I 
119TH CONGRESS 
1ST SESSION H. R. 1482 
To amend the Northwestern New Mexico Rural Water Projects Act to make 
improvements to that Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 21, 2025 
Ms. LEGER FERNANDEZ (for herself and Ms. STANSBURY) introduced the 
following bill; which was referred to the Committee on Natural Resources 
A BILL 
To amend the Northwestern New Mexico Rural Water 
Projects Act to make improvements to that Act, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Navajo-Gallup Water 
Supply Project Amendments Act of 2025’’. 
SEC. 2. DEFINITIONS. 
Section 10302 of the Northwestern New Mexico 
Rural Water Projects Act (43 U.S.C. 407 note; Public 
Law 111–11) is amended— 
(1) by striking paragraph (29); 
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(2) by redesignating paragraphs (12), (13), 
(14), (15), (16), (17), (18), (19), (20), (21), (22), 
(23), (24), (25), (26), (27), (28), and (30) as para-
graphs (13), (14), (15), (16), (17), (18), (19), (20), 
(21), (22), (23), (24), (25), (27), (28), (30), (31), 
and (32), respectively; 
(3) by inserting after paragraph (11) the fol-
lowing: 
‘‘(12) DEFERRED CONSTRUCTION FUND.—The 
term ‘Deferred Construction Fund’ means the Nav-
ajo Nation’s Navajo-Gallup Water Supply Project 
Deferred Construction Fund established by section 
10602(i)(1)(A).’’; 
(4) in paragraph (14) (as so redesignated)— 
(A) in the paragraph heading, by striking 
‘‘DRAFT’’ and inserting ‘‘FINAL
ENVIRON-
MENTAL’’; 
(B) by striking ‘‘Draft Impact’’ and insert-
ing ‘‘Final Environmental’’; 
(C) by striking ‘‘draft environmental’’ and 
inserting ‘‘final environmental’’; and 
(D) by striking ‘‘March 2007’’ and insert-
ing ‘‘July 6, 2009’’; 
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(5) in paragraph (19) (as so redesignated), by 
striking ‘‘Draft’’ and inserting ‘‘Final Environ-
mental’’; 
(6) by inserting after paragraph (25) (as so re-
designated) the following: 
‘‘(26) PROJECT
SERVICE
AREA.—The term 
‘Project Service Area’ means the area that encom-
passes the 43 Nation chapters, the southwest por-
tion of the Jicarilla Apache Reservation, and the 
City that is identified to be served by the Project, 
as illustrated in figure IV–5 (Drawing No. 1695– 
406–49) of the Final Environmental Impact State-
ment.’’; 
(7) by inserting after paragraph (28) (as so re-
designated) the following: 
‘‘(29) SETTLEMENT TRUST FUNDS.—The term 
‘Settlement Trust Funds’ means— 
‘‘(A) the Navajo Nation Water Resources 
Development Trust Fund established by sub-
section (a)(1) of section 10702; 
‘‘(B) the Navajo Nation Operations, Main-
tenance, and Replacement Trust Fund estab-
lished under subsection (b)(1) of that section; 
and 
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(C) in paragraph (1) (as so designated), by 
striking ‘‘Draft Impact Statement’’ and insert-
ing ‘‘Final Environmental Impact Statement, as 
further refined in, and including the facilities 
identified in, the Working Cost Estimate and 
any subsequent supplemental documents pre-
pared in accordance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).’’; and 
(D) by adding at the end the following: 
‘‘(2) ADDITIONAL SERVICE AREAS.— 
‘‘(A) FINDINGS.—Congress finds that— 
‘‘(i) expanding the Project Service 
Area would create opportunities to increase 
service for additional Nation Tribal mem-
bers and would not increase the cost of the 
Project beyond authorization levels de-
scribed in section 10609(a); and 
‘‘(ii) the unit operations and mainte-
nance costs of the Project would be re-
duced by adding more customers to the 
Project. 
‘‘(B) AUTHORIZATIONS
FOR
ADDITIONAL 
PROJECT SERVICE AREAS.— 
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‘‘(i) NEW MEXICO.—In addition to de-
livering water supply from the Project to 
the Nation communities in the San Juan 
River Basin, the Nation may expand the 
Project Service Area in order to deliver 
water supply from the Project to commu-
nities of the Nation within the Rio San 
Jose Basin, New Mexico. 
