization of Northwestern New Mexico Rural Water Supply 
                            Project.
Sec. 303. Delivery and use of Northwestern New Mexico Rural Water 
                            Supply Project water.
Sec. 304. Project contracts.
Sec. 305. Use of Navajo Nation Municipal Pipeline.
Sec. 306. Authorization of conjunctive use wells.
Sec. 307. San Juan River Irrigation Projects.
Sec. 308. Authorization of appropriations.
                  TITLE IV--NAVAJO NATION WATER RIGHTS

Sec. 401. Agreement.
Sec. 402. Navajo Nation Water Resources Development Trust Fund.
Sec. 403. Waivers and releases.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Acre-feet.--The term ``acre-feet'' means acre-feet per 
        year.
            (2) Agreement.--The term ``Agreement'' means the agreement 
        among the State of New Mexico, the Nation, and the United 
        States setting forth a stipulated and binding agreement signed 
        by the State of New Mexico and the Nation on April 19, 2005.
            (3) Animas-la plata project.--The term ``Animas-La Plata 
        Project'' has the meaning given the term in section 3 of Public 
        Law 100-585 (102 Stat. 2973), including Ridges Basin Dam, Lake 
        Nighthorse, the Pipeline, and any other features or 
        modifications made pursuant to the Colorado Ute Settlement Act 
        Amendments of 2000 (Public Law 106-554; 114 Stat. 2763A-258).
            (4) City.--The term ``City'' means the city of Gallup, New 
        Mexico.
            (5) Compact.--The term ``Compact'' means the Upper Colorado 
        River Basin Compact as consented to by the Act of April 6, 1949 
        (63 Stat. 31, chapter 48).
            (6) Contract.--The term ``Contract'' means the contract 
        between the United States and the Nation setting forth certain 
        commitments, rights, and obligations of the United States and 
        the Nation, as described in paragraph 6.0 of the Agreement.
            (7) Depletion.--The term ``depletion'' means the depletion 
        of the flow of the San Juan River stream system in New Mexico 
        by a particular use of water (including any depletion incident 
        to the use) and represents the diversion from the stream system 
        by the use, less return flows to the stream system from the 
        use.
            (8) Draft impact statement.--The term ``Draft Impact 
        Statement'' means the draft environmental impact statement 
        prepared by the Bureau of Reclamation for the Project.
            (9) Fund.--The term ``Fund'' means the Reclamation Waters 
        Settlements Fund established by section 201(a).
            (10) Hydrologic determination.--The term ``hydrologic 
        determination'' means the draft hydrologic determination 
        entitled ``Water Availability from Navajo Reservoir and the 
        Upper Colorado River Basin for Use in New Mexico,'' prepared by 
        the Bureau of Reclamation pursuant to section 11 of the Act of 
        June 13, 1962 (Public Law 87-483; 76 Stat. 99), and dated May 
        2006.
            (11) Nation.--The term ``Nation'' means the Navajo Nation, 
        a body politic and federally-recognized Indian nation as 
        provided for in section 101(2) of the Federally Recognized 
        Indian Tribe List of 1994 (25 U.S.C. 497a(2)), also known 
        variously as the ``Navajo Tribe,'' the ``Navajo Tribe of 
        Arizona, New Mexico & Utah,'' and the ``Navajo Tribe of 
        Indians'' and other similar names, and includes all bands of 
        Navajo Indians and chapters of the Navajo Nation.
            (12) Navajo indian irrigation project.--The term ``Navajo 
        Indian Irrigation Project'' means the Navajo Indian irrigation 
        project authorized by section 2 of Public Law 87-483 (76 Stat. 
        96).
            (13) Navajo reservoir.--The term ``Navajo Reservoir'' means 
        the reservoir created by the impoundment of the San Juan River 
        at Navajo Dam, as authorized by the April 11, 1956 (commonly 
        known as the ``Colorado River Storage Project Act'') (43 U.S.C. 
        620 et seq.).
            (14) Navajo nation municipal pipeline.--The term ``Navajo 
        Nation Municipal Pipeline'' means the pipeline used to convey 
        the water of the Animas-La Plata Project of the Navajo Nation 
        from the City of Farmington, New Mexico, to communities of the 
        Navajo Nation located in close proximity to the San Juan River 
        Valley in New Mexico (including the City of Shiprock), as 
        authorized by section 15(b) of the Colorado Ute Indian Water 
        Rights Settlement Act of 1988 (Public Law 100-585; 102 Stat. 
        2973; 114 Stat. 2763A-263).
            (15) Project.--The term ``Project'' means the Northwestern 
        New Mexico Rural Water Supply Project (commonly known as the 
        ``Navajo-Gallup Pipeline Project'') authorized under section 
        302(a), as substantially described as the preferred alternative 
        in the Draft Impact Statement.
            (16) Project participants.--The term ``Project 
        Participants'' means the City, the Nation, and the Jicarilla 
        Apache Nation.
            (17) Resolution.--The term ``Resolution'' means the 
        Resolution of the Upper Colorado River Commission entitled 
        ``Use and Accounting of Upper Basin Water Supplied to the Lower 
        Basin in New Mexico by the Proposed Project'' and dated June 
        17, 2003.
            (18) San juan river recovery implementation program.--The 
        term ``San Juan River Recovery Implementation Program'' means 
        the intergovernmental program established pursuant to the 
        cooperative agreement dated October 21, 1992 (including any 
        amendments to the program).
            (19) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Commissioner of Reclamation 
        or any other designee.
            (20) Stream adjudication.--The term ``stream adjudication'' 
        means the general stream adjudication that is the subject of 
        New Mexico v. United States, et al., No. 75-185 (11th Jud. 
        Dist., San Juan County, New Mexico) (involving claims to waters 
        of the San Juan River and the tributaries of that river).
            (21) Trust fund.--The term ``Trust Fund'' means the Navajo 
        Nation Water Resources Development Trust Fund established by 
        section 402(a).

SEC. 3. COMPLIANCE WITH ENVIRONMENTAL LAWS.

    (a) Effect of Execution of Agreement.--The execution of the 
Agreement under section 401(a)(2) shall not constitute a major Federal 
action under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.).
    (b) Compliance With Environmental Laws.--In carrying out this Act, 
the Secretary shall comply with each law of the Federal Government 
relating to the protection of the environment, including--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.); and
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).

   TITLE I--AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT AND 
                           PUBLIC LAW 87-483

SEC. 101. AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT.

    (a) Participating Projects.--Paragraph (2) of the first section of 
the Act of April 11, 1956 (commonly known as the ``Colorado River 
Storage Project Act'') (43 U.S.C. 620(2)) is amended by inserting ``the 
Northwestern New Mexico Rural Water Supply Project,'' after ``Fruitland 
Mesa,''.
    (b) Powerplant Operations.--Section 7 of the Act of April 11, 1956 
(commonly known as the ``Colorado River Storage Project Act'') (43 
U.S.C. 620f) is amended by adding at the end the following: ``The 
Northwestern New Mexico Rural Water Supply Project facilities 
constructed under section 302(b) of the Northwestern New Mexico Rural 
Water Projects Act may use power produced under this Act and 
administered through the Western Area Power Administration. If the 
power necessary for operating the Northwestern New Mexico Rural Water 
Supply Project is anticipated to be in excess of 22 megawatts, the 
Secretary shall consult with the Navajo Nation and power users of the 
Colorado River Storage Project to determine methods by which to 
minimize the impact of that use on third parties.''.
    (c) Navajo Reservoir Water Bank.--The Act of April 11, 1956 
(commonly known as the ``Colorado River Storage Project Act'') is 
amended--
            (1) by redesignating section 16 (43 U.S.C. 620o) as section 
        17; and
            (2) by inserting after section 15 (43 U.S.C. 620n) the 
        following:
    ``Sec. 16. (a) The Secretary of the Interior may create and operate 
within the available capacity of Navajo Reservoir a top water bank.
    ``(b) Water made available for the top water bank in accordance 
with subsections (c) and (d) shall not be subject to section 11 of 
Public Law 87-483 (76 Stat. 99).
    ``(c) The top water bank authorized under subsection (a) shall be 
operated in a manner that--
            ``(1) is consistent with applicable law; and
            ``(2) does not impair the ability of the Secretary of the 
        Interior to deliver water under contracts entered into under--
                    ``(A) Public Law 87-483 (76 Stat. 96); and
                    ``(B) New Mexico State Engineer File Nos. 2847, 
                2848, 2849, and 2917.
    ``(d)(1) The Secretary of the Interior, in cooperation with the 
State of New Mexico (acting through the Interstate Stream Commission), 
shall develop any terms and procedures for the storage, accounting, and 
release of water in the top water bank that are necessary to comply 
with subsection (c).
    ``(2) The terms and procedures developed under paragraph (1) shall 
include provisions requiring that--
            ``(A) the storage of banked water shall be subject to 
        approval under State law by the New Mexico State Engineer to 
        ensure that impairment of any existing water right does not 
        occur, including storage of water under New Mexico State 
        Engineer File No. 2849;
            ``(B) water in the top water bank be subject to evaporation 
        and other losses during storage;
            ``(C) water in the top water bank be released for delivery 
        to the owner or assigns of the banked water on request of the 
        owner, subject to reasonable scheduling requirements for making 
        the release; and
            ``(D) water in the top water bank be the first water 
        spilled or released for flood control purposes in anticipation 
        of a spill, on the condition that top water bank water shall 
        not be released or included for purposes of calculating whether 
        a release should occur for purposes of satisfying releases 
        required under the San Juan River Recovery Implementation 
        Program.
    ``(e) The Secretary of the Interior may charge fees to water users 
that use the top water bank in amounts sufficient to cover the costs 
incurred by the United States in administering the water bank.''.

