5176 
or expenditure of such fee or charge for a purpose or 
function other than the purposes and functions des-
ignated in the final rules issued under paragraph (3) 
of section 6(f) of the Wireless Communications and 
Public Safety Act of 1999, as added by this Act, as 
purposes and functions for which the obligation or ex-
penditure of such a fee or charge is acceptable. 
(5) STATE OR TAXING JURISDICTION.—The term 
‘‘State or taxing jurisdiction’’ has the meaning given 
such term in subparagraph (D) of paragraph (3) of 
section 6(f) of the Wireless Communications and Pub-
lic Safety Act of 1999, as added by this Act. 
SEC. 
903. 
OFFICE 
OF 
INTERNET 
CONNECTIVITY 
AND 
GROWTH. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Advancing Critical Connectivity Expands Service, Small 
Business Resources, Opportunities, Access, and Data Based 
on Assessed Need and Demand Act’’ or the ‘‘ACCESS 
BROADBAND Act’’. 
(b) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Assistant Secretary 
shall establish the Office of Internet Connectivity and 
Growth within the National Telecommunications and In-
formation Administration. 
(c) DUTIES.— 
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5177 
(1) OUTREACH.—The Office shall— 
(A) connect with communities that need ac-
cess to high-speed internet and improved digital 
inclusion efforts through various forms of out-
reach and communication techniques; 
(B) hold regional workshops across the 
country to share best practices and effective 
strategies for promoting broadband access and 
adoption; 
(C) develop targeted broadband training 
and presentations for various demographic com-
munities through various media; 
(D) develop and distribute publications (in-
cluding toolkits, primers, manuals, and white 
papers) providing guidance, strategies, and in-
sights to communities as the communities de-
velop strategies to expand broadband access and 
adoption; and 
(E) as applicable in carrying out subpara-
graphs (A) through (D), coordinate with State 
agencies that provide similar broadband invest-
ments, outreach, and coordination through Fed-
eral programs. 
(2) TRACKING OF FEDERAL DOLLARS.— 
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5178 
(A) BROADBAND
INFRASTRUCTURE.—The 
Office shall track the construction and use of and 
access to any broadband infrastructure built 
using any Federal support in a central database. 
(B) ACCOUNTING MECHANISM.—The Office 
shall develop a streamlined accounting mecha-
nism by which any agency offering a Federal 
broadband support program and the Commission 
for any Universal Service Fund Program shall 
provide the information described in subpara-
graph (A) in a standardized and efficient fash-
ion. 
(C) REPORT.—Not later than 1 year after 
the date of the enactment of this Act, and every 
year thereafter, the Office shall make public on 
the website of the Office and submit to the Com-
mittee on Energy and Commerce of the House of 
Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate 
a report on the following: 
(i) A description of the work of the Of-
fice for the previous year and the number of 
residents of the United States that received 
broadband as result of Federal broadband 
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5179 
support programs and the Universal Service 
Fund Programs. 
(ii) A description of how many resi-
dents of the United States were provided 
broadband by which universal service mech-
anism or which Federal broadband support 
program. 
(iii) An estimate of the economic im-
pact of such broadband deployment efforts 
on local economies, including any effect on 
small businesses or jobs. 
(d) RELATION TO CURRENT BROADBAND ACTIVITIES 
OF NTIA.—The Assistant Secretary shall assign to the Of-
fice all activities performed by the National Telecommuni-
cations and Information Administration as of the date of 
the enactment of this Act that are similar to the activities 
required to be conducted by the Office under this Act. 
(e) STREAMLINED APPLICATIONS FOR SUPPORT.— 
(1) AGENCY
CONSULTATION.—The Office shall 
consult with any agency offering a Federal broadband 
support program to streamline and standardize the 
applications process for financial assistance or grants 
for such program. 
(2) AGENCY STREAMLINING.—Any agency offer-
ing a Federal broadband support program shall 
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5180 
amend the applications of the agency for broadband 
support, to the extent practicable and as necessary, to 
streamline and standardize applications for Federal 
broadband support programs across the Government. 
(3) SINGLE APPLICATION.—To the greatest extent 
practicable, the Office shall seek to create one applica-
tion that may be submitted to apply for all, or sub-
stantially all, Federal broadband support programs. 
(4) WEBSITE REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the 
Office shall create a central website through which po-
tential applicants can learn about and apply for sup-
port through any Federal broadband support pro-
gram. 
(f) COORDINATION OF SUPPORT.— 
(1) IN GENERAL.—To ensure that Federal sup-
port for broadband deployment is being distributed in 
an efficient, technology-neutral, and financially sus-
tainable manner, and that a program does not dupli-
cate any other Federal broadband support program or 
any Universal Service Fund high-cost program— 
(A) any agency that offers a Federal 
broadband support program shall coordinate 
with the Office consistent with the goals de-
scribed in paragraph (2); and 
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5181 
(B) the Office, with respect to Federal 
broadband support programs, and the Commis-
sion, with respect to the Universal Service Fund 
high-cost programs, shall coordinate with each 
other consistent with the goals described in para-
graph (2). 
(2) GOALS.—The goals of any coordination con-
ducted pursuant to this subsection are the following: 
(A) Serving the largest number of unserved 
locations in the United States and ensuring all 
residents of the United States have access to 
high-speed broadband. 
(B) Promoting the most job and economic 
growth for all residents of the United States. 
(3) BROADBAND AVAILABILITY MAPS.—The Office 
and the Commission shall consult the broadband 
availability maps produced by the Commission when 
coordinating under paragraph (1). 
(g) DEFINITIONS.—In this Act: 
(1) AGENCY.—The term ‘‘agency’’ has the mean-
ing given that term in section 551 of title 5, United 
States Code. 
(2) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of Com-
merce for Communications and Information. 
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5182 
(3) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Federal Communications Commission. 