‘‘(ii) ARIZONA.—In addition to deliv-
ering water supply from the Project to the 
Nation communities of Fort Defiance and 
Window Rock, Arizona, and subject to sec-
tion 10603(c)(1), the Nation may expand 
the Project Service Area in order to deliver 
water supply from the Project to the Na-
tion community of Lupton, Arizona, within 
the Little Colorado River Basin, Arizona.’’; 
(2) in subsection (b)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by inserting ‘‘acquire,’’ before 
‘‘construct,’’; and 
(ii) by striking ‘‘Draft Impact State-
ment’’ and inserting ‘‘Final Environmental 
Impact Statement, as further refined in, 
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and including the facilities identified in, 
the Working Cost Estimate and any subse-
quent supplemental documents prepared in 
accordance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 
4321 et seq.)’’; 
(B) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) The water conveyance and storage facili-
ties associated with the San Juan Generating Sta-
tion (the coal-fired, 4-unit electric power plant and 
ancillary features located by the San Juan Mine 
near Waterflow, New Mexico), including the diver-
sion dam, the intake structure, the river pumping 
plant, the pipeline from the river to the reservoir, 
the dam and associated reservoir, and any associated 
land, or interest in land, or ancillary features.’’; 
(C) in paragraph (2)(A)— 
(i) by striking ‘‘River near Kirtland, 
New Mexico,’’ and inserting ‘‘Generating 
Station Reservoir’’; and 
(ii) by inserting ‘‘generally’’ before 
‘‘follows United States Highway 491’’; 
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(D) in paragraph (3)(A), by inserting 
‘‘generally’’ before ‘‘follows United States High-
way 550’’; and 
(E) in paragraph (5), by inserting ‘‘(in-
cluding any reservoir facility)’’ after ‘‘treatment 
facility’’; 
(3) in subsection (c)— 
(A) in the subsection heading, by inserting 
‘‘AND FACILITIES’’ after ‘‘LAND’’; 
(B) in paragraph (1), by striking ‘‘any 
land or interest in land that is’’ and inserting 
‘‘any land or facilities, or interest in land or fa-
cilities, that are’’; and 
(C) by adding at the end the following: 
‘‘(4) LAND TO BE TAKEN INTO TRUST.— 
‘‘(A) IN GENERAL.—On satisfaction of the 
conditions described in paragraph (7) of the 
Agreement and after the requirements of sec-
tions 10701(e) and 10703 are met, the Sec-
retary shall take legal title to the following land 
and, subject to subparagraph (D), hold that 
land in trust for the benefit of the Nation: 
‘‘(i) Fee land of the Nation, includ-
ing— 
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‘‘(I) the parcels of land on which 
the Tohlakai Pumping Plant, Reach 
12A and Reach 12B, are located, in-
cluding, in McKinley County, New 
Mexico— 
‘‘(aa) sec. 5, T. 16 N., R. 18 
W., New Mexico Prime Meridian; 
and 
‘‘(bb) sec. 33, T. 17 N., R. 
17 W., New Mexico Prime Merid-
ian (except lot 9 and the NW1⁄4 
of lot 4); 
‘‘(II) the parcel of land on which 
Reach 12.1 is located, including— 
‘‘(aa) NW1⁄4 and SW1⁄4 sec. 
5, T. 16 N., R. 18 W.; 
‘‘(bb) N1⁄2 sec. 11, T. 16 N., 
R. 19 W.; and 
‘‘(cc) sec. 12, T. 16 N., R. 
20 W.; and 
‘‘(III) the parcel of land on which 
Reach 12.2 is located, including 
NW1⁄4. sec. 2, T. 16 N., R. 21 W. 
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‘‘(ii) Public domain land managed by 
the Bureau of Land Management, includ-
ing— 
‘‘(I) the parcel of land on which 
the Cutter Lateral Water Treatment 
Plant is located, including S1⁄2 sec. 9, 
T. 25 N., R. 9 W., New Mexico Prime 
Meridian; and 
‘‘(II) the parcel of land on which 
the Navajo Agricultural Products In-
dustry turnout is located, including 
NW1⁄4 and NE1⁄4 sec. 34, T. 26 N., 
R. 9 W., New Mexico Prime Meridian. 
‘‘(iii) The land underlying the San 
Juan Generating Station (the coal-fired, 4- 
unit electric power plant and ancillary fea-
tures located by the San Juan Mine near 
Waterflow, New Mexico) acquired by the 
United States, as described in subsection 
(b)(1). 
‘‘(B) PART OF NAVAJO NATION.—The land 
taken into trust under subparagraph (A) shall 
be part of the Navajo Reservation and adminis-
tered in accordance with the laws and regula-
tions generally applicable to land held in trust 
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‘‘(I) IN GENERAL.—The land un-
derlying the San Juan Generating 
Station (the coal-fired, 4-unit electric 
power plant and ancillary features lo-
cated by the San Juan Mine near Wa-
terflow, New Mexico) taken into trust 
under subparagraph (A)(iii) shall be 
subject to a perpetual easement on 
and over all of the land underlying the 
San Juan Generating Station reserved 
to the United States for use by the 
Bureau of Reclamation and its con-
tractors and assigns— 
‘‘(aa) for ingress and egress; 
‘‘(bb) to continue construc-
tion of the Project; and 
‘‘(cc) 
for 
operation 
and 
maintenance of Project facilities 
located on that land. 
‘‘(II) 
RESERVED
PERPETUAL 
EASEMENT.—The reserved perpetual 
easement described in subclause (I) 
shall remain vested in the United 
States unless title to the Project fa-
cilities and appropriate interests in 
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land are conveyed pursuant to sub-
section (f). 
‘‘(III) RESERVED
FEDERAL
FA-
CILITIES.—The United States shall 
retain ownership of the San Juan 
Generating Station (the coal-fired, 4- 
unit electric power plant and ancillary 
features located by the San Juan 
Mine near Waterflow, New Mexico) 
water conveyance and storage facili-
ties when the underlying land is taken 
into trust under subparagraph (A)(iii) 
and title to those facilities shall re-
main vested in the United States un-
less title to those facilities are con-
veyed pursuant to subsection (f). 