SEC. 102. AMENDMENTS TO PUBLIC LAW 87-483.

    (a) Navajo Indian Irrigation Project.--Public Law 87-483 (76 Stat. 
96) is amended by striking section 2 and inserting the following:
    ``Sec. 2. (a) In accordance with the Act of April 11, 1956 
(commonly known as the `Colorado River Storage Project Act') (43 U.S.C. 
620 et seq.), the Secretary of the Interior may construct, operate, and 
maintain the Navajo Indian Irrigation Project to provide irrigation 
water to a service area of not more than 110,630 acres of land.
    ``(b)(1) Subject to paragraph (2), the average diversion by the 
Navajo Indian Irrigation Project from the Navajo Reservoir over any 
consecutive 10-year period shall be the lesser of--
            ``(A) 508,000 acre-feet per year; or
            ``(B) the quantity of water necessary to supply an average 
        depletion of 270,000 acre-feet per year.
    ``(2) The quantity of water diverted for any 1 year shall not be 
more than 15 percent of the average diversion determined under 
paragraph (1).
    ``(c) In addition to being used for irrigation, the water diverted 
by the Navajo Indian Irrigation Project under subsection (b) may be 
used within the area served by Navajo Indian Irrigation Project 
facilities for the following purposes:
            ``(1) Aquaculture purposes, including the rearing of fish 
        in support of the San Juan River Basin Recovery Implementation 
        Program authorized by Public Law 106-392 (114 Stat. 1602).
            ``(2) Domestic, industrial, or commercial purposes relating 
        to agricultural production and processing.
            ``(3) The generation of hydroelectric power as an incident 
        to the diversion of water by the Navajo Indian Irrigation 
        Project for authorized purposes.
            ``(4) The implementation of the alternate water source 
        provisions described in subparagraph 9.2 of the agreement 
        executed under section 401(a)(2) of the Northwestern New Mexico 
        Rural Water Projects Act.
    ``(d) The Navajo Indian Irrigation Project water diverted under 
subsection (b) may be transferred to areas located within or outside 
the area served by Navajo Indian Irrigation Project facilities, and 
within or outside the boundaries of the Navajo Nation, for any 
beneficial use in accordance with--
            ``(1) the agreement executed under section 401(a)(2) of the 
        Northwestern New Mexico Rural Water Projects Act;
            ``(2) the contract executed under section 304(a)(2)(B) of 
        the Northwestern New Mexico Rural Water Projects Act; and
            ``(3) any other applicable law.
    ``(e)(1) The Secretary may use the capacity of the Navajo Indian 
Irrigation Project works to convey water supplies for--
            ``(A) the Northwestern New Mexico Rural Water Supply 
        Project under section 302 of the Northwestern New Mexico Rural 
        Water Projects Act; or
            ``(B) other nonirrigation purposes authorized under 
        subsection (c) or (d).
    ``(2) The Secretary shall not reallocate, or require repayment of, 
construction costs of the Navajo Indian Irrigation Project because of 
the conveyance of water supplies under paragraph (1).''.
    (b) Runoff Above Navajo Dam.--Section 11 of Public Law 87-483 (76 
Stat. 100) is amended by adding at the end the following:
    ``(d)(1) For purposes of implementing in a year of prospective 
shortage the water allocation procedures established by subsection (a), 
the Secretary of the Interior shall determine the quantity of any 
shortages and the appropriate apportionment of water using the normal 
diversion requirements on the flow of the San Juan River originating 
above Navajo Dam based on the following criteria:
            ``(A) The quantity of diversion or water delivery for the 
        current year anticipated to be necessary to irrigate land in 
        accordance with cropping plans prepared by contractors.
            ``(B) The annual diversion or water delivery demands for 
        the current year anticipated for non-irrigation uses under 
        water delivery contracts, including the demand for delivery for 
        uses in the State of Arizona under the Northwestern New Mexico 
        Rural Water Supply Project authorized by section 302(a) of the 
        Northwestern New Mexico Rural Water Projects Act, but excluding 
        any current demand for surface water for placement into aquifer 
        storage for future recovery and use.
            ``(C) An annual normal diversion demand of 135,000 acre-
        feet for the initial stage of the San Juan-Chama Project 
        authorized by section 8.
    ``(2) The Secretary shall not include in the normal diversion 
requirements--
            ``(A) the quantity of water that reliably can be 
        anticipated to be diverted or delivered under a contract from 
        inflows to the San Juan River arising below Navajo Dam under 
        New Mexico State Engineer File No. 3215; or
            ``(B) the quantity of water anticipated to be supplied 
        through reuse.
    ``(3) If the State of New Mexico determines that water uses under 
Navajo Reservoir water supply contracts or diversions by the San Juan-
Chama Project need to be reduced in any 1 year for the State to comply 
with the Upper Colorado River Basin Compact, as consented to by the Act 
of April 6, 1949 (63 Stat. 31, chapter 48), the Secretary shall reduce 
the normal diversion requirements for the year to reflect the water use 
or diversion limitations imposed by the State of New Mexico.
    ``(e)(1) If the Secretary determines that there is a shortage of 
water under subsection (a), the Secretary shall allocate the shortage 
to the demands on the Navajo Reservoir water supply in the following 
order of priority:
            ``(A) The demand for delivery for uses in the State of 
        Arizona under the Northwestern New Mexico Rural Water Supply 
        Project authorized by section 303 of the Northwestern New 
        Mexico Rural Water Projects Act, excluding the quantity of 
        water anticipated to be diverted for the uses from inflows to 
        the San Juan River that arise below Navajo Dam in accordance 
        with New Mexico State Engineer File No. 3215.
            ``(B) The demand for delivery for uses allocated under 
        paragraph 8.2 of the agreement executed under section 401(a)(2) 
        of the Northwestern New Mexico Rural Water Projects Act, 
        excluding the quantity of water anticipated to be diverted for 
        such uses under State Engineer File No. 3215.
            ``(C) The uses in the State of New Mexico that are 
        determined under subsection (d), in accordance with the 
        procedure for apportioning the water supply under subsection 
        (a).
    ``(2) For any year for which the Secretary determines and allocates 
a shortage in the Navajo Reservoir water supply, the Secretary shall 
not deliver, and contractors of the water supply shall not divert, any 
of the water supply for placement into aquifer storage for future 
recovery and use.
    ``(3) To determine the occurrence and amount of any shortage to 
contracts entered into under this section, the Secretary shall not 
include as available storage any water stored in a top water bank in 
Navajo Reservoir established under section 16(a) of the Act of April 
11, 1956 (commonly known as the `Colorado River Storage Project Act').
    ``(f) The Secretary of the Interior shall apply the sharing and 
apportionment of water determined under subsections (a), (d), and (e) 
on an annual volume basis.
    ``(g) The Secretary of the Interior may revise a determination of 
shortages, apportionments, or allocations of water under subsections 
(a), (d), and (e) on the basis of information relating to water supply 
conditions that was not available at the time at which the 
determination was made.
    ``(h) Nothing in this section prohibits the Secretary from 
reallocating water for any year, including a year in which a shortage 
is determined under subsection (a), in accordance with cooperative 
water agreements between water users providing for a sharing of water 
supplies.
    ``(i) Any water available for diversion under New Mexico State 
Engineer File No. 3215 shall be distributed, to the maximum extent 
practicable, in proportionate amounts to the diversion demands of all 
contractors and subcontractors of the Navajo Reservoir water supply 
that are diverting water below Navajo Dam.''.

SEC. 103. EFFECT ON FEDERAL WATER LAW.

    Unless expressly provided in this Act, nothing in this Act 
modifies, conflicts with, preempts, or otherwise affects--
            (1) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
            (2) the Boulder Canyon Project Adjustment Act (54 Stat. 
        774, chapter 643);
            (3) the Act of April 11, 1956 (commonly known as the 
        ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
        seq.);
            (4) the Act of September 30, 1968 (commonly known as the 
        ``Colorado River Basin Project Act'') (82 Stat. 885);
            (5) Public Law 87-483 (76 Stat. 96);
            (6) the Treaty between the United States of America and 
        Mexico representing utilization of waters of the Colorado and 
        Tijuana Rivers and of the Rio Grande, signed at Washington 
        February 3, 1944 (59 Stat. 1219);
            (7) the Colorado River Compact of 1922, as approved by the 
        Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
            (8) the Compact;
            (9) the Act of April 6, 1949 (63 Stat. 31, chapter 48);
            (10) the Jicarilla Apache Tribe Water Rights Settlement Act 
        (106 Stat. 2237); or
            (11) section 205 of the Energy and Water Development 
        Appropriations Act, 2005 (118 Stat. 2949).