(4) FEDERAL BROADBAND SUPPORT PROGRAM.— 
The term ‘‘Federal broadband support program’’ does 
not include any Universal Service Fund Program 
and means any of the following programs (or any 
other similar Federal program) to the extent the pro-
gram offers broadband internet service, support for 
broadband deployment, or programs for promoting 
broadband access and adoption for various demo-
graphic communities through various media for resi-
dential, commercial, community providers, or aca-
demic establishments: 
(A) The Telecommunications and Tech-
nology Program of the Appalachian Regional 
Commission. 
(B) The Telecommunications Infrastructure 
Loan and Loan Guarantee Program established 
under the Rural Electrification Act of 1936, the 
rural broadband access program established 
under title VI of that Act (7 U.S.C. 950bb et 
seq.), the initiative under section 306F of that 
Act (7 U.S.C. 936f), the Community Connect 
Grant Program established under section 604 of 
that Act (7 U.S.C. 950bb–3), the broadband loan 
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5183 
and grant pilot program authorized under sec-
tion 779 of division A of the Consolidated Ap-
propriations Act, 2018 (Public Law 115–141; 
132 Stat. 399) (commonly known as the ‘‘Rural 
eConnectivity Pilot Program’’ or the ‘‘ReConnect 
Program’’), and the Distance Learning and Tele-
medicine Program under chapter 1 of subtitle D 
of title XXIII of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (7 U.S.C. 950aaa 
et seq.). 
(C) Community facility direct and guaran-
teed loans under section 306(a) of the Consoli-
dated Farm and Rural Development Act (7 
U.S.C. 1926(a)), community facility grants 
under paragraph (19), (20), or (21) of section 
306(a) of the Consolidated Farm and Rural De-
velopment Act (7 U.S.C. 1926(a)), and the Rural 
Community Development Initiative authorized 
under the heading ‘‘Rural Housing Service— 
Rural Community Facilities Program Account’’ 
under title III of division B of the Further Con-
solidated Appropriations Act, 2020 (Public Law 
116–94; 133 Stat. 2629). 
(D) The Public Works and Economic Ad-
justment Assistance Programs and the Planning 
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5184 
and Local Technical Assistance Programs of the 
Economic Development Administration of the 
Department of Commerce. 
(E) The Community Development Block 
Grants and Section 108 Loan Guarantees Pro-
grams, the Funds for Public Housing Authori-
ties: Capital Fund and Operating Fund, the 
Multifamily Housing Programs, the Indian 
Community Development Block Grant Program, 
the Indian Housing Block Grant Program, the 
Title VI Loan Guarantee Program, the Choice 
Neighborhoods Program, the HOME Investment 
Partnerships Program, the Housing Trust Fund, 
and the Housing Opportunities for Persons with 
AIDS Program of the Department of Housing 
and Urban Development. 
(F) The American Job Centers of the Em-
ployment and Training Administration of the 
Department of Labor. 
(G) The Library Services and Technology 
Grant Programs of the Institute of Museum and 
Library Services. 
(5) OFFICE.—The term ‘‘Office’’ means the Office 
of Internet Connectivity and Growth established pur-
suant to subsection (b). 
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5185 
(6) UNIVERSAL SERVICE FUND HIGH-COST PRO-
GRAMS.—The term ‘‘Universal Service Fund high-cost 
programs’’ means— 
(A) the program for Universal Service Sup-
port for High-Cost Areas set forth under subpart 
D of part 54 of title 47, Code of Federal Regula-
tions, or any successor thereto; 
(B) the Rural Digital Opportunity Fund 
set forth under subpart J of part 54 of title 47, 
Code of Federal Regulations, or any successor 
thereto; 
(C) the Interstate Common Line Support 
Mechanism for Rate-of-Return Carriers set forth 
under subpart K of part 54 of title 47, Code of 
Federal Regulations, or any successor thereto; 
(D) the Mobility Fund and 5G Fund set 
forth under subpart L of part 54 of title 47, Code 
of Federal Regulations, or any successor thereto; 
and 
(E) the High Cost Loop Support for Rate- 
of-Return Carriers program set forth under sub-
part M of part 54 of title 47, Code of Federal 
Regulations, or any successor thereto. 
(7) UNIVERSAL SERVICE FUND PROGRAM.—The 
term ‘‘Universal Service Fund Program’’ means any 
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5186 
program authorized under section 254 of the Commu-
nications Act of 1934 (47 U.S.C. 254) to help deploy 
broadband. 
(8) UNIVERSAL SERVICE MECHANISM.—The term 
‘‘universal service mechanism’’ means any funding 
stream provided by a Universal Service Fund Pro-
gram to support broadband access. 
(h) RULE OF CONSTRUCTION.—Nothing in this Act is 
intended to alter or amend any provision of section 254 
of the Communications Act of 1934 (47 U.S.C. 254). 
SEC. 904. INTERAGENCY AGREEMENT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Broadband Interagency Coordination Act of 2020’’. 
(b) INTERAGENCY AGREEMENT.— 
(1) DEFINITIONS.—In this Act— 
(A) the term ‘‘covered agency’’ means— 
(i) the Federal Communications Com-
mission; 
(ii) the Department of Agriculture; 
and 
(iii) the National Telecommunications 
and Information Administration; and 
(B) the term ‘‘high-cost programs’’ means— 
(i) the program for Universal Service 
Support for High-Cost Areas set forth under 
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5187 
subpart D of part 54 of title 47, Code of 
Federal Regulations, or any successor there-
to; 
(ii) the Rural Digital Opportunity 
Fund set forth under subpart J of part 54 
of title 47, Code of Federal Regulations, or 
any successor thereto; 
(iii) the Interstate Common Line Sup-
port Mechanism for Rate-of-Return Carriers 
set forth under subpart K of part 54 of title 
47, Code of Federal Regulations, or any 
successor thereto; 
(iv) the Mobility Fund and 5G Fund 
set forth under subpart L of part 54 of title 
47, Code of Federal Regulations, or any 
successor thereto; and 
(v) the High Cost Loop Support for 
Rate-of-Return Carriers program set forth 
under subpart M of part 54 of title 47, Code 
of Federal Regulations, or any successor 
thereto. 