‘‘(D) SAVINGS CLAUSE.—Nothing in this 
paragraph affects any— 
‘‘(i) water right of the Nation in exist-
ence on the day before the date of enact-
ment of the Navajo-Gallup Water Supply 
Project Amendments Act of 2025; and 
‘‘(ii) right or claim of the Nation to 
any land or interest in land in existence on 
the day before the date of enactment of the 
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Navajo-Gallup 
Water 
Supply 
Project 
Amendments Act of 2025.’’; 
(4) in subsection (d)(1)(D), by striking ‘‘Draft’’ 
and inserting ‘‘Final Environmental’’; 
(5) in subsection (e)— 
(A) by striking ‘‘The Secretary’’ and in-
serting the following: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(2) 
RENEWABLE
ENERGY
AND
HYDRO-
ELECTRIC POWER.— 
‘‘(A) RENEWABLE ENERGY.—For any por-
tion of the Project that does not have access to 
Colorado River Storage Project power, the Sec-
retary may use not more than $6,250,000 of 
the amounts made available under section 
10609(a)(1) to develop renewable energy. 
‘‘(B) HYDROELECTRIC POWER.—Notwith-
standing whether a Project facility has access 
to Colorado River Storage Project power, the 
Secretary may use not more than $1,250,000 of 
the $6,250,000 authorized to be used to develop 
renewable energy under subparagraph (A) to 
develop hydroelectric power for any Project fa-
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cility that can use hydraulic head to produce 
electricity.’’; 
(6) in subsection (h)(1), in the matter pre-
ceding subparagraph (A), by inserting ‘‘, store,’’ 
after ‘‘treat’’; and 
(7) by adding at the end the following: 
‘‘(i) DEFERRED CONSTRUCTION OF PROJECT FA-
CILITIES.— 
‘‘(1) DEFERRED
CONSTRUCTION
OF
PROJECT 
FACILITIES.—On mutual agreement between the Na-
tion and the Secretary, and the Jicarilla Apache Na-
tion if the deferred Project facilities benefit the 
Jicarilla Apache Nation, construction of selected 
Project facilities may be deferred to save operation 
and maintenance expenses associated with that con-
struction. 
‘‘(2) DEFERRED CONSTRUCTION FUND.— 
‘‘(A) ESTABLISHMENT.—There is estab-
lished in the Treasury a fund, to be known as 
the ‘Navajo Nation’s Navajo-Gallup Water Sup-
ply Project Deferred Construction Fund’, to 
consist of— 
‘‘(i) amounts that correspond to por-
tions of the Project that have been de-
ferred under paragraph (1); and 
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‘‘(ii) any interest or other gains on 
amounts referred to in clause (i). 
‘‘(B) USE OF THE DEFERRED CONSTRUC-
TION FUND.—The Nation may use amounts in 
the Deferred Construction Fund— 
‘‘(i) to construct Project facilities that 
have been deferred under paragraph (1); 
or 
‘‘(ii) to construct alternate facilities 
agreed on under subparagraph (C). 
‘‘(C) ALTERNATE FACILITIES CONSISTENT 
WITH
THE
PURPOSE
OF
THE
PROJECT.—On 
agreement between the Nation and the Sec-
retary, and the Jicarilla Apache Nation if the 
deferred Project facilities benefit the Jicarilla 
Apache Nation, and in compliance with all ap-
plicable environmental and cultural resource 
protection laws, facilities other than those pre-
viously agreed to be deferred under paragraph 
(1) may be constructed if those alternate facili-
ties are consistent with the purposes of the 
Project described in section 10601. 
‘‘(3) AMOUNTS TO BE DEPOSITED.—Funds allo-
cated from the amounts made available under sec-
tion 10609(a)(1) to build facilities referred to in 
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paragraph (1) shall be deposited into the Deferred 
Construction Fund. 
‘‘(4) ADJUSTMENTS.—On deposit of amounts 
into the Deferred Construction Fund under para-
graph (3), the adjustments to authorized appropria-
tions under section 10609(a)(2) shall no longer 
apply to those amounts. 
‘‘(5) DEADLINE TO CONSTRUCT PROJECT FA-
CILITIES.—On deposit of all amounts into the De-
ferred Construction Fund for construction of Project 
facilities agreed on under paragraph (1), the Sec-
retary shall be deemed to have met the obligation 
under section 10701(e)(1)(A)(ix). 
‘‘(6) FUTURE CONSTRUCTION OF PROJECT FA-
CILITIES.—On agreement between the Nation and 
the Secretary, and the Jicarilla Apache Nation if the 
deferred Project facilities benefit the Jicarilla 
Apache Nation, the Nation shall use amounts depos-
ited into the Deferred Construction Fund to con-
struct— 
‘‘(A) Project facilities deferred under para-
graph (1); or 
‘‘(B) alternate Project facilities described 
in paragraph (2)(C).’’. 