              TITLE II--RECLAMATION WATER SETTLEMENTS FUND

SEC. 201. RECLAMATION WATER SETTLEMENTS FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the ``Reclamation Water 
Settlements Fund'', consisting of--
            (1) such amounts as are deposited to the Fund under 
        subsection (b); and
            (2) any interest earned on investment of amounts in the 
        Fund under subsection (d).
    (b) Deposits to Fund.--
            (1) In general.--For each of fiscal years 2018 through 
        2028, the Secretary of the Treasury shall deposit in the Fund 
        $90,000,000 of the revenues that would otherwise be deposited 
        for the fiscal year in the fund established by the first 
        section of the Act of June 17, 1902 (32 Stat. 388, chapter 
        1093).
            (2) Availability of amounts.--Amounts deposited in the Fund 
        under paragraph (1) shall be made available pursuant to this 
        section--
                    (A) without further appropriation; and
                    (B) in addition to amounts appropriated pursuant to 
                any authorization that is contained in--
                            (i) any settlement that is approved by 
                        Congress; or
                            (ii) any other provision of law.
    (c) Expenditures From Fund.--
            (1) In general.--For each of fiscal years 2018 through 
        2030, on request by the Secretary pursuant to paragraphs (2) 
        and (3), the Secretary of the Treasury shall transfer from the 
        Fund to the Secretary an amount not to exceed $90,000,000 for 
        the fiscal year to implement water-related judicial settlements 
        or other agreements involving the Bureau of Reclamation that 
        are approved by Congress.
            (2) Requests.--The Secretary may request a transfer from 
        the Fund to implement a settlement agreement approved by 
        Congress that resolves, in whole or in part, litigation 
        involving the United States or any other agreement approved by 
        Congress that is entered into by the Secretary, if the 
        agreement requires the Bureau of Reclamation to plan, design, 
        and construct--
                    (A) water supply infrastructure; or
                    (B) a project--
                            (i) to rehabilitate a water delivery system 
                        to conserve water; or
                            (ii) to restore fish or wildlife habitat or 
                        otherwise improve environmental conditions 
                        associated with or affected by a reclamation 
                        project that is in existence on the date of 
                        enactment of this Act.
            (3) Use for completion of project.--
                    (A) Priorities.--
                            (i) First priority.--The first priority for 
                        expenditure of amounts in the Fund shall be for 
                        the purposes described in subparagraph (B).
                            (ii) Other purposes.--Any amounts in the 
                        Fund that are not needed for the purposes 
                        described in subparagraph (B) may be used for 
                        other purposes authorized in paragraph (2).
                    (B) Expedited completion of project.--Effective 
                beginning January 1, 2018, if, in the judgment of the 
                Secretary, the deadline described in section 
                401(f)(1)(A)(ix) is unlikely to be met because a 
                sufficient amount of funding is not otherwise available 
                through appropriations made available pursuant to 
                section 308(a), the Secretary shall request the 
                Secretary of the Treasury to transfer from the Fund to 
                the Secretary such amounts (subject to paragraph (1)) 
                as are necessary to pay the Federal share of the costs, 
                and substantially complete as expeditiously as 
                practicable, the construction of the water supply 
                infrastructure authorized as part of the Project.
                    (C) Prohibited use of fund.--The Secretary shall 
                not use any amount transferred from the Fund under 
                subparagraph (A) to carry out any other feature or 
                activity described in title IV other than a feature or 
                activity relating to the construction of the water 
                supply infrastructure authorized as part of the 
                Project.
    (d) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Fund as is not, in the judgment of the 
        Secretary of the Treasury, required to meet current 
        withdrawals.
            (2) Interest-bearing obligations.--Investments may be made 
        only in interest-bearing obligations of the United States.
            (3) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at the 
                market price.
            (4) Sale of obligations.--Any obligation acquired by the 
        Fund may be sold by the Secretary of the Treasury at the market 
        price.
            (5) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Fund shall be credited to, and form a part of, the Fund.
    (e) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the Fund under this section shall be transferred at least 
        monthly from the general fund of the Treasury to the Fund on 
        the basis of estimates made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.
    (f) Termination.--On September 30, 2030--
            (1) the Fund shall terminate; and
            (2) the unexpended and unobligated balance of the Fund 
        shall be transferred to the general fund of the Treasury.

     TITLE III--NORTHWESTERN NEW MEXICO RURAL WATER SUPPLY PROJECT

SEC. 301. PURPOSES.

    The purposes of this subtitle are--
            (1) to authorize the Secretary to construct the 
        Northwestern New Mexico Rural Water Supply Project;
            (2) to allocate the water supply for the Project among the 
        Nation, the city of Gallup, New Mexico, and the Jicarilla 
        Apache Nation; and
            (3) to authorize the Secretary to enter into Project 
        repayment contracts with the city of Gallup and the Jicarilla 
        Apache Nation.

SEC. 302. AUTHORIZATION OF NORTHWESTERN NEW MEXICO RURAL WATER SUPPLY 
              PROJECT.

    (a) In General.--The Secretary, acting through the Commissioner of 
Reclamation, may design, construct, operate, and maintain the Project 
in substantial accordance with the preferred alternative in the Draft 
Impact Statement.
    (b) Project Facilities.--To provide for the delivery of San Juan 
River water to Project Participants, the Secretary may construct, 
operate, and maintain the Project facilities described in the preferred 
alternative in the Draft Impact Statement, including:
            (1) A pumping plant on the San Juan River in the vicinity 
        of Kirtland, New Mexico.
            (2)(A) A main pipeline from the San Juan River near 
        Kirtland, New Mexico, to Shiprock, New Mexico, and Gallup, New 
        Mexico, which follows United States Highway 491.
                    (B) Any pumping plants associated with the pipeline 
                authorized under subparagraph (A).
            (3)(A) A main pipeline from Cutter Reservoir to Ojo Encino, 
        New Mexico, which follows United States Highway 550.
                    (B) Any pumping plants associated with the pipeline 
                authorized under subparagraph (A).
            (4)(A) Lateral pipelines from the main pipelines to Nation 
        communities in the States of New Mexico and Arizona.
                    (B) Any pumping plants associated with the 
                pipelines authorized under subparagraph (A).
            (5) Any water regulation, storage or treatment facility, 
        service connection to an existing public water supply system, 
        power substation, power distribution works, or other 
        appurtenant works (including a building or access road) that is 
        related to the Project facilities authorized by paragraphs (1) 
        through (4), including power transmission facilities to connect 
        Project facilities to existing high-voltage transmission 
        facilities.
    (c) Acquisition of Land.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary may acquire any land or interest in land that is 
        necessary to construct, operate, and maintain the Project 
        facilities authorized under subsection (b).
            (2) Limitation.--The Secretary may not condemn water rights 
        for purposes of the Project.
    (d) Conditions.--
            (1) In general.--The Secretary shall not commence 
        construction of the facilities authorized under subsection (b) 
        until such time as--
                    (A) the Secretary executes the Agreement and the 
                Contract;
                    (B) the contracts authorized under section 304 are 
                executed;
                    (C) the Secretary--
                            (i) completes an environmental impact 
                        statement for the Project; and
                            (ii) has issued a record of decision that 
                        provides for a preferred alternative; and
                    (D) the State of New Mexico has made arrangements 
                with the Secretary to contribute $25,000,000 toward the 
                construction costs of the Project.
            (2) Cost sharing.--State contributions required under 
        paragraph (1)(D) shall be in addition to amounts that the State 
        of New Mexico contributes for the planning and construction of 
        regional facilities to distribute Project water to the City and 
        surrounding Nation communities before the date on which the 
        City executes a repayment contract under section 304(b).
            (3) Effect.--The design and construction of the Project 
        shall not be subject to the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450 et seq.).
    (e) Conveyance of Project Facilities.--
            (1) In general.--The Secretary may enter into separate 
        agreements with the City and the Nation to convey each Project 
        facility authorized under subsection (b) to the City and the 
        Nation after--
                    (A) completion of construction of the Project; and
                    (B) execution of a Project operations agreement 
                approved by the Secretary and the Project Participants 
                that sets forth--
                            (i) any terms and conditions that the 
                        Secretary determines are necessary--
                                    (I) to ensure the continuation of 
                                the intended benefits of the Project; 
                                and
                                    (II) to fulfill the purposes of 
                                this subtitle;
                            (ii) requirements acceptable to the 
                        Secretary and the Project Participants for--
                                    (I) the distribution of water under 
                                the Project; and
                                    (II) the allocation and payment of 
                                annual operation, maintenance, and 
                                replacement costs of the Project based 
                                on the proportionate uses of Project 
                                facilities; and
                            (iii) conditions and requirements 
                        acceptable to the Secretary and the Project 
                        Participants for operating and maintaining each 
                        Project facility on completion of the 
                        conveyance, including the requirement that the 
                        City and the Nation shall--
                                    (I) comply with--
                                            (aa) the Compact; and
                                            (bb) other applicable law; 
                                        and
                                    (II) be responsible for--
                                            (aa) the operation, 
                                        maintenance, and replacement of 
                                        each Project facility; and
                                            (bb) the accounting and 
                                        management of water conveyance 
                                        and Project finances, as 
                                        necessary to administer and 
                                        fulfill the conditions of the 
                                        Contract executed under section 
                                        304(a)(2)(B).
            (2) Conveyance to the city of gallup or navajo nation.--In 
        conveying a Project facility under this subsection, the 
        Secretary shall convey to--
                    (A) the City the facilities and any land or 
                interest in land acquired by the United States for the 
                construction, operation, and maintenance of the Project 
                that are located within the corporate boundaries of the 
                City; and
                    (B) the Nation the facilities and any land or 
                interests in land acquired by the United States for the 
                construction, operation, and maintenance of the Project 
                that are located outside the corporate boundaries of 
                the City.
            (3) Effect of conveyance.--The conveyance of each Project 
        facility shall not affect the application of the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the 
        use of the water associated with the Project.
            (4) Notice of proposed conveyance.--Not later than 45 days 
        before the date of a proposed conveyance of any Project 
        facility, the Secretary shall submit to the Committee on 
        Resources of the House of Representatives and to the Committee 
        on Energy and Natural Resources of the Senate notice of the 
        conveyance of each Project facility.
    (f) Colorado River Storage Project Power.--The conveyance of 
Project facilities under subsection (e) shall not affect the 
availability of Colorado River Storage Project power to the Project 
under section 7 of the Act of April 11, 1956 (commonly known as the 
``Colorado River Storage Project Act'') (43 U.S.C. 620f).
    (g) Regional Use of Project Facilities.--
            (1) In general.--Subject to paragraph (2), Project 
        facilities constructed under subsection (b) may be used to 
        treat and convey non-Project water or water that is not 
        allocated by subsection 303(b) if--
                    (A) capacity is available without impairing any 
                water delivery to a Project Participant; and
                    (B) the unallocated or non-Project water 
                beneficiary--
                            (i) has the right to use the water;
                            (ii) agrees to pay the operation, 
                        maintenance, and replacement costs assignable 
                        to the beneficiary for the use of the Project 
                        facilities; and
                            (iii) agrees to pay a fee established by 
                        the Secretary to assist in the recovery of any 
                        capital cost relating to that use.
            (2) Effect of payments.--Any payments to the United States 
        or the Nation for the use of unused capacity under this 
        subsection or for water under any subcontract with the Nation 
        or the Jicarilla Apache Nation shall not alter the construction 
        repayment requirements or the operation, maintenance, and 
        replacement payment requirements of the Project Participants.