(2) INTERAGENCY AGREEMENT.—Not later than 
180 days after the date of enactment of this Act, the 
heads of the covered agencies shall enter into an inter-
agency agreement requiring coordination between the 
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5188 
covered agencies for the distribution of funds for 
broadband deployment under— 
(A) the high-cost programs; 
(B) the programs administered by the 
Rural Utilities Service of the Department of Ag-
riculture and the Department of Agriculture; 
and 
(C) the programs administered by or co-
ordinated through the National Telecommuni-
cations and Information Administration. 
(3) REQUIREMENTS.—In entering into an inter-
agency agreement with respect to the programs de-
scribed in paragraph (2), the heads of the covered 
agencies shall— 
(A) require that the covered agencies share 
information with each other about existing or 
planned projects that have received or will re-
ceive funds under the programs described in 
paragraph (2) for new broadband deployment; 
(B) provide that— 
(i) subject to clause (ii), upon request 
from another covered agency with authority 
to award or authorize any funds for new 
broadband deployment in a project area, a 
covered agency shall provide the other cov-
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5190 
described in paragraph (2) on standardized data 
regarding broadband coverage; and 
(D) provide that the interagency agreement 
shall be updated periodically, except that the 
scope of the agreement with respect to the Fed-
eral Communications Commission may not ex-
pand beyond the high-cost programs. 
(4) ASSESSMENT OF AGREEMENT.— 
(A) PUBLIC COMMENT.—Not later than 1 
year after entering into the interagency agree-
ment required under paragraph (2), the Federal 
Communications Commission shall seek public 
comment on— 
(i) the effectiveness of the interagency 
agreement in facilitating efficient use of 
funds for broadband deployment; 
(ii) the availability of Tribal, State, 
and local data regarding broadband deploy-
ment and the inclusion of that data in 
interagency coordination; and 
(iii) modifications to the interagency 
agreement that would improve the efficacy 
of interagency coordination. 
(B) ASSESSMENT; REPORT.—Not later than 
18 months after the date of enactment of this 
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5191 
Act, the Federal Communications Commission 
shall— 
(i) review and assess the comments re-
ceived under subparagraph (A); and 
(ii) submit to the Committee on Com-
merce, Science, and Transportation of the 
Senate and the Committee on Energy and 
Commerce of the House of Representatives a 
report detailing any findings and rec-
ommendations from the assessment con-
ducted under clause (i). 
SEC. 905. REALLOCATION AND AUCTION OF 3450–3550 MHZ 
SPECTRUM BAND. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Beat China by Harnessing Important, National Airwaves 
for 5G Act of 2020’’ or the ‘‘Beat CHINA for 5G Act of 
2020’’. 
(b) DEFINITIONS.—In this Act— 
(1) the term ‘‘Commission’’ means the Federal 
Communications Commission; and 
(2) the term ‘‘covered band’’ means the band of 
electromagnetic spectrum between the frequencies of 
3450 megahertz and 3550 megahertz, inclusive. 
(c) WITHDRAWAL
OR MODIFICATION
OF FEDERAL 
GOVERNMENT
ASSIGNMENTS.—The 
President, 
acting 
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5192 
through the Assistant Secretary of Commerce for Commu-
nications and Information, shall— 
(1) not later than 180 days after the date of en-
actment of this Act, in coordination with relevant 
Federal users, begin the process of withdrawing or 
modifying the assignments to Federal Government 
stations of the covered band as necessary for the Com-
mission to comply with subsection (d); and 
(2) not later than 30 days after completing any 
necessary withdrawal or modification under para-
graph (1), notify the Commission that the withdrawal 
or modification is complete. 
(d) REALLOCATION AND AUCTION.— 
(1) IN GENERAL.—The Commission shall— 
(A) revise the non-Federal allocation for the 
covered band to permit flexible-use services; and 
(B) notwithstanding paragraph (15)(A) of 
section 309(j) of the Communications Act of 
1934 (47 U.S.C. 309(j)), not later than December 
31, 2021, begin a system of competitive bidding 
under that section to grant new initial licenses 
for the use of a portion or all of the covered 
band, subject to flexible-use service rules. 
(2) EXEMPTION FROM NOTIFICATION REQUIRE-
MENT.—The first sentence of section 113(g)(4)(A) of 
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5193 
the National Telecommunications and Information 
Administration 
Organization 
Act 
(47 
U.S.C. 
923(g)(4)(A)) shall not apply with respect to the sys-
tem of competitive bidding required under paragraph 
(1)(B) of this subsection. 
(3) PROCEEDS TO COVER 110 PERCENT OF FED-
ERAL RELOCATION OR SHARING COSTS.—Nothing in 
paragraph (1) shall be construed to relieve the Com-
mission 
from 
the 
requirements 
of 
section 
309(j)(16)(B) of the Communications Act of 1934 (47 
U.S.C. 309(j)(16)(B)). 
TITLE X—BANKRUPTCY RELIEF 
SEC. 1001. BANKRUPTCY RELIEF. 
(a) PROPERTY OF THE ESTATE.— 
(1) IN
GENERAL.—Section 541(b) of title 11, 
United States Code, is amended— 
(A) in paragraph (9), in the matter fol-
lowing subparagraph (B), by striking ‘‘or’’; 
(B) in paragraph (10)(C), by striking the 
period at the end and inserting ‘‘; or’’; and 
(C) by inserting after paragraph (10) the 
following: 
‘‘(11) recovery rebates made under section 6428 
of the Internal Revenue Code of 1986.’’. 
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5194 
(2) SUNSET.—Effective on the date that is 1 
year after the date of enactment of this Act, section 
541(b) of title 11, United States Code, is amended— 
(A) in paragraph (9), in the matter fol-
lowing subparagraph (B), by adding ‘‘or’’ at the 
end; 
(B) in paragraph (10)(C), by striking ‘‘; 
or’’ and inserting a period; and 
(C) by striking paragraph (11). 