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(b) DELIVERY AND USE OF NAVAJO-GALLUP WATER 
SUPPLY PROJECT WATER.—Section 10603 of the North-
western New Mexico Rural Water Projects Act (Public 
Law 111–11; 123 Stat. 1382) is amended— 
(1) in subsection (a)(3)(B)— 
(A) in clause (i), by inserting ‘‘or, if gen-
erated on City-owned facilities, by the City’’ 
after ‘‘the Nation’’; and 
(B) in clause (ii), by inserting ‘‘, except 
that the City shall retain all revenue from the 
sale of hydroelectric power that is generated on 
City-owned 
facilities’’ 
after 
‘‘hydroelectric 
power’’; and 
(2) in subsection (g)(2), by striking ‘‘, except as 
provided in section 10604(f)’’. 
(c) PROJECT CONTRACTS.—Section 10604 of the 
Northwestern New Mexico Rural Water Projects Act 
(Public Law 111–11; 123 Stat. 1388) is amended— 
(1) in subsection (a)(4), by striking ‘‘Subject to 
subsection (f), the’’ and inserting ‘‘The’’; 
(2) in subsection (b)(3)— 
(A) in subparagraph (A), by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraphs 
(B) and (C)’’; 
(B) in subparagraph (B)— 
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(i) in the subparagraph heading, by 
striking ‘‘MINIMUM PERCENTAGE’’ and in-
serting ‘‘MAXIMUM PERCENTAGE’’; 
(ii) by striking ‘‘at least 25 percent’’ 
and inserting ‘‘not more than 25 percent’’; 
and 
(iii) by striking ‘‘, but shall in no 
event exceed 35 percent’’; and 
(C) by adding at the end the following: 
‘‘(C) 
MAXIMUM
REPAYMENT
OBLIGA-
TION.—The repayment obligation of the City 
referred to in subparagraphs (A) and (B) shall 
not exceed $76,000,000.’’; 
(3) in subsection (c)(1)(B), by inserting ‘‘sub-
section (f) and’’ before ‘‘section 10603(g)’’; 
(4) in subsection (d)(1), by striking ‘‘Draft’’ 
and inserting ‘‘Final Environmental’’; 
(5) in subsection (e), by striking ‘‘Draft’’ and 
inserting ‘‘Final Environmental’’; 
(6) by striking subsection (f); and 
(7) by redesignating subsection (g) as sub-
section (f). 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 
10609 of the Northwestern New Mexico Rural Water 
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Projects Act (Public Law 111–11; 123 Stat. 1395; 129 
Stat. 528) is amended— 
(1) in subsection (a)— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$870,000,000 for the period of fiscal years 
2009 
through 
2024’’ 
and 
inserting 
‘‘$2,175,000,000 for the period of fiscal years 
2009 through 2029’’; 
(B) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) ADJUSTMENTS.— 
‘‘(A) IN
GENERAL.—The amount under 
paragraph (1) shall be adjusted by such 
amounts as may be required— 
‘‘(i) by reason of changes since Octo-
ber 2022 in construction cost changes in 
applicable regulatory standards, as indi-
cated by engineering cost indices applicable 
to the types of construction involved; and 
‘‘(ii) to address construction cost 
changes necessary to account for unfore-
seen market volatility that may not other-
wise be captured by engineering cost indi-
ces described in clause (i), as determined 
by the Secretary, including repricing appli-
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cable to the types of construction and cur-
rent industry standards involved. 
‘‘(B) DEFERRED CONSTRUCTION FUND.— 
Amounts deposited in the Deferred Construc-
tion Fund shall not be adjusted pursuant to 
this paragraph.’’; and 
(C) in paragraph (4)(B), by striking ‘‘10 
years’’ and inserting ‘‘15 years’’; and 
(2) in subsection (b)— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$30,000,000, as adjusted under paragraph 
(3), for the period of fiscal years 2009 through 
2019’’ and inserting ‘‘$37,500,000, as adjusted 
under paragraph (3), for the period of fiscal 
years 2009 through 2032’’; 
(B) in paragraph (2), by striking ‘‘2024’’ 
and inserting ‘‘2032’’; and 
(C) in paragraph (3), by striking ‘‘The 
amount under paragraph (1)’’ and inserting 
‘‘The amount under paragraphs (1) and (2)’’. 
(e) TAXATION OF CONSTRUCTION, OPERATION, AND 
MAINTENANCE OF PROJECT FACILITIES.— 
(1) IN
GENERAL.—Part III of the North-
western New Mexico Rural Water Projects Act 
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(Public Law 111–11; 123 Stat. 1379) is amended by 
adding at the end the following: 
‘‘SEC. 10610. TAXATION OF CONSTRUCTION, OPERATION, 
AND MAINTENANCE OF PROJECT FACILITIES. 
‘‘(a) NATION LAND.—Any activity constituting the 
construction, operation, or maintenance of Project facili-
ties— 
‘‘(1) shall, if the activity takes place on land 
that is held in trust by the United States for the 
benefit of the Nation, be subject to taxation by the 
Nation; and 
‘‘(2) shall not be subject to any fee, tax, assess-
ment, levy, or other charge imposed by any State or 
political subdivision of a State. 
‘‘(b) OTHER LAND.—Any activity constituting the 
construction, operation, or maintenance of Project facili-
ties— 
‘‘(1) shall, if the activity takes place on land 
other than the land described in subsection (a)(1), 
be subject to taxation by the State in which the land 
is located, or by a political subdivision of that State 
to the extent authorized by the laws of that State; 
and 
‘‘(2) shall not be subject to any fee, tax, assess-
ment, levy, or other charge imposed by the Nation.’’. 