SEC. 303. DELIVERY AND USE OF NORTHWESTERN NEW MEXICO RURAL WATER 
              SUPPLY PROJECT WATER.

    (a) Use of Project Water.--
            (1) In general.--In accordance with this Act and other 
        applicable law, water supply from the Project shall be used for 
        municipal, industrial, commercial, domestic, and stock watering 
        purposes.
            (2) Use on certain land.--
                    (A) In general.--Subject to subparagraph (B), the 
                Nation may use Project water allocations on--
                            (i) land held by the United States in trust 
                        for the Nation and members of the Nation; and
                            (ii) land held in fee by the Nation.
                    (B) Transfer.--The Nation may transfer the purposes 
                and places of use of the allocated water in accordance 
                with the Agreement and applicable law.
            (3) Hydroelectric power.--Hydroelectric power may be 
        generated as an incident to the delivery of Project water under 
        paragraph (1).
            (4) Storage.--
                    (A) In general.--Subject to subparagraph (B), any 
                water contracted for delivery under paragraph (1) that 
                is not needed for current water demands or uses may be 
                delivered by the Project for placement in underground 
                storage in the State of New Mexico for future recovery 
                and use.
                    (B) State approval.--Delivery of water under 
                subparagraph (A) is subject to--
                            (i) approval by the State of New Mexico 
                        under applicable provisions of State law 
                        relating to aquifer storage and recovery; and
                            (ii) the provisions of the Agreement and 
                        this Act.
    (b) Project Water and Capacity Allocations.--
            (1) Diversion.--The Project shall divert from the Navajo 
        Reservoir and the San Juan River a quantity of water that does 
        not exceed the lesser of--
                    (A) 37,760 acre-feet of water; or
                    (B) the quantity of water necessary to supply a 
                depletion from the San Juan River of 35,890 acre-feet.
            (2) Allocation.--
                    (A) In general.--Water diverted under paragraph (1) 
                shall be allocated to the Project Participants in 
                accordance with subparagraphs (B) through (E), other 
                provisions of this Act, and other applicable law.
                    (B) Allocation to the city of gallup.--The Project 
                shall deliver at the point of diversion from the San 
                Juan River not more than 7,500 acre-feet of water for 
                use by the City.
                    (C) Allocation to navajo nation communities in new 
                mexico.--For use by the Nation in the State of New 
                Mexico, the Project shall deliver at the points of 
                diversion from the San Juan River or at Navajo 
                Reservoir the lesser of--
                            (i) 22,650 acre-feet of water; or
                            (ii) the quantity of water necessary to 
                        supply a depletion from the San Juan River of 
                        20,780 acre-feet of water.
                    (D) Allocation to navajo nation communities in 
                arizona.--In accordance with subsection (d), the 
                Project may deliver at the point of diversion from the 
                San Juan River not more than 6,411 acre-feet of water 
                for use by the Nation in the State of Arizona.
                    (E) Allocation to jicarilla apache nation.--The 
                Project shall deliver at Navajo Reservoir not more than 
                1,200 acre-feet of water for use by the Jicarilla 
                Apache Nation in the southern portion of the Jicarilla 
                Apache Nation Reservation in the State of New Mexico.
            (3) Use in excess of allocation quantity.--Notwithstanding 
        each allocation quantity limit described in subparagraphs (B), 
        (C), and (E) of paragraph (2), the Secretary may authorize a 
        Project Participant to exceed the allocation quantity limit of 
        that Project Participant if--
                    (A) capacity is available without impairing any 
                water delivery to any other Project Participant; and
                    (B) the Project Participant benefitting from the 
                increased allocation quantity--
                            (i) has the right to use the additional 
                        water;
                            (ii) agrees to pay the operation, 
                        maintenance, and replacement costs relating to 
                        the additional use any Project facility; and
                            (iii) agrees to pay a fee established by 
                        the Secretary to assist in recovering capital 
                        costs relating to that additional use.
    (c) Sources of Water.--The sources of water for the Project 
allocated by subsection (b) shall be water originating in--
            (1) drainage of the San Juan River above Navajo Dam, to be 
        supplied under New Mexico State Engineer File No. 2849; and
            (2) inflow to the San Juan River arising below Navajo Dam, 
        to be supplied under New Mexico State Engineer File No. 3215.
    (d) Conditions for Use in Arizona.--
            (1) Requirements.--Project water shall not be delivered for 
        use by any community of the Nation in the State of Arizona 
        under subsection (b)(2)(D) until the date on which--
                    (A) the Secretary determines by hydrologic 
                investigation that sufficient water is reasonably 
                likely to be available to supply uses from water of the 
                Colorado River system allocated to the State of 
                Arizona;
                    (B) the Secretary submits to Congress the 
                determination described in subparagraph (A);
                    (C) the Secretary determines that the uses in the 
                State of Arizona are within the apportionment of the 
                water of the Colorado River made to the State of 
                Arizona through compact, statute, or court decree;
                    (D) Congress has approved a Navajo Reservoir supply 
                contract between the Nation and the United States to 
                provide for the delivery of Project water for the uses 
                in Arizona;
                    (E) the Navajo Nation and the State of Arizona have 
                entered into an agreement providing for delivery of 
                water of the Project for uses in Arizona; and
                    (F) any other determination is made as may be 
                required by the Compact.
            (2) Accounting of uses in arizona.--Any depletion of water 
        from the San Juan River stream system in the State of New 
        Mexico that results from the diversion of water by the Project 
        for uses within the State of Arizona (including depletion 
        incidental to the diversion, impounding, or conveyance of water 
        in the State of New Mexico for uses in the State of Arizona)--
                    (A) shall be accounted for as a part of the 
                Colorado River System apportionments to the State of 
                Arizona; and
                    (B) shall not increase the total quantity of water 
                to which the State of Arizona is entitled to use under 
                any compact, statute, or court decree.
    (e) Forbearance.--
            (1) In general.--Subject to paragraphs (2) and (3), during 
        any year in which a shortage to the normal diversion 
        requirement for any use relating to the Project within the 
        State of Arizona occurs (as determined under section 11 of 
        Public Law 87-483 (76 Stat. 99)), the Nation may temporarily 
        forbear the delivery of the water supply of the Navajo 
        Reservoir for uses in the State of New Mexico under the 
        apportionments of water to the Navajo Indian Irrigation Project 
        and the normal diversion requirements of the Project to allow 
        an equivalent quantity of water to be delivered from the Navajo 
        Reservoir water supply for municipal and domestic uses of the 
        Nation in the State of Arizona under the Project.
            (2) Limitation of forbearance.--The Nation may forebear the 
        delivery of water under paragraph (1) of a quantity not 
        exceeding the quantity of the shortage to the normal diversion 
        requirement for any use relating to the Project within the 
        State of Arizona.
            (3) Effect.--The forbearance of the delivery of water under 
        paragraph (1) shall be subject to the requirements relating to 
        accounting and water quantity described in subsection (d)(2).
    (f) Effect.--Nothing in this Act--
            (1) authorizes the marketing, leasing, or transfer of the 
        water supplies made available to the Nation under the Contract 
        to non-Navajo water users in States other than the State of New 
        Mexico; or
            (2) authorizes the forbearance of water uses in the State 
        of New Mexico to allow uses of water in other States other than 
        as authorized under subsection (e).
    (g) Consistency With Upper Colorado River Basin Compact.--
Notwithstanding any other provision of law, in accordance with the 
Resolution, water diverted by the Project for use in the Lower Colorado 
River Basin in the State of New Mexico shall be a part of the 
consumptive use apportionment made to the State of New Mexico by 
Article III(a) of the Compact.