(b) DISCHARGE.— 
(1) IN
GENERAL.—Section 1328 of title 11, 
United States Code, is amended by adding at the end 
the following: 
‘‘(i) Subject to subsection (d), after notice and a hear-
ing, the court may grant a discharge of debts dischargeable 
under subsection (a) to a debtor who has not completed pay-
ments to the trustee or a creditor holding a security interest 
in the principal residence of the debtor if— 
‘‘(1) the debtor defaults on not more than 3 
monthly payments due on a residential mortgage 
under section 1322(b)(5) on or after March 13, 2020, 
to the trustee or creditor caused by a material finan-
cial hardship due, directly or indirectly, by the 
coronavirus disease 2019 (COVID–19) pandemic; or 
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5195 
‘‘(2)(A) the plan provides for the curing of a de-
fault and maintenance of payments on a residential 
mortgage under section 1322(b)(5); and 
‘‘(B) the debtor has entered into a forbearance 
agreement or loan modification agreement with the 
holder or servicer (as defined in section 6(i) of the 
Real Estate Settlement Procedures Act of 1974 (12 
U.S.C. 2605(i)) of the mortgage described in subpara-
graph (A).’’. 
(2) SUNSET.—Effective on the date that is 1 
year after the date of enactment of this Act, section 
1328 of title 11, United States Code, is amended by 
striking subsection (i). 
(c) PROTECTION AGAINST DISCRIMINATORY TREAT-
MENT.— 
(1) IN
GENERAL.—Section 525 of title 11, 
United States Code, is amended by adding at the end 
the following: 
‘‘(d) A person may not be denied relief under sections 
4022 through 4024 of the CARES Act (15 U.S.C. 9056, 
9057, 9058) because the person is or has been a debtor under 
this title.’’. 
(2) SUNSET.—Effective on the date that is 1 
year after the date of enactment of this Act, section 
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5196 
525 of title 11, United States Code, is amended by 
striking subsection (d). 
(d) CARES FORBEARANCE CLAIMS.— 
(1) FILING OF PROOFS OF CLAIMS OR INTER-
ESTS.—Section 501 of title 11, United States Code, is 
amended by adding at the end the following: 
‘‘(f)(1) In this subsection— 
‘‘(A) the term ‘CARES forbearance claim’ means 
a supplemental claim for the amount of a Federally 
backed mortgage loan or a Federally backed multi-
family mortgage loan that was not received by an eli-
gible creditor during the forbearance period of a loan 
granted forbearance under section 4022 or 4023 of the 
CARES Act (15 U.S.C. 9056, 9057); 
‘‘(B) the term ‘eligible creditor’ means a servicer 
(as defined in section 6(i) of the Real Estate Settle-
ment Procedures Act of 1974 (12 U.S.C. 2605(i)) with 
a claim for a Federally backed mortgage loan or a 
Federally backed multifamily mortgage loan of the 
debtor that is provided for by a plan under section 
1322(b)(5); 
‘‘(C) the term ‘Federally backed mortgage loan’ 
has the meaning given the term in section 4022(a) of 
the CARES Act (15 U.S.C. 9056(a)); and 
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5197 
‘‘(D) the term ‘Federally backed multifamily 
mortgage loan’ has the meaning given the term in sec-
tion 4023(f) of the CARES Act (15 U.S.C. 9057(f)). 
‘‘(2)(A) Only an eligible creditor may file a supple-
mental proof of claim for a CARES forbearance claim. 
‘‘(B) If an underlying mortgage loan obligation has 
been modified or deferred by an agreement of the debtor and 
an eligible creditor of the mortgage loan in connection with 
a mortgage forbearance granted under section 4022 or 4023 
of the CARES Act (15 U.S.C. 9056, 9057) in order to cure 
mortgage payments forborne under the forbearance, the 
proof of claim filed under subparagraph (A) shall include— 
‘‘(i) the relevant terms of the modification or de-
ferral; 
‘‘(ii) for a modification or deferral that is in 
writing, a copy of the modification or deferral; and 
‘‘(iii) a description of the payments to be de-
ferred until the date on which the mortgage loan ma-
tures.’’. 
(2) ALLOWANCE
OF
CLAIMS
OR
INTERESTS.— 
Section 502(b)(9) of title 11, United States Code, is 
amended to read as follows: 
‘‘(9) proof of such claim is not timely filed, ex-
cept to the extent tardily filed as permitted under 
paragraph (1), (2), or (3) of section 726(a) or under 
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5198 
the Federal Rules of Bankruptcy Procedure, except 
that— 
‘‘(A) a claim of a governmental unit shall 
be timely filed if it is filed before 180 days after 
the date of the order for relief or such later time 
as the Federal Rules of Bankruptcy Procedure 
may provide; 
‘‘(B) in a case under chapter 13, a claim of 
a governmental unit for a tax with respect to a 
return filed under section 1308 shall be timely if 
the claim is filed on or before the date that is 60 
days after the date on which such return was 
filed as required; and 
‘‘(C) a CARES forbearance claim (as de-
fined in section 501(f)(1)) shall be timely filed if 
the claim is filed before the date that is 120 days 
after the expiration of the forbearance period of 
a loan granted forbearance under section 4022 or 
4023 of the CARES Act (15 U.S.C. 9056, 
9057).’’. 
(3) SUNSET.—Effective on the date that is 1 
year after the date of enactment of this Act— 
(A) section 501 of title 11, United States 
Code, is amended by striking subsection (f); and 
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5199 
(B) section 502(b)(9) of title 11, United 
States Code, is amended— 
(i) in subparagraph (A), by adding 
‘‘and’’ at the end; 
(ii) in subparagraph (B), by striking 
‘‘; and’’ and inserting a period; and 
(iii) by striking subparagraph (C). 
(e) MODIFICATION OF PLAN AFTER CONFIRMATION.— 
(1) IN
GENERAL.—Section 1329 of title 11, 
United States Code, is amended by adding at the end 
the following: 
‘‘(e)(1) A debtor of a case for which a creditor files 
a proof of claim under section 501(f) may file a request 
for a modification of the plan to provide for the proof of 
claim. 