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(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Omnibus Public Land 
Management Act of 2009 (Public Law 111–11; 123 
Stat. 991) is amended by inserting after the item re-
lating to section 10609 the following: 
‘‘Sec. 10610. Taxation of construction, operation, and maintenance of Project 
facilities.’’. 
SEC. 4. NAVAJO NATION WATER RIGHTS. 
(a) AGREEMENT.—Section 10701(e) of the North-
western New Mexico Rural Water Projects Act (Public 
Law 111–11; 123 Stat. 1400; 129 Stat. 528) is amend-
ed— 
(1) in paragraph (1)(A)— 
(A) by striking clause (vii) and inserting 
the following: 
‘‘(vii) NAVAJO
NATION
WATER
RE-
SOURCES DEVELOPMENT TRUST FUND.— 
Not later than December 31, 2019, the 
United States shall make all deposits into 
the Navajo Nation Water Resources Devel-
opment Trust Fund established by section 
10702(a)(1).’’; 
(B) in clause (viii), by striking ‘‘2019’’ and 
inserting ‘‘2032’’; 
(C) in clause (ix), by striking ‘‘2024’’ and 
inserting ‘‘2029’’; and 
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(D) by adding at the end the following: 
‘‘(x) 
DEFERRED
CONSTRUCTION 
FUND.— 
‘‘(I) IN
GENERAL.—Not later 
than December 31, 2029, the United 
States shall make all deposits into the 
Deferred Construction Fund in ac-
cordance with section 10602(i)(3). 
‘‘(II) PROJECT
DEADLINE.—On 
deposit of the amounts into the De-
ferred Construction Fund under sub-
clause (I), even if certain Project fa-
cilities have not yet been constructed, 
the Secretary shall be deemed to have 
met the deadline described in clause 
(ix).’’; and 
(2) in paragraph (2)(B)— 
(A) in clause (i), by striking ‘‘Trust Fund’’ 
and inserting ‘‘Settlement Trust Funds’’; and 
(B) in clause (ii), by striking ‘‘Trust 
Fund’’ 
and 
inserting 
‘‘Settlement 
Trust 
Funds’’. 
(b) SETTLEMENT TRUST FUNDS.— 
(1) IN GENERAL.—Section 10702 of the North-
western New Mexico Rural Water Projects Act 
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(Public Law 111–11; 123 Stat. 1402) is amended to 
read as follows: 
‘‘SEC. 10702. SETTLEMENT TRUST FUNDS. 
‘‘(a) NAVAJO NATION WATER RESOURCES DEVELOP-
MENT TRUST FUND.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Treasury a fund, to be known as the ‘Navajo 
Nation Water Resources Development Trust Fund’, 
consisting of— 
‘‘(A) such amounts as are appropriated to 
the Navajo Nation Water Resources Develop-
ment Trust Fund under paragraph (5); and 
‘‘(B) any interest earned on investment of 
amounts in the Navajo Nation Water Resources 
Development Trust Fund under paragraph (3). 
‘‘(2) USE
OF
FUNDS.—The Nation may use 
amounts in the Navajo Nation Water Resources De-
velopment Trust Fund— 
‘‘(A) to investigate, construct, operate, 
maintain, or replace water project facilities, in-
cluding facilities conveyed to the Nation under 
this subtitle and facilities owned by the United 
States for which the Nation is responsible for 
operation, maintenance, and replacement costs; 
and 
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‘‘(B) to investigate, implement, or improve 
a water conservation measure (including a me-
tering or monitoring activity) necessary for the 
Nation to make use of a water right of the Na-
tion under the Agreement. 
‘‘(3) INVESTMENT.—Beginning on October 1, 
2019, the Secretary shall invest amounts in the Nav-
ajo Nation Water Resources Development Trust 
Fund in accordance with subsection (e). 
‘‘(4) INVESTMENT EARNINGS.—Any investment 
earnings, including interest, credited to amounts 
held in the Navajo Nation Water Resources Develop-
ment Trust Fund are authorized to be used in ac-
cordance with paragraph (2). 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated for deposit 
in the Navajo Nation Water Resources Development 
Trust Fund— 
‘‘(A) $6,000,000 for each of fiscal years 
2010 through 2014; and 
‘‘(B) $4,000,000 for each of fiscal years 
2015 through 2019. 
‘‘(6) AVAILABILITY.—Any amount authorized to 
be appropriated to the Navajo Nation Water Re-
sources Development Trust Fund under paragraph 
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(5) shall not be available for expenditure or with-
drawal— 
‘‘(A) before December 31, 2019; and 
‘‘(B) until the date on which the court in 
the stream adjudication has entered— 
‘‘(i) the Partial Final Decree; and 
‘‘(ii) the Supplemental Partial Final 
Decree. 
‘‘(7) MANAGEMENT.—The Secretary shall man-
age the Navajo Nation Water Resources Develop-
ment Trust Fund in accordance with subsection (d). 
‘‘(8) CONDITIONS
FOR
EXPENDITURE
AND 
WITHDRAWAL.—After the funds become available 
pursuant to paragraph (6), all expenditures and 
withdrawals by the Nation of funds in the Navajo 
Nation Water Resources Development Trust Fund 
must comply with the requirements of subsection (f). 