SEC. 304. PROJECT CONTRACTS.

    (a) Navajo Nation Contract.--
            (1) Hydrologic determination.--Congress recognizes that the 
        Hydrologic Determination satisfactory to support approval of 
        the Contract has been completed.
            (2) Contract approval.--
                    (A) Approval.--
                            (i) In general.--Except to the extent that 
                        any provision of the Contract conflicts with 
                        this Act, Congress approves, ratifies, and 
                        incorporates by reference the Contract.
                            (ii) Amendments.--To the extent any 
                        amendment is executed to make the Contract 
                        consistent with this Act, that amendment is 
                        authorized, ratified, and confirmed.
                    (B) Execution of contract.--The Secretary, acting 
                on behalf of the United States, shall enter into the 
                Contract to the extent that the Contract does not 
                conflict with this Act (including any amendment that is 
                required to make the Contract consistent with this 
                Act).
            (3) No repayment obligation.--The Nation is not obligated 
        to repay--
                    (A) any share of the construction costs of the 
                Nation relating to the Project authorized by section 
                302(a); or
                    (B) any costs relating to the construction of the 
                Navajo Indian Irrigation Project that may otherwise be 
                allocable to the Nation for use of any facility of the 
                Navajo Indian Irrigation Project to convey water to 
                each Navajo community under the Project.
            (4) Operation, maintenance, and replacement obligation.--
        Subject to subsection (f), the Nation shall pay any costs 
        relating to the operation, maintenance, and replacement of each 
        facility of the Project that are allocable to the Nation.
            (5) Limitation, cancellation, termination, and 
        rescission.--The Contract may be limited by a term of years, 
        canceled, terminated, or rescinded only by an Act of Congress.
    (b) City of Gallup Contract.--
            (1) Contract authorization.--To the extent consistent with 
        this Act, the Secretary may enter into a repayment contract 
        with the City that requires the City--
                    (A) to repay, within a 50-year period, the share of 
                any construction cost of the City relating to the 
                Project; and
                    (B) to pay the operation, maintenance, and 
                replacement costs of the Project that are allocable to 
                the City.
            (2) Share of construction costs.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary shall determine the share of the construction 
                costs of the City relating to the Project, based on the 
                ability of the City to pay the construction costs of 
                each facility of the Project that is allocable to the 
                City.
                    (B) Minimum percentage.--The share of the 
                construction costs of the City shall be at least 25 
                percent of the construction costs of the Project that 
                are allocable to the City
            (3) Excess construction costs.--Any construction costs of 
        the Project allocable to providing capacity to deliver water to 
        the City that are in excess of the share of the City of the 
        construction costs of the Project, as determined under 
        paragraph (2), shall be nonreimbursable.
            (4) Grant funds.--A grant from any other Federal source 
        shall not be credited toward the amount required to be repaid 
        by the City under a repayment contract.
            (5) Title transfer.--If title is transferred to the City 
        prior to repayment under section 302(e), the City shall be 
        required to provide assurances satisfactory to the Secretary of 
        fulfillment of the remaining repayment obligation of the City.
            (6) Operation, maintenance and replacement obligation.--The 
        City shall pay the operation, maintenance, and replacement 
        costs for each facility of the Project that is allocable to the 
        City.
            (7) Water delivery subcontract.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Secretary shall not enter into a contract 
                under paragraph (1) with the City until the City has 
                secured a water supply for the portion of the Project 
                for which the City is responsible by entering into, as 
                approved by the Secretary, a water delivery subcontract 
                for a period of not less than 40 years beginning on the 
                date on which the construction of any facility of the 
                Project serving the City is completed, but for a period 
                not exceeding 99 years, with--
                            (i) the Nation, as authorized by the 
                        Contract; or
                            (ii) the Jicarilla Apache Nation, as 
                        authorized by the settlement contract between 
                        the United States and the Jicarilla Apache 
                        Tribe, authorized by the Jicarilla Apache Tribe 
                        Water Rights Settlement Act (Public Law 102-
                        441; 106 Stat. 2237).
                    (B) Effect.--Nothing in this paragraph--
                            (i) prevents the City from obtaining an 
                        alternate source of water for the portion of 
                        the Project for which the City is responsible, 
                        subject to approval of the Secretary and the 
                        State of New Mexico, acting through the New 
                        Mexico Interstate Stream Commission and the New 
                        Mexico State Engineer; or
                            (ii) obligates the Nation or the Jicarilla 
                        Apache Nation to enter into a water delivery 
                        subcontract with the City.
    (c) Jicarilla Apache Nation Contract.--
            (1) Contract authorization.--To the extent consistent with 
        this Act, the Secretary may enter into a repayment contract 
        with the Jicarilla Apache Nation that requires the Jicarilla 
        Apache Nation--
                    (A) to repay, within a 50-year period, the share of 
                any construction cost of the Jicarilla Apache Nation 
                relating to the Project; and
                    (B) to pay the operation, maintenance, and 
                replacement costs of the Project that are allocable to 
                the Jicarilla Apache Nation.
            (2) Share of construction costs.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary shall determine the share of the Jicarilla 
                Apache Nation of the construction costs of the Project, 
                based on the ability of the Jicarilla Apache Nation to 
                pay the construction costs of the Project facilities 
                that are allocable to the Jicarilla Apache Nation.
                    (B) Minimum percentage.--The share of the Jicarilla 
                Apache Nation under subparagraph (A) shall be at least 
                25 percent of the construction costs of the Project 
                that are allocable to the Jicarilla Apache Nation.
            (3) Excess construction costs.--Any construction costs of 
        the Project allocable to providing capacity to deliver water to 
        the Jicarilla Apache Nation that are in excess of the share of 
        the Jicarilla Apache Nation of the construction costs of the 
        Project, as determined under paragraph (2), shall be 
        nonreimbursable.
            (4) Grant funds.--A grant from any other Federal source 
        shall not be credited toward the share of the Jicarilla Apache 
        Nation of construction costs.
            (5) Navajo indian irrigation project costs.--The Jicarilla 
        Apache Nation shall have no obligation to repay any Navajo 
        Indian Irrigation Project construction costs that might 
        otherwise be allocable to the Jicarilla Apache Nation for use 
        of the Navajo Indian Irrigation Project facilities to convey 
        water to the Jicarilla Apache Nation.
            (6) Operation, maintenance and replacement obligation.--The 
        Jicarilla Apache Nation shall pay the operation, maintenance, 
        and replacement costs relating to each facility of the Project 
        that are allocable to the Jicarilla Apache Nation.
    (d) Capital Cost Allocations.--For purposes of determining the 
capital repayment requirements of the Project Participants under this 
section, the Secretary shall review and, as appropriate, update the 
report prepared by the Bureau of Reclamation in the Draft Impact 
Statement allocating capital construction costs for the Project.
    (e) Operation, Maintenance, and Replacement Cost Allocations.--For 
purposes of determining the operation, maintenance, and replacement 
obligations of the Project Participants under this section, the 
Secretary shall review and, as appropriate, update the report prepared 
by the Bureau of Reclamation in the Draft Impact Statement that 
allocates operation, maintenance, and replacement costs for the 
Project.
    (f) Temporary Waivers of Payments.--
            (1) In general.--On the date on which the Project is 
        substantially complete and the Nation receives a delivery of 
        water generated by the Project, the Secretary may waive, for a 
        period of not more than 10 years, the operation, maintenance, 
        and replacement costs of the Project allocable to the Nation 
        that the Secretary determines are in excess of the ability of 
        the Nation to pay.
            (2) Payment by united states.--Any operation, maintenance, 
        or replacement costs waived by the Secretary under paragraph 
        (1) shall be paid by the United States.
            (3) Effect on contracts.--Failure of the Secretary to waive 
        costs under paragraph (1) because of a lack of availability of 
        Federal funding to pay the costs under paragraph (2) shall not 
        alter the obligations of the Nation or the United States under 
        a repayment contract.
            (4) Termination of authority.--The authority of the 
        Secretary to waive costs under paragraph (1) with respect to a 
        Project facility transferred to the Nation under section 302(e) 
        shall terminate on the date on which the Project facility is 
        transferred.

SEC. 305. USE OF NAVAJO NATION MUNICIPAL PIPELINE.