‘‘(2) If the debtor does not file a request for a modifica-
tion of the plan under paragraph (1) on or before the date 
that is 30 days after the date on which a creditor files a 
claim under section 501(f), after notice, the court, on a mo-
tion of the court or on a motion of the United States trustee, 
the trustee, a bankruptcy administrator, or any party in 
interest, may request a modification of the plan to provide 
for the proof of claim.’’. 
(2) SUNSET.—Effective on the date that is 1 
year after the date of enactment of this Act, section 
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1329 of title 11, United States Code, is amended by 
striking subsection (e). 
(f) 
EXECUTORY
CONTRACTS
AND
UNEXPIRED 
LEASES.— 
(1) IN
GENERAL.—Section 365(d) of title 11, 
United States Code, is amended— 
(A) in paragraph (3)— 
(i) by inserting ‘‘(A)’’ after ‘‘(3)’’; 
(ii) by inserting ‘‘, except as provided 
in subparagraph (B)’’ after ‘‘such 60-day 
period’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) In a case under subchapter V of chapter 11, the 
time for performance of an obligation described in subpara-
graph (A) arising under any unexpired lease of nonresiden-
tial real property may be extended by the court if the debtor 
is experiencing or has experienced a material financial 
hardship due, directly or indirectly, to the coronavirus dis-
ease 2019 (COVID–19) pandemic until the earlier of— 
‘‘(i) the date that is 60 days after the date of the 
order for relief, which may be extended by the court 
for an additional period of 60 days if the court deter-
mines that the debtor is continuing to experience a 
material financial hardship due, directly or indi-
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rectly, to the coronavirus disease 2019 (COVID–19) 
pandemic; or 
‘‘(ii) the date on which the lease is assumed or 
rejected under this section. 
‘‘(C) An obligation described in subparagraph (A) for 
which an extension is granted under subparagraph (B) 
shall be treated as an administrative expense described in 
section 507(a)(2) for the purpose of section 1191(e).’’; and 
(B) in paragraph (4), by striking ‘‘120’’ 
each place it appears and inserting ‘‘210’’. 
(2) SUNSET.— 
(A) IN
GENERAL.—Effective on the date 
that is 2 years after the date of enactment of this 
Act, section 365(d) of title 11, United States 
Code, is amended— 
(i) in paragraph (3)— 
(I) by striking ‘‘(A)’’ after ‘‘(3)’’; 
(II) by striking ‘‘, except as pro-
vided in subparagraph (B)’’ after 
‘‘such 60-day period’’; and 
(III) by striking subparagraphs 
(B) and (C); and 
(ii) in paragraph (4), by striking 
‘‘210’’ each place it appears and inserting 
‘‘120’’. 
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(B) SUBCHAPTER V CASES FILED BEFORE 
SUNSET.—Notwithstanding 
the 
amendments 
made by subparagraph (A), the amendments 
made by paragraph (1) shall apply in any case 
commenced under subchapter V of chapter 11 of 
title 11, United States Code, before the date that 
is 2 years after the date of enactment of this Act. 
(g) PREFERENCES.— 
(1) IN
GENERAL.—Section 547 of title 11, 
United States Code, is amended— 
(A) in subsection (b), in the matter pre-
ceding paragraph (1), by striking ‘‘and (i)’’ and 
inserting ‘‘, (i), and (j)’’; and 
(B) by adding at the end the following: 
‘‘(j)(1) In this subsection: 
‘‘(A) The term ‘covered payment of rental ar-
rearages’ means a payment of arrearages that— 
‘‘(i) is made in connection with an agree-
ment or arrangement— 
‘‘(I) between the debtor and a lessor to 
defer or postpone the payment of rent and 
other periodic charges under a lease of non-
residential real property; and 
‘‘(II) made or entered into on or after 
March 13, 2020; 
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‘‘(ii) does not exceed the amount of rental 
and other periodic charges agreed to under the 
lease of nonresidential real property described in 
clause (i)(I) before March 13, 2020; and 
‘‘(iii) does not include fees, penalties, or in-
terest in an amount greater than the amount of 
fees, penalties, or interest— 
‘‘(I) scheduled to be paid under the 
lease of nonresidential real property de-
scribed in clause (i)(I); or 
‘‘(II) that the debtor would owe if the 
debtor had made every payment due under 
the lease of nonresidential real property de-
scribed in clause (i)(I) on time and in full 
before March 13, 2020. 
‘‘(B) The term ‘covered payment of supplier ar-
rearages’ means a payment of arrearages that— 
‘‘(i) is made in connection with an agree-
ment or arrangement— 
‘‘(I) between the debtor and a supplier 
of goods or services to defer or postpone the 
payment of amounts due under an execu-
tory contract for goods or services; and 
‘‘(II) made or entered into on or after 
March 13, 2020; 
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‘‘(ii) does not exceed the amount due under 
the executory contract described in clause (i)(I) 
before March 13, 2020; and 
‘‘(iii) does not include fees, penalties, or in-
terest in an amount greater than the amount of 
fees, penalties, or interest— 
‘‘(I) scheduled to be paid under the ex-
ecutory contract described in clause (i)(I); 
or 
‘‘(II) that the debtor would owe if the 
debtor had made every payment due under 
the executory contract described in clause 
(i)(I) on time and in full before March 13, 
2020. 
‘‘(2) The trustee may not avoid a transfer under this 
section for— 
‘‘(A) a covered payment of rental arrearages; or 
‘‘(B) a covered payment of supplier arrearages.’’. 
(2) SUNSET.— 
(A) IN
GENERAL.—Effective on the date 
that is 2 years after the date of enactment of this 
Act, section 547 of title 11, United States Code, 
is amended— 
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(i) in subsection (b), in the matter pre-
ceding paragraph (1), by striking ‘‘, (i), 
and (j)’’ and inserting ‘‘and (i)’’; and 
(ii) by striking subsection (j). 