‘‘(b) NAVAJO NATION OPERATIONS, MAINTENANCE, 
AND REPLACEMENT TRUST FUND.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a trust fund to be known as the ‘Navajo Na-
tion Operations, Maintenance, and Replacement 
Trust Fund’ for the purposes set forth in paragraph 
(2), to be managed, invested, and distributed by the 
Secretary, and to remain available until expended, 
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withdrawn, or reverted to the general fund of the 
Treasury, consisting of the amounts deposited in the 
trust fund under paragraph (3), together with any 
interests earned on those amounts under paragraph 
(4). 
‘‘(2) USE
OF
FUNDS.—The Nation may use 
amounts in the Navajo Nation Operations, Mainte-
nance, and Replacement Trust Fund to pay oper-
ation, maintenance, and replacement costs of the 
Project allocable to the Nation under section 10604. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated for deposit 
in the Navajo Nation Operations, Maintenance, and 
Replacement Trust Fund $250,000,000. 
‘‘(4) INVESTMENT.—Upon deposit of funding 
into the Navajo Nation Operations, Maintenance, 
and Replacement Trust Fund pursuant to para-
graph (3), the Secretary shall invest amounts depos-
ited in accordance with subsection (e). 
‘‘(5) INVESTMENT EARNINGS.—Any investment 
earnings, including interest, credited to amounts 
held in the Navajo Nation Operations, Maintenance, 
and Replacement Trust Fund are authorized to be 
used in accordance with paragraph (2). 
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‘‘(6) AVAILABILITY.—Any amount authorized to 
be appropriated to the Navajo Nation Operations, 
Maintenance, and Replacement Trust Fund under 
paragraph (3) shall not be available for expenditure 
or withdrawal until the Nation is responsible for 
payment of operation, maintenance, and replacement 
costs as set forth in section 10603(g). 
‘‘(7) FLUCTUATION IN COSTS.— 
‘‘(A) IN GENERAL.—The amounts author-
ized to be appropriated under paragraph (3) 
shall be increased or decreased, as appropriate, 
by such amounts as may be justified by reason 
of ordinary fluctuations in costs occurring after 
October 2022 as indicated by the Bureau of 
Reclamation Operation and Maintenance Cost 
Index. 
‘‘(B) REPETITION.—The adjustment proc-
ess under this subparagraph shall be repeated 
for each subsequent amount appropriated until 
the amount authorized, as adjusted, has been 
appropriated. 
‘‘(C) PERIOD OF INDEXING.—The period 
of indexing adjustment under this subpara-
graph for any increment of funding shall end on 
the date on which the funds are deposited into 
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the Navajo Nation Operations, Maintenance, 
and Replacement Trust Fund. 
‘‘(8) MANAGEMENT.—The Secretary shall man-
age the Navajo Nation Operations, Maintenance, 
and Replacement Trust Fund in accordance with 
subsection (d). 
‘‘(9) CONDITIONS
FOR
EXPENDITURE
AND 
WITHDRAWAL.—All expenditures and withdrawals by 
the Nation of funds in the Navajo Nation Oper-
ations, Maintenance, and Replacement Trust Fund 
must comply with the requirements of subsection (f). 
‘‘(c) JICARILLA
APACHE
NATION
OPERATIONS, 
MAINTENANCE, AND REPLACEMENT TRUST FUND.— 
‘‘(1) PREREQUISITE
TO
ESTABLISHMENT.— 
Prior to establishment of the trust fund under para-
graph (2), the Secretary shall conduct an Ability to 
Pay study to determine what operation, mainte-
nance, and replacement costs of that section of the 
Project serving the Jicarilla Apache Nation are in 
excess of the ability of the Jicarilla Apache Nation 
to pay. 
‘‘(2) ESTABLISHMENT.—Upon completion of 
the Ability to Pay study as set forth in paragraph 
(1), the Secretary shall establish a trust fund to be 
known as the ‘Jicarilla Apache Nation Operations, 
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Maintenance, and Replacement Trust Fund’ for the 
purposes set forth in paragraph (3), to be managed, 
invested, and distributed by the Secretary and to re-
main available until expended, withdrawn, or re-
verted to the general fund of the Treasury, con-
sisting of the amounts deposited in the trust fund 
under paragraph (4), together with any interests 
earned on those amounts under paragraph (5). 
‘‘(3) USE
OF
FUNDS.—The Jicarilla Apache 
Nation may use amounts in the Jicarilla Apache Na-
tion Operations, Maintenance, and Replacement 
Trust Fund to pay operation, maintenance, and re-
placement costs of the Project allocable to the 
Jicarilla Nation under section 10604. 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated for deposit 
in the Jicarilla Apache Nation Operations, Mainte-
nance, and Replacement Trust Fund the amounts 
the Secretary has determined are in excess of the 
ability of the Jicarilla Apache Nation to pay in the 
Ability to Pay study required under paragraph (1) 
up to a maximum of $10,000,000. 
‘‘(5) INVESTMENT.—Upon deposit of funding 
into the Jicarilla Apache Nation Operations, Mainte-
nance, and Replacement Trust Fund pursuant to 
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paragraph (4), the Secretary shall invest amounts in 
the fund in accordance with subsection (e). 