    In addition to use of the Navajo Nation Municipal Pipeline to 
convey the Animas-La Plata Project water of the Nation, the Nation may 
use the Navajo Nation Municipal Pipeline to convey water for other 
purposes (including purposes relating to the Project).

SEC. 306. AUTHORIZATION OF CONJUNCTIVE USE WELLS.

    (a) Conjunctive Groundwater Development Plan.--Not later than 1 
year after the date of enactment of this Act, the Nation, in 
consultation with the Secretary, shall complete a conjunctive 
groundwater development plan for the wells described in subsections (b) 
and (c).
    (b) Wells in the San Juan River Basin.--In accordance with the 
conjunctive groundwater development plan, the Secretary may construct 
or rehabilitate wells and related pipeline facilities to provide 
capacity for the diversion and distribution of not more than 1,670 
acre-feet of groundwater in the San Juan River Basin in the State of 
New Mexico for municipal and domestic uses.
    (c) Wells in the Little Colorado and Rio Grande Basins.--
            (1) In general.--In accordance with the Project and 
        conjunctive groundwater development plan for the Nation, the 
        Secretary may construct or rehabilitate wells and related 
        pipeline facilities to provide capacity for the diversion and 
        distribution of--
                    (A) not more than 680 acre-feet of groundwater in 
                the Little Colorado River Basin in the State of New 
                Mexico;
                    (B) not more than 80 acre-feet of groundwater in 
                the Rio Grande Basin in the State of New Mexico; and
                    (C) not more than 770 acre-feet of groundwater in 
                the Little Colorado River Basin in the State of 
                Arizona.
            (2) Use.--Groundwater diverted and distributed under 
        paragraph (1) shall be used for municipal and domestic uses.
    (d) Acquisition of Land.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary may acquire any land or interest in land that is 
        necessary for the construction, operation, and maintenance of 
        the wells and related pipeline facilities authorized under 
        subsections (b) and (c).
            (2) Limitation.--Nothing in this subsection authorizes the 
        Secretary to condemn water rights for the purposes described in 
        paragraph (1).
    (e) Condition.--The Secretary shall not commence any construction 
activity relating to the wells described in subsections (b) and (c) 
until the Secretary executes the Agreement.
    (f) Conveyance of Wells.--
            (1) In general.--The Secretary shall enter into an 
        agreement with the Nation to convey to the Nation--
                    (A) any well or related pipeline facility 
                constructed or rehabilitated under subsections (a) and 
                (b) after the wells and related facilities have been 
                completed; and
                    (B) any land or interest in land acquired by the 
                United States for the construction, operation, and 
                maintenance of the well or related pipeline facility.
            (2) Operation, maintenance, and replacement.--On completion 
        of a conveyance under paragraph (1), the Nation shall assume 
        responsibility for the operation, maintenance, and replacement 
        of the well or related pipeline facility conveyed.
            (3) Effect of conveyance.--The conveyance to the Nation of 
        the conjunctive use wells under paragraph (1) shall not affect 
        the application of the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.).
    (g) Use of Project Facilities.--The capacities of the treatment 
facilities, main pipelines, and lateral pipelines of the Project 
authorized by section 302(b) may be used to treat and convey 
groundwater to Nation communities if the Nation provides for payment of 
the operation, maintenance, and replacement costs associated with the 
use of the facilities or pipelines.
    (h) Limitations.--The diversion and use of groundwater by wells 
constructed or rehabilitated under this section shall be made in a 
manner consistent with applicable Federal and State law.

SEC. 307. SAN JUAN RIVER IRRIGATION PROJECTS.

    (a) Rehabilitation.--Subject to subsection (b), the Secretary shall 
rehabilitate--
            (1) the Fruitland-Cambridge Irrigation Project to serve not 
        more than 3,335 acres of land, which shall be considered to be 
        the total serviceable area of the Project; and
            (2) the Hogback-Cudei Irrigation Project to serve not more 
        than 8,830 acres of land, which shall be considered to be the 
        total serviceable area of the Project.
    (b) Condition.--The Secretary shall not commence any construction 
activity relating to the rehabilitation of the Fruitland-Cambridge 
Irrigation Project or the Hogback-Cudei Irrigation Project under 
subsection (a) until the Secretary executes the Agreement.
    (c) Operation, Maintenance, and Replacement Obligation.--Upon the 
date of completion of the rehabilitation, the Nation shall assume the 
obligations for the operation, maintenance, and replacement of each 
facility rehabilitated under this section.

SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations for Northwestern New Mexico 
Rural Water Supply Project.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to construct the Project such sums as are 
        necessary for the period of fiscal years 2008 through 2022.
            (2) Adjustments.--The amount under paragraph (1) shall be 
        adjusted by such amounts as may be required by reason of 
        changes since 2005 in construction costs, as indicated by 
        engineering cost indices applicable to the types of 
        construction involved.
            (3) Use.--In addition to the uses authorized under 
        paragraph (1), amounts made available under that paragraph may 
        be used for the conduct of related activities to comply with 
        Federal environmental laws.
    (b) Appropriations for Conjunctive Use Wells.--
            (1) San juan wells.--There is authorized to be appropriated 
        to the Secretary for the construction or rehabilitation of 
        conjunctive use wells under section 306(b) $30,000,000, as 
        adjusted under paragraph (3), for the period of fiscal years 
        2008 through 2018.
            (2) Wells in the little colorado and rio grande basins.--
        There is authorized to be appropriated to the Secretary for the 
        construction or rehabilitation of conjunctive use wells under 
        section 306(c) such sums as are necessary for the period of 
        fiscal years 2008 through 2024.
            (3) Adjustments.--The amount under paragraph (1) shall be 
        adjusted by such amounts as may be required by reason of 
        changes since 2004 in construction costs, as indicated by 
        engineering cost indices applicable to the types of 
        construction or rehabilitation involved.
            (4) Nonreimbursable expenditures.--Amounts made available 
        under paragraphs (1) and (2) shall be nonreimbursable to the 
        United States.
            (5) Use.--In addition to the uses authorized under 
        paragraphs (1) and (2), amounts made available under that 
        paragraph may be used for the conduct of related activities to 
        comply with Federal environmental laws.
    (c) San Juan River Irrigation Projects.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary--
                    (A) to carry out subsection 307(a)(1), not more 
                than $7,700,000, as adjusted under paragraph (2), for 
                the period of fiscal years 2008 through 2014; and
                    (B) to carry out subsection 307(a)(2), not more 
                than $15,400,000, as adjusted under paragraph (2), for 
                the period of fiscal years 2008 through 2017.
            (2) Adjustment.--The amounts made available under paragraph 
        (1) shall be adjusted by such amounts as may be required by 
        reason of changes since January 1, 2004, in construction costs, 
        as indicated by engineering cost indices applicable to the 
        types of construction involved in the rehabilitation.
            (3) Nonreimbursable expenditures.--Amounts made available 
        under this subsection shall be nonreimbursable to the United 
        States.
    (d) Cultural Resources.--
            (1) In general.--The Secretary may use not more than 4 
        percent of amounts made available under subsections (a) and (b) 
        for the survey, recovery, protection, preservation, and display 
        of archaeological resources in the area of a Project facility 
        or conjunctive use well.
            (2) Nonreimbursable expenditures.--Any amounts made 
        available under paragraph (1) shall be nonreimbursable and 
        nonreturnable to the United States.
    (e) Fish and Wildlife Facilities.--
            (1) In general.--In association with the development of the 
        Project, the Secretary may use not more than 4 percent of 
        amounts made available under subsections (a) and (b) to 
        purchase land and construct and maintain facilities to mitigate 
        the loss of, and improve conditions for the propagation of, 
        fish and wildlife if any such purchase, construction, or 
        maintenance will not affect the operation of any water project 
        or use of water.
            (2) Nonreimbursable expenditures.--Any amounts expended 
        under paragraph (1) shall be nonreimbursable and nonreturnable 
        to the United States.

                  TITLE IV--NAVAJO NATION WATER RIGHTS

SEC. 401. AGREEMENT.