(B) CASES FILED BEFORE SUNSET.—Not-
withstanding the amendments made by subpara-
graph (A), the amendments made by paragraph 
(1) shall apply in any case commenced under 
title 11, United States Code, before the date that 
is 2 years after the date of enactment of this Act. 
(h) TERMINATION OF UTILITY SERVICES.— 
(1) IN
GENERAL.—Section 366 of title 11, 
United States Code, is amended by adding at the end 
the following: 
‘‘(d) Notwithstanding any other provision of this sec-
tion, a utility may not alter, refuse, or discontinue service 
to a debtor who does not furnish adequate assurance of pay-
ment under this section if the debtor— 
‘‘(1) is an individual; 
‘‘(2) makes a payment to the utility for any debt 
owed to the utility for service provided during the 20- 
day period beginning on the date of the order for re-
lief; and 
‘‘(3) after the date on which the 20-day period 
beginning on the date of the order for relief ends, 
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5206 
makes a payment to the utility for services provided 
during the pendency of case when such a payment be-
comes due.’’. 
(2) SUNSET.—Effective on the date that is 1 
year after the date of enactment of this Act, section 
366 of title 11, United States Code, is amended by 
striking subsection (d). 
(i) CUSTOMS DUTIES.— 
(1) IN
GENERAL.—Section 507(d) of title 11, 
United States Code, is amended— 
(A) by striking ‘‘, (a)(8)’’; 
(B) by inserting ‘‘or subparagraphs (A) 
through (E) and (G) of subsection (a)(8)’’ after 
‘‘(a)(9)’’; and 
(C) inserting ‘‘or subparagraph’’ after ‘‘such 
subsection’’. 
(2) SUNSET.—Effective on the date that is 1 
year after the date of enactment of this Act, section 
507(d) of title 11, United States Code, is amended— 
(A) by inserting ‘‘, (a)(8)’’ before ‘‘, or 
(a)(9)’’; 
(B) by striking ‘‘or subparagraphs (A) 
through (E) and (G) of subsection (a)(8)’’; and 
(C) by striking ‘‘or subparagraph’’ after 
‘‘such subsection’’. 
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5207 
TITLE XI—WESTERN WATER AND 
INDIAN AFFAIRS 
SEC. 1101. AGING INFRASTRUCTURE ACCOUNT. 
Section 9603 of the Omnibus Public Land Manage-
ment Act of 2009 (43 U.S.C. 510b) is amended by adding 
at the end the following: 
‘‘(d) AGING INFRASTRUCTURE ACCOUNT.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the general fund of the Treasury a special account, to 
be known as the ‘Aging Infrastructure Account’ (re-
ferred to in this subsection as the ‘Account’), to pro-
vide funds to, and provide for the extended repayment 
of the funds by, a transferred works operating entity 
or project beneficiary responsible for repayment of re-
imbursable costs for the conduct of extraordinary op-
eration and maintenance work at a project facility, 
which shall consist of— 
‘‘(A) any amounts that are specifically ap-
propriated to the Account under section 9605; 
and 
‘‘(B) any amounts deposited in the Account 
under paragraph (3)(B). 
‘‘(2) EXPENDITURES.—Subject to paragraphs (3) 
and (6), the Secretary may expend amounts in the 
Account to fund and provide for extended repayment 
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5208 
of the funds for eligible projects identified in a report 
submitted under paragraph (5)(B). 
‘‘(3) REPAYMENT CONTRACT.— 
‘‘(A) IN GENERAL.—The Secretary may not 
expend amounts under paragraph (2) with re-
spect to an eligible project described in that 
paragraph unless the transferred works operating 
entity or project beneficiary responsible for re-
payment of reimbursable costs has entered into a 
contract to repay the amounts under subsection 
(b)(2). 
‘‘(B) 
DEPOSIT
OF
REPAID
FUNDS.— 
Amounts repaid by a transferred works oper-
ating entity or project beneficiary responsible for 
repayment of reimbursable costs receiving funds 
under a repayment contract entered into under 
this subsection shall be deposited in the Account 
and shall be available to the Secretary for ex-
penditure, subject to paragraph (6), in accord-
ance with this subsection, and without further 
appropriation. 
‘‘(4) APPLICATION FOR FUNDING.— 
‘‘(A) IN GENERAL.—Beginning with fiscal 
year 2022, not less than once per fiscal year, the 
Secretary shall accept, during an application pe-
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5209 
riod established by the Secretary, applications 
from transferred works operating entities or 
project beneficiaries responsible for payment of 
reimbursable costs for funds and extended repay-
ment for eligible projects. 
‘‘(B) ELIGIBLE PROJECT.—A project eligible 
for funding and extended repayment under this 
subsection is a project that— 
‘‘(i) qualifies as an extraordinary op-
eration and maintenance work under this 
section; 
‘‘(ii) is for the major, non-recurring 
maintenance of a mission-critical asset; and 
‘‘(iii) is not eligible to be carried out 
or funded under the repayment provisions 
of section 4(c) of the Reclamation Safety of 
Dams Act of 1978 (43 U.S.C. 508(c)). 
‘‘(C) GUIDELINES FOR APPLICATIONS.—Not 
later than 60 days after the date of enactment of 
this subsection, the Secretary shall issue guide-
lines describing the information required to be 
provided in an application for funds and ex-
tended repayment under this subsection that re-
quire, at a minimum— 
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5210 
‘‘(i) a description of the project for 
which the funds are requested; 
‘‘(ii) the amount of funds requested; 
‘‘(iii) the repayment period requested 
by the transferred works operating entity or 
project beneficiary responsible for repay-
ment of reimbursable costs; 
‘‘(iv) alternative non-Federal funding 
options that have been evaluated; 
‘‘(v) the financial justification for re-
questing an extended repayment period; and 
‘‘(vi) the financial records of the trans-
ferred works operating entity or project ben-
eficiary responsible for repayment of reim-
bursable costs. 