‘‘(6) INVESTMENT EARNINGS.—Any investment 
earnings, including interest, credited to amounts 
held in the Jicarilla Apache Nation Operations, 
Maintenance, and Replacement Trust Fund are au-
thorized to be used in accordance with paragraph 
(3). 
‘‘(7) AVAILABILITY.—Any amount authorized to 
be appropriated to the Jicarilla Apache Nation Op-
erations, Maintenance, and Replacement Trust Fund 
under paragraph (4) shall not be available for ex-
penditure or withdrawal until the Jicarilla Apache 
Nation is responsible for payment of operation, 
maintenance, and replacement costs as set forth in 
section 10603(g). 
‘‘(8) FLUCTUATION IN COSTS.— 
‘‘(A) IN GENERAL.—The amounts author-
ized to be appropriated under paragraph (4) 
shall be increased or decreased, as appropriate, 
by such amounts as may be justified by reason 
of ordinary fluctuations in costs occurring after 
October 2022 as indicated by the Bureau of 
Reclamation Operation and Maintenance Cost 
Index. 
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‘‘(B) REPETITION.—The adjustment proc-
ess under this subparagraph shall be repeated 
for each subsequent amount appropriated until 
the amount authorized, as adjusted, has been 
appropriated. 
‘‘(C) PERIOD OF INDEXING.—The period 
of indexing adjustment under this subpara-
graph for any increment of funding shall end on 
the date on which the funds are deposited into 
the Jicarilla Apache Nation Operations, Mainte-
nance, and Replacement Trust Fund. 
‘‘(9) MANAGEMENT.—The Secretary shall man-
age the Jicarilla Apache Nation Operations, Mainte-
nance, and Replacement Trust Fund in accordance 
with subsection (d). 
‘‘(10) CONDITIONS
FOR
EXPENDITURE
AND 
WITHDRAWAL.—All expenditures and withdrawals by 
the Jicarilla Apache Nation of funds in the Jicarilla 
Apache Nation Operations, Maintenance, and Re-
placement Trust Fund must comply with the re-
quirements of subsection (f). 
‘‘(d) MANAGEMENT.—The Secretary shall manage 
the Settlement Trust Funds, invest amounts in the Settle-
ment Trust Funds pursuant to subsection (e), and make 
amounts available from the Settlement Trust Funds for 
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distribution to the Nation and the Jicarilla Apache Nation 
in accordance with the American Indian Trust Fund Man-
agement Reform Act of 1994 (25 U.S.C. 4001 et seq.). 
‘‘(e) INVESTMENT OF THE TRUST FUNDS.—The Sec-
retary shall invest amounts in the Settlement Trust Funds 
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 Manage-
ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). 
‘‘(f) CONDITIONS FOR EXPENDITURES AND WITH-
DRAWALS.— 
‘‘(1) TRIBAL MANAGEMENT PLAN.— 
‘‘(A) IN GENERAL.—On approval by the 
Secretary of a Tribal management plan in ac-
cordance with the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 
4001 et seq.), the Nation and the Jicarilla 
Apache Nation may withdraw all or a portion of 
the amounts in the Settlement Trust Funds. 
‘‘(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.), a Tribal management 
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plan shall require that the Nation and Jicarilla 
Apache Nation only use amounts in the Settle-
ment Trust Funds for the purposes described in 
subsection (a)(2), (b)(2), or (c)(3), as applica-
ble. 
‘‘(2) ENFORCEMENT.—The Secretary may take 
judicial or administrative action to enforce the provi-
sions of any Tribal management plan to ensure that 
any amounts withdrawn from the Settlement Trust 
Funds are used in accordance with this subtitle. 
‘‘(3) NO LIABILITY.—The Secretary or the Sec-
retary of the Treasury shall not be liable for the ex-
penditure or investment of any amounts withdrawn 
from the Settlement Trust Funds by the Nation or 
the Jicarilla Apache Nation. 
‘‘(4) EXPENDITURE PLAN.— 
‘‘(A) IN
GENERAL.—The Nation and 
Jicarilla Apache Nation shall submit to the Sec-
retary for approval an expenditure plan for any 
portion of the amounts in the Settlement Trust 
Funds made available under this section that 
the Nation or the Jicarilla Apache Nation does 
not withdraw under this subsection. 
‘‘(B) DESCRIPTION.—An expenditure plan 
submitted under subparagraph (A) shall de-
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scribe the manner in which, and the purposes 
for which, funds of the Nation or the Jicarilla 
Apache Nation remaining in the Settlement 
Trust Funds will be used. 
‘‘(C) APPROVAL.—On receipt of an ex-
penditure plan under subparagraph (A), the 
Secretary shall approve the plan if the Sec-
retary determines that the plan is reasonable 
and consistent with this subtitle. 
‘‘(5) 
ANNUAL
REPORT.—The 
Nation 
and 
Jicarilla Apache Nation shall submit to the Sec-
retary an annual report that describes any expendi-
tures from the Settlement Trust Funds during the 
year covered by the report. 
‘‘(6) LIMITATION.—No portion of the amounts 
in the Settlement Trust Funds shall be distributed 
to any Nation or Jicarilla Apache Nation member on 
a per capita basis.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of the Omnibus Public Land 
Management Act of 2009 (Public Law 111–11; 123 
Stat. 991) is amended by striking the item relating 
to section 10702 and inserting the following: 
‘‘Sec. 10702. Settlement trust funds.’’. 