    (a) Agreement Approval.--
            (1) Approval by congress.--Except to the extent that any 
        provision of the Agreement conflicts with this Act, Congress 
        approves, ratifies, and incorporates by reference the Agreement 
        (including any amendments to the Agreement that are executed to 
        make the Agreement consistent with this Act).
            (2) Execution by secretary.--The Secretary, acting on 
        behalf of the United States, shall enter into the Agreement to 
        the extent that the Agreement does not conflict with this Act, 
        including--
                    (A) any exhibits to the Agreement requiring the 
                signature of the Secretary; and
                    (B) any amendments to the Agreement necessary to 
                make the Agreement consistent with this Act.
            (3) Authority of secretary.--The Secretary may carry out 
        any action that the Secretary determines is necessary or 
        appropriate to implement the Agreement, the Contract, and this 
        section.
            (4) Administration of navajo reservoir releases.--The State 
        of New Mexico may administer releases of stored water from 
        Navajo Reservoir in accordance with subparagraph 9.1 of the 
        Agreement.
    (b) Water Available Under Contract.--
            (1) Quantities of water available.--
                    (A) In general.--Water shall be made available 
                annually under the Contract for projects in the State 
                of New Mexico supplied from the Navajo Reservoir and 
                the San Juan River (including tributaries of the River) 
                under New Mexico State Engineer File Numbers 2849, 
                2883, and 3215 in the quantities described in 
                subparagraph (B).
                    (B) Water quantities.--The quantities of water 
                referred to in subparagraph (A) are as follows:

 
------------------------------------------------------------------------
                                                    Diversion  Depletion
                                                      (acre-     (acre-
                                                      feet/      feet/
                                                      year)      year)
------------------------------------------------------------------------
Navajo Indian Irrigation Project                      508,000   270,000
Northwestern New Mexico Rural Water Supply Project     22,650    20,780
Animas-La Plata Project                                 4,680     2,340
Total                                                 535,330   293,120
------------------------------------------------------------------------

                    (C) Maximum quantity.--A diversion of water to the 
                Nation under the Contract for a project described in 
                subparagraph (B) shall not exceed the quantity of water 
                necessary to supply the amount of depletion for the 
                project.
                    (D) Terms, conditions, and limitations.--The 
                diversion and use of water under the Contract shall be 
                subject to and consistent with the terms, conditions, 
                and limitations of the Agreement, this Act, and any 
                other applicable law.
            (2) Amendments to contract.--The Secretary, with the 
        consent of the Nation, may amend the Contract if the Secretary 
        determines that the amendment is--
                    (A) consistent with the Agreement; and
                    (B) in the interest of conserving water or 
                facilitating beneficial use by the Nation or a 
                subcontractor of the Nation.
            (3) Rights of the nation.--The Nation may, under the 
        Contract--
                    (A) use tail water, wastewater, and return flows 
                attributable to a use of the water by the Nation or a 
                subcontractor of the Nation if--
                            (i) the depletion of water does not exceed 
                        the quantities described in paragraph (1); and
                            (ii) the use of tail water, wastewater, or 
                        return flows is consistent with the terms, 
                        conditions, and limitations of the Agreement, 
                        the Resolution, and any other applicable law; 
                        and
                    (B) change a point of diversion, change a purpose 
                or place of use, and transfer a right for depletion 
                under this Act (except for a point of diversion, 
                purpose or place of use, or right for depletion for use 
                in the State of Arizona under section 303(b)(2)(D)), to 
                another use, purpose, place, or depletion in the State 
                of New Mexico to meet a water resource or economic need 
                of the Nation if--
                            (i) the change or transfer is subject to 
                        and consistent with the terms of the Agreement, 
                        the Partial Final Decree described in paragraph 
                        3.0 of the Agreement, the Contract, and any 
                        other applicable law; and
                            (ii) a change or transfer of water use by 
                        the Nation does not alter any obligation of the 
                        United States, the Nation, or another party to 
                        pay or repay project construction, operation, 
                        maintenance, or replacement costs under this 
                        Act and the Contract.
    (c) Subcontracts.--
            (1) In general.--
                    (A) Subcontracts between nation and third 
                parties.--The Nation may enter into subcontracts for 
                the delivery of Project water under the Contract to 
                third parties for any beneficial use in the State of 
                New Mexico (on or off land held by the United States in 
                trust for the Nation or a member of the Nation or land 
                held in fee by the Nation).
                    (B) Approval required.--A subcontract entered into 
                under subparagraph (A) shall not be effective until 
                approved by the Secretary in accordance with this 
                subsection and the Contract.
                    (C) Submittal.--The Nation shall submit to the 
                Secretary for approval or disapproval any subcontract 
                entered into under this subsection.
                    (D) Deadline.--The Secretary shall approve or 
                disapprove a subcontract submitted to the Secretary 
                under subparagraph (C) not later than the later of--
                            (i) the date that is 180 days after the 
                        date on which the subcontract is submitted to 
                        the Secretary; and
                            (ii) the date that is 60 days after the 
                        date on which a subcontractor complies with--
                                    (I) section 102(2)(C) of the 
                                National Environmental Policy Act of 
                                1969 (42 U.S.C. 4332(2)(C)); and
                                    (II) any other requirement of 
                                Federal law.
                    (E) Enforcement.--A party to a subcontract may 
                enforce the deadline described in subparagraph (D) 
                under section 1361 of title 28, United States Code.
                    (F) Compliance with other law.--A subcontract 
                described in subparagraph (A) shall comply with the 
                Agreement, the Partial Final Decree described in 
                paragraph 3.0 of the Agreement, and any other 
                applicable law.
            (2) Alienation.--
                    (A) Permanent alienation.--The Nation shall not 
                permanently alienate any right granted to the Nation 
                under the Contract.
                    (B) Maximum term.--The term of any water use 
                subcontract (including a renewal) under this subsection 
                shall be not more than 99 years.
            (3) Nonintercourse act compliance.--This subsection--
                    (A) provides congressional authorization for the 
                subcontracting rights of the Nation; and
                    (B) is deemed to fulfill any requirement that may 
                be imposed by section 2116 of the Revised Statutes (25 
                U.S.C. 177).
            (4) Forfeiture.--The nonuse of the water supply secured by 
        a subcontractor of the Nation under this subsection shall not 
        result in forfeiture, abandonment, relinquishment, or other 
        loss of any part of a right decreed to the Nation under the 
        Contract or this section.
            (5) No per capita payments.--No part of the revenue from a 
        water use subcontract under this subsection shall be 
        distributed to any member of the Nation on a per capita basis.
    (d) Water Leases Not Requiring Subcontracts.--
            (1) Authority of nation.--
                    (A) In general.--The Nation may lease, contract, or 
                otherwise transfer to another party or to another 
                purpose or place of use in the State of New Mexico (on 
                or off land that is held by the United States in trust 
                for the Nation or a member of the Nation or held in fee 
                by the Nation) a water right that--
                            (i) is decreed to the Nation under the 
                        Agreement; and
                            (ii) is not subject to the Contract.
                    (B) Compliance with other law.--In carrying out an 
                action under this subsection, the Nation shall comply 
                with the Agreement, the Partial Final Decree described 
                in paragraph 3.0 of the Agreement, the Supplemental 
                Partial Final Decree described in paragraph 4.0 of the 
                Agreement, and any other applicable law.
            (2) Alienation; maximum term.--
                    (A) Alienation.--The Nation shall not permanently 
                alienate any right granted to the Nation under the 
                Agreement.
                    (B) Maximum term.--The term of any water use lease, 
                contract, or other arrangement (including a renewal) 
                under this subsection shall be not more than 99 years.
            (3) Nonintercourse act compliance.--This subsection--
                    (A) provides congressional authorization for the 
                lease, contracting, and transfer of any water right 
                described in paragraph (1)(A); and
                    (B) is deemed to fulfill any requirement that may 
                be imposed by the provisions of section 2116 of the 
                Revised Statutes (25 U.S.C. 177).
            (4) Forfeiture.--The nonuse of a water right of the Nation 
        by a lessee or contractor to the Nation under this subsection 
        shall not result in forfeiture, abandonment, relinquishment, or 
        other loss of any part of a right decreed to the Nation under 
        the Contract or this section.
    (e) Hydrographic Survey.--
            (1) Preparation.--The Secretary, on behalf of the United 
        States, shall prepare a hydrographic survey under the joint 
        supervision of the Secretary and the State of New Mexico 
        (acting through the New Mexico State Engineer) to identify and 
        quantify any historic or existing diversion or use of water 
        (including from surface water and underground water sources) by 
        the Nation or a member of the Nation from the San Juan River 
        Basin in the State of New Mexico, as described in subparagraph 
        4.2 of the Agreement.
            (2) Authorization of appropriations.--
                    (A) In general.--Subject to subparagraph (B), there 
                is authorized to be appropriated to the Bureau of 
                Indian Affairs to carry out paragraph (1) $5,000,000 
                for the period of fiscal years 2008 through 2013.
                    (B) Adjustment.--The amounts made available under 
                subparagraph (A) shall be adjusted by such amounts as 
                are necessary to account for increases in the costs of 
                preparing a hydrographic survey after January 1, 2004, 
                as determined using cost indices applicable to the 
                types of technical and engineering work involved in 
                preparing the hydrographic survey.
                    (C) Nonreimbursable expenditures.--Any amounts made 
                available under this paragraph shall be nonreimbursable 
                to the United States.
    (f) Nullification.--
            (1) Deadlines.--
                    (A) In general.--In carrying out this section, the 
                following deadlines apply with respect to 
                implementation of the Agreement:
                            (i) Agreement.--Not later than December 31, 
                        2008, the Secretary shall execute the 
                        Agreement.
                            (ii) Contract.--Not later than December 31, 
                        2009, the Secretary and the Nation shall 
                        execute the Contract.
                            (iii) Partial final decree.--Not later than 
                        December 31, 2012, the court in the stream 
                        adjudication shall have entered the Partial 
                        Final Decree described in paragraph 3.0 of the 
                        Agreement.
                            (iv) Hydrographic survey.--Not later than 
                        December 31, 2013, the Secretary shall complete 
                        the hydrographic survey described in subsection 
                        (e).
                            (v) Fruitland-cambridge irrigation 
                        project.--Not later than December 31, 2014, the 
                        rehabilitation construction of the Fruitland-
                        Cambridge Irrigation Project authorized under 
                        section 307(a)(1) shall be completed.
                            (vi) Supplemental partial final decree.--
                        Not later than December 31, 2015, the court in 
                        the stream adjudication shall enter the 
                        Supplemental Partial Final Decree described in 
                        subparagraph 4.0 of the Agreement.
                            (vii) Hogback-cudei irrigation project.--
                        Not later than December 31, 2017, the 
                        rehabilitation construction of the Hogback-
                        Cudei Irrigation Project authorized under 
                        section 307(a)(2) shall be completed.
                            (viii) Trust fund.--Not later than December 
                        31, 2018, the United States shall make all 
                        deposits into the Trust Fund under section 402.
                            (ix) Northwestern new mexico rural water 
                        supply project.--Not later than December 31, 
                        2022, the construction of all Project 
                        facilities shall be completed.
                            (x) Conjunctive wells.--Not later than 
                        December 31, 2018, the funds authorized to be 
                        appropriated under section 308(b)(1) for the 
                        conjunctive use wells authorized under section 
                        306(b) should be appropriated.
                    (B) Extension.--A deadline described in 
                subparagraph (A) may be extended if the Nation, the 
                United States (acting through the Secretary), and the 
                State of New Mexico (acting through the New Mexico 
                Interstate Stream Commission) agree that an extension 
                is reasonably necessary.
            (2) Revocability of agreement, contract and 
        authorizations.--
                    (A) Petition.--If the Nation determines that a 
                deadline described in paragraph (1)(A) is not 
                substantially met, the Nation may submit to the court 
                in the stream adjudication a petition to enter an order 
                terminating the Agreement and Contract.
                    (B) Termination.--On issuance of an order to 
                terminate the Agreement and Contract under subparagraph 
                (A)--
                            (i) the Trust Fund shall be terminated;
                            (ii) the balance of the Trust Fund shall be 
                        deposited in the general fund of the Treasury;
                            (iii) the authorizations for construction 
                        and rehabilitation of water projects under this 
                        Act shall be revoked and any Federal activity 
                        related to that construction and rehabilitation 
                        shall be suspended; and
                            (iv) this title and titles I and III shall 
                        be null and void.
            (3) Conditions not causing nullification of settlement.--
                    (A) In general.--If a condition described in 
                subparagraph (B) occurs, the Agreement and Contract 
                shall not be nullified or terminated.
                    (B) Conditions.--The conditions referred to in 
                subparagraph (A) are as follows:
                            (i) A lack of right to divert at the 
                        capacities of conjunctive use wells constructed 
                        or rehabilitated under section 306.
                            (ii) A failure--
                                    (I) to determine or resolve an 
                                accounting of the use of water under 
                                this Act in the State of Arizona;
                                    (II) to obtain a necessary water 
                                right for the consumptive use of water 
                                in Arizona;
                                    (III) to contract for the delivery 
                                of water for use in Arizona; or
                                    (IV) to construct and operate a 
                                lateral facility to deliver water to a 
                                community of the Nation in Arizona, 
                                under the Project.
            (4) Rights of the nation.--A tribal right under the 
        Contract, a water right adjudicated consistent with the 
        Contract in the stream adjudication by the Partial Final Decree 
        described in paragraph 3.0 of the Agreement, and any other 
        tribal water right stipulated, adjudicated, or decreed as 
        described in the Agreement and this Act shall be held in trust 
        by the United States in perpetuity for the benefit of the 
        Nation.
    (g) Effect on Rights of Indian Tribes.--
            (1) In general.--Except as provided in paragraph (2), 
        nothing in the Agreement, the Contract, or this section 
        quantifies or adversely affects the land and water rights, or 
        claims or entitlements to water, of any Indian tribe or 
        community other than the rights, claims, or entitlements of the 
        Nation in, to, and from the San Juan River Basin in the State 
        of New Mexico.
            (2) Exception.--The right of the Nation to use water under 
        water rights the Nation has in other river basins in the State 
        of New Mexico shall be forborne to the extent that the Nation 
        supplies the uses for which the water rights exist by 
        diversions of water from the San Juan River Basin under the 
        Project consistent with subparagraph 9.13 of the Agreement.