‘‘(D) REVIEW
BY
THE
SECRETARY.—The 
Secretary shall review each application sub-
mitted under subparagraph (A)— 
‘‘(i) to determine whether the project is 
eligible for funds and an extended repay-
ment period under this subsection; 
‘‘(ii) to determine if the project has 
been identified by the Bureau of Reclama-
tion as part of the major rehabilitation and 
replacement of a project facility; and 
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5211 
‘‘(iii) to conduct a financial analysis 
of— 
‘‘(I) the project; and 
‘‘(II) repayment capability of the 
transferred works operating entity or 
project beneficiary responsible for re-
payment of reimbursable costs. 
‘‘(5) REPORT.—Not later than 90 days after the 
date on which an application period closes under 
paragraph (4)(A), the Secretary shall submit to the 
Committees on Energy and Natural Resources and 
Appropriations of the Senate and the Committees on 
Natural Resources and Appropriations of the House 
of Representatives a report that— 
‘‘(A) describes the results of the Secretary’s 
review of each application under paragraph 
(4)(D), including a determination of whether the 
project is eligible; 
‘‘(B) identifies each project eligible for funds 
and extended repayment under this subsection; 
‘‘(C) with respect to each eligible project 
identified under subparagraph (B), includes— 
‘‘(i) a description of— 
‘‘(I) the eligible project; 
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5212 
‘‘(II) the anticipated cost and du-
ration of the eligible project; 
‘‘(III) any remaining engineering 
or environmental compliance that is 
required before the eligible project com-
mences; 
‘‘(IV) any recommendations the 
Secretary may have concerning the 
plan or design of the project; and 
‘‘(V) any conditions the Secretary 
may require for construction of the 
project; 
‘‘(ii) an analysis of— 
‘‘(I) the repayment period pro-
posed in the application; and 
‘‘(II) if the Secretary recommends 
a minimum necessary repayment pe-
riod that is different than the repay-
ment period proposed in the applica-
tion, the minimum necessary repay-
ment period recommended by the Sec-
retary; and 
‘‘(iii) an analysis of alternative non- 
Federal funding options; 
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‘‘(D) describes the allocation of funds from 
deposits into the Account under paragraph 
(3)(B); and 
‘‘(E) describes the balance of funds in the 
Account as of the date of the report. 
‘‘(6) ALTERNATIVE ALLOCATION.— 
‘‘(A) IN
GENERAL.—Appropriations Acts 
may provide for alternate allocation of amounts 
reported pursuant to paragraph (5)(D) that are 
made available under this subsection. 
‘‘(B) ALLOCATION BY SECRETARY.— 
‘‘(i) NO ALTERNATE ALLOCATIONS.—If 
Congress has not enacted legislation estab-
lishing alternate allocations by the date on 
which the Act making full-year appropria-
tions for energy and water development and 
related agencies for the applicable fiscal 
year is enacted into law, amounts made 
available under paragraph (1) shall be allo-
cated by the Secretary. 
‘‘(ii) INSUFFICIENT ALTERNATE ALLO-
CATIONS.—If Congress enacts legislation es-
tablishing alternate allocations for amounts 
made available under paragraph (1) that 
are less than the full amount appropriated 
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5214 
under that paragraph, the difference be-
tween the amount appropriated and the al-
ternate allocation shall be allocated by the 
Secretary. 
‘‘(7) EFFECT OF SUBSECTION.—Nothing in this 
subsection affects— 
‘‘(A) any funding provided, or contracts en-
tered into, under subsection (a) before the date of 
enactment of this subsection; or 
‘‘(B) the use of funds otherwise made avail-
able to the Secretary to carry out subsection 
(a).’’. 
SEC. 1102. NAVAJO-UTAH WATER RIGHTS SETTLEMENT. 
(a) PURPOSES.—The purposes of this section are— 
(1) to achieve a fair, equitable, and final settle-
ment of all claims to water rights in the State of 
Utah for— 
(A) the Navajo Nation; and 
(B) the United States, for the benefit of the 
Nation; 
(2) to authorize, ratify, and confirm the agree-
ment entered into by the Nation and the State, to the 
extent that the agreement is consistent with this sec-
tion; 
(3) to authorize and direct the Secretary— 
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(A) to execute the agreement; and 
(B) to take any actions necessary to carry 
out the agreement in accordance with this sec-
tion; and 
(4) to authorize funds necessary for the imple-
mentation of the agreement and this section. 
(b) DEFINITIONS.—In this section: 
(1) 
AGREEMENT.—The 
term 
‘‘agreement’’ 
means— 
(A) the document entitled ‘‘Navajo Utah 
Water Rights Settlement Agreement’’ dated De-
cember 14, 2015, and the exhibits attached there-
to; and 
(B) any amendment or exhibit to the docu-
ment or exhibits referenced in subparagraph (A) 
to make the document or exhibits consistent with 
this section. 
(2) ALLOTMENT.—The term ‘‘allotment’’ means a 
parcel of land— 
(A) granted out of the public domain that 
is— 
(i) located within the exterior bound-
aries of the Reservation; or 
(ii) Bureau of Indian Affairs parcel 
number 792 634511 in San Juan County, 
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Utah, consisting of 160 acres located in 
Township 41S, Range 20E, sections 11, 12, 
and 14, originally set aside by the United 
States for the benefit of an individual iden-
tified in the allotting document as a Navajo 
Indian; and 
(B) held in trust by the United States— 
(i) for the benefit of an individual, in-
dividuals, or an Indian Tribe other than 
the Navajo Nation; or 
(ii) in part for the benefit of the Nav-
ajo Nation as of the enforceability date. 
(3) ALLOTTEE.—The term ‘‘allottee’’ means an 
individual or Indian Tribe with a beneficial interest 
in an allotment held in trust by the United States. 
(4) ENFORCEABILITY DATE.—The term ‘‘enforce-
ability date’’ means the date on which the Secretary 
publishes in the Federal Register the statement of 
findings described in subsection (g)(1). 