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(c) WAIVERS AND RELEASES.—Section 10703 of the 
Northwestern New Mexico Rural Water Projects Act 
(Public Law 111–11; 123 Stat. 1403) is amended— 
(1) in subsection (d)(1)(A), by striking ‘‘2025’’ 
and inserting ‘‘2030’’; and 
(2) in subsection (e)(2), in the matter preceding 
subparagraph (A), by striking ‘‘2025’’ and inserting 
‘‘2030’’. 
SEC. 5. NON-PROJECT WATER FOR USE IN THE STATE OF 
UTAH. 
Section 10602(h) of the Northwestern New Mexico 
Rural Water Projects Act (Public Law 111–11; 123 Stat. 
1382) is amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ‘‘paragraph (2)’’ and 
inserting ‘‘paragraph (3)’’; 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) CONVEYANCE OF NON-PROJECT WATER TO 
THE STATE OF UTAH.— 
‘‘(A) DEFINITIONS.—In this paragraph: 
‘‘(i) 
NAVAJO/UTAH
SETTLEMENT 
AGREEMENT.—The 
term 
‘Navajo/Utah 
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Settlement Agreement’ means the agree-
ment entitled ‘Navajo Nation/State of 
Utah Water Rights Settlement Agree-
ment’, dated May 27, 2022, and author-
ized by section 1102 of title XI of division 
FF of Public Law 116–260 (134 Stat. 
3224). 
‘‘(ii) NAVAJO-UTAH WATER RIGHTS.— 
The term ‘Navajo-Utah water rights’ has 
the meaning given the term ‘Navajo water 
rights’ in section 1102(b) of title XI of di-
vision FF of Public Law 116–260 (134 
Stat. 3225). 
‘‘(B) IN GENERAL.—Subject to paragraph 
(1), the Nation may provide non-Project water 
to communities of the Nation in the State of 
Utah, subject to the conditions that— 
‘‘(i) not more than 2,000 acre-feet per 
year of non-Project water may be treated, 
stored, or conveyed through Project and 
non-Project infrastructure for the benefit 
of those communities; 
‘‘(ii) any non-Project water treated or 
conveyed through Project and non-Project 
infrastructure and delivered to the New 
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Mexico state line for the benefit of those 
communities shall— 
‘‘(I) be considered part of the 
Navajo-Utah water rights as quan-
tified in section 1102(d)(1)(A) of title 
XI of division FF of Public Law 116– 
260 (134 Stat. 3227); and 
‘‘(II) be accounted for as a deple-
tion by the Nation to be counted 
against the apportionment of the 
State of Utah under the Compact for 
purposes of the depletion accounting 
under the Navajo/Utah Settlement 
Agreement; 
‘‘(iii) Project funds shall not be used 
to design, plan, construct, operate, main-
tain, or repair any additional infrastruc-
ture in the State of New Mexico or any in-
frastructure in the State of Arizona or 
Utah to join the Project infrastructure to 
the Sweetwater pipeline (non-Project infra-
structure); 
‘‘(iv) the share of any Project Partici-
pants’ Project operation, maintenance, and 
replacement costs shall not be increased in 
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connection with the use of non-Project in-
frastructure; 
‘‘(v) the United States shall have no 
responsibility or obligation to provide non- 
Project water to those communities under 
this paragraph and no Federal funding 
shall be provided for the costs to construct, 
operate, maintain, and replace any non- 
Project infrastructure necessary for stor-
age and conveyance of non-Project water 
from the State of New Mexico to serve 
those communities except for funds author-
ized under— 
‘‘(I) section 1102 of title XI of 
division FF of Public Law 116–260 
(134 Stat. 3224); 
‘‘(II) section 7 of the Act of Au-
gust 5, 1954 (42 U.S.C. 2004a); and 
‘‘(III) the Indian Health Care 
Improvement Act (25 U.S.C. 1601 et 
seq.); 
‘‘(vi) efforts associated with providing 
non-Project water to those communities 
shall not delay the Project, or any compo-
nent of the Project, in a manner that 
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would be prejudicial to any Project Partici-
pant; and 
‘‘(vii) in addition to the requirements 
of this paragraph, delivery of non-Project 
water under this paragraph is subject to— 
‘‘(I) the terms of the Navajo/ 
Utah Settlement Agreement; 
‘‘(II) the State of Utah issuing a 
decreed water right pursuant to the 
terms of the Navajo/Utah Settlement 
Agreement; 
‘‘(III) the State of Utah not in-
curring additional financial obligations 
beyond those identified in the Navajo/ 
Utah Settlement Agreement; and 
‘‘(IV) the execution of an imple-
mentation agreement between the Na-
tion and the State of Utah relating to 
accounting and measurement of non- 
Project water under this paragraph to 
be consistent with the terms of the 
Navajo/Utah Settlement Agreement. 
‘‘(C) CLARIFICATION.—The State of New 
Mexico shall have no responsibility or obligation 
to provide— 
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‘‘(i) non-Project water to communities 
of the Nation in the State of Utah under 
this paragraph; or 
‘‘(ii) any funding under this para-
graph.’’. 
Æ 
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