SEC. 402. TRUST FUND.

    (a) Establishment.--There is established in the Treasury a fund to 
be known as the ``Navajo Nation Water Resources Development Trust 
Fund'', consisting of--
            (1) such amounts as are appropriated to the Trust Fund 
        under subsection (f); and
            (2) any interest earned on investment of amounts in the 
        Trust Fund under subsection (d).
    (b) Use of Funds.--The Nation may use amounts in the Trust Fund--
            (1) to investigate, construct, operate, maintain, or 
        replace water project facilities, including facilities conveyed 
        to the Nation under this Act; and
            (2) to investigate, implement, or improve a water 
        conservation measure (including a metering or monitoring 
        activity) necessary for the Nation to make use of a water right 
        of the Nation under the Agreement.
    (c) Management.--The Secretary shall manage the Trust Fund, invest 
amounts in the Trust Fund, and make amounts available from the Trust 
Fund for distribution to the Nation in accordance with the American 
Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et 
seq.).
    (d) Investment of the Trust Fund.--The Secretary shall invest 
amounts in the Trust Fund in accordance with--
            (1) the Act of April 1, 1880 (25 U.S.C. 161);
            (2) the first section of the Act of June 24, 1938 (25 
        U.S.C. 162a); and
            (3) the American Indian Trust Fund Management Reform Act of 
        1994 (25 U.S.C. 4001 et seq.).
    (e) Conditions for Expenditures and Withdrawals.--
            (1) Tribal management plan.--
                    (A) In general.--Subject to paragraph (7), on 
                approval by the Secretary of a tribal management plan 
                in accordance with the American Indian Trust Fund 
                Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), 
                the Nation may withdraw all or a portion of the amounts 
                in the Trust Fund.
                    (B) Requirements.--In addition to any requirements 
                under the American Indian Trust Fund Management Reform 
                Act of 1994 (25 U.S.C. 4001 et seq.), the tribal 
                management plan shall require that the Nation only use 
                amounts in the Trust Fund for the purposes described in 
                subsection (b).
            (2) Enforcement.--The Secretary may take judicial or 
        administrative action to enforce the provisions of any tribal 
        management plan to ensure that any amounts withdrawn from the 
        Trust Fund are used in accordance with this Act.
            (3) No liability.--Neither the Secretary nor the Secretary 
        of the Treasury shall be liable for the expenditure or 
        investment of any amounts withdrawn from the Trust Fund by the 
        Nation.
            (4) Expenditure plan.--
                    (A) In general.--The Nation shall submit to the 
                Secretary for approval an expenditure plan for any 
                portion of the amounts in the Trust Fund made available 
                under this section that the Nation does not withdraw 
                under this subsection.
                    (B) Description.--The expenditure plan shall 
                describe the manner in which, and the purposes for 
                which, funds of the Nation remaining in the Trust Fund 
                will be used.
                    (C) Approval.--On receipt of an expenditure plan 
                under subparagraph (A), the Secretary shall approve the 
                plan if the Secretary determines that the plan is 
                reasonable and consistent with this Act.
            (5) Annual report.--The Nation shall submit to the 
        Secretary an annual report that describes any expenditures from 
        the Trust Fund during the year covered by the report.
            (6) Limitation.--No portion of the amounts in the Trust 
        Fund shall be distributed to any Nation member on a per capita 
        basis.
            (7) Conditions.--Any amount authorized to be appropriated 
        to the Trust Fund under subsection (f) shall not be available 
        for expenditure or withdrawal--
                    (A) before December 31, 2018; and
                    (B) until the date on which the court in the stream 
                adjudication has entered--
                            (i) the Partial Final Decree described in 
                        paragraph 3.0 of the Agreement; and
                            (ii) the Supplemental Partial Final Decree 
                        described in paragraph 4.0 of the Agreement.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated for deposit in the Trust Fund--
            (1) $6,000,000 for each of fiscal years 2008 through 2012; 
        and
            (2) $4,000,000 for each of fiscal years 2013 through 2017.

SEC. 403. WAIVERS AND RELEASES.

    (a) Execution.--The Nation, on behalf of itself and members of the 
Nation (other than members in their capacity as allottees), and the 
United States, acting through the Secretary and in its capacity as 
trustee for the Nation, shall execute waivers and releases in 
accordance with paragraph 7.0 of the Agreement.
    (b) Reservation.--Notwithstanding subsection (a), the Nation and 
its members (including members in their capacity as allottees) and the 
United States, as trustee for the Nation and allottees, shall retain 
the rights and claims specified in paragraph 7.0 of the Agreement.
    (c) Effective Date.--
            (1) In general.--The waivers and releases described in 
        subsection (a) shall be effective on the date on which the 
        Secretary publishes in the Federal Register a statement of 
        findings documenting that each of the deadlines described in 
        section 401(f)(1) have been met.
            (2) Deadline.--If the deadlines in section 401(f)(1)(A) 
        have not been met by the later of March 1, 2023, or the date of 
        any extension under section 401(f)(1)(B)--
                    (A) the waivers and releases described in 
                subsection (a) shall be of no effect; and
                    (B) section 401(f)(2)(B) shall apply.
                                 <all>
```