(5) GENERAL STREAM ADJUDICATION.—The term 
‘‘general stream adjudication’’ means the adjudica-
tion pending, as of the date of enactment of this Act, 
in the Seventh Judicial District in and for Grand 
County, State of Utah, commonly known as the 
‘‘Southeastern Colorado River General Adjudication’’, 
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5217 
Civil No. 810704477, conducted pursuant to State 
law. 
(6) INJURY TO WATER RIGHTS.—The term ‘‘in-
jury to water rights’’ means an interference with, 
diminution of, or deprivation of water rights under 
Federal or State law, excluding injuries to water 
quality. 
(7) MEMBER.—The term ‘‘member’’ means any 
person who is a duly enrolled member of the Navajo 
Nation. 
(8) NAVAJO
NATION
OR
NATION.—The term 
‘‘Navajo Nation’’ or ‘‘Nation’’ means a body politic 
and federally recognized Indian nation, as published 
on the list established under section 104(a) of the Fed-
erally Recognized Indian Tribe List Act of 1994 (25 
U.S.C. 5131(a)), also known variously as the ‘‘Navajo 
Nation’’, the ‘‘Navajo Nation of Arizona, New Mexico, 
& Utah’’, and the ‘‘Navajo Nation of Indians’’ and 
other similar names, and includes all bands of Navajo 
Indians and chapters of the Navajo Nation and all 
divisions, agencies, officers, and agents thereof. 
(9) NAVAJO WATER DEVELOPMENT PROJECTS.— 
The term ‘‘Navajo water development projects’’ means 
projects for domestic municipal water supply, includ-
ing distribution infrastructure, and agricultural 
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5218 
water conservation, to be constructed, in whole or in 
part, using monies from the Navajo Water Develop-
ment Projects Account. 
(10) NAVAJO WATER RIGHTS.—The term ‘‘Navajo 
water rights’’ means the Nation’s water rights in 
Utah described in the agreement and this section. 
(11) OM&R.—The term ‘‘OM&R’’ means oper-
ation, maintenance, and replacement. 
(12) PARTIES.—The term ‘‘parties’’ means the 
Navajo Nation, the State, and the United States. 
(13) RESERVATION.—The term ‘‘Reservation’’ 
means, for purposes of the agreement and this section, 
the Reservation of the Navajo Nation in Utah as in 
existence on the date of enactment of this Act and de-
picted on the map attached to the agreement as Ex-
hibit A, including any parcel of land granted out of 
the public domain and held in trust by the United 
States entirely for the benefit of the Navajo Nation as 
of the enforceability date. 
(14) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior or a duly authorized rep-
resentative thereof. 
(15) STATE.—The term ‘‘State’’ means the State 
of Utah and all officers, agents, departments, and po-
litical subdivisions thereof. 
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5219 
(16) 
UNITED
STATES.—The 
term 
‘‘United 
States’’ means the United States of America and all 
departments, agencies, bureaus, officers, and agents 
thereof. 
(17) UNITED STATES ACTING IN ITS TRUST CA-
PACITY.—The term ‘‘United States acting in its trust 
capacity’’ means the United States acting for the ben-
efit of the Navajo Nation or for the benefit of allottees. 
(c) RATIFICATION OF AGREEMENT.— 
(1) APPROVAL BY CONGRESS.—Except to the ex-
tent that any provision of the agreement conflicts 
with this section, Congress approves, ratifies, and 
confirms the agreement (including any amendments 
to the agreement that are executed to make the agree-
ment consistent with this section). 
(2) EXECUTION BY SECRETARY.—The Secretary 
is authorized and directed to promptly execute the 
agreement to the extent that the agreement does not 
conflict with this section, including— 
(A) any exhibits to the agreement requiring 
the signature of the Secretary; and 
(B) any amendments to the agreement nec-
essary to make the agreement consistent with this 
section. 
(3) ENVIRONMENTAL COMPLIANCE.— 
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5220 
(A) IN
GENERAL.—In implementing the 
agreement and this section, the Secretary shall 
comply with all applicable provisions of— 
(i) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
(ii) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
(iii) all other applicable environmental 
laws and regulations. 
(B) EXECUTION
OF
THE
AGREEMENT.— 
Execution of the agreement by the Secretary as 
provided for in this section shall not constitute 
a major Federal action under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
(d) NAVAJO WATER RIGHTS.— 
(1) CONFIRMATION OF NAVAJO WATER RIGHTS.— 
(A) QUANTIFICATION.—The Navajo Nation 
shall have the right to use water from water 
sources located within Utah and adjacent to or 
encompassed within the boundaries of the Res-
ervation resulting in depletions not to exceed 
81,500 acre-feet annually as described in the 
agreement and as confirmed in the decree entered 
by the general stream adjudication court. 
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(B) SATISFACTION OF ALLOTTEE RIGHTS.— 
Depletions resulting from the use of water on an 
allotment shall be accounted for as a depletion 
by the Navajo Nation for purposes of depletion 
accounting under the agreement, including rec-
ognition of— 
(i) any water use existing on an allot-
ment as of the date of enactment of this Act 
and as subsequently reflected in the hydro-
graphic survey report referenced in sub-
section (f)(2); 
(ii) reasonable domestic and stock 
water uses put into use on an allotment; 
and 
(iii) any allotment water rights that 
may be decreed in the general stream adju-
dication or other appropriate forum. 
(C) SATISFACTION
OF
ON-RESERVATION 
STATE LAW-BASED WATER RIGHTS.—Depletions 
resulting from the use of water on the Reserva-
tion pursuant to State law-based water rights ex-
isting as of the date of enactment of this Act 
shall be accounted for as depletions by the Nav-
ajo Nation for purposes of depletion accounting 
under the agreement. 
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(D) IN GENERAL.—The Navajo water rights 
are ratified, confirmed, and declared to be valid. 
(E) USE.—Any use of the Navajo water 
rights shall be subject to the terms and condi-
tions of the agreement and this section. 
(F) CONFLICT.—In the event of a conflict 
between the agreement and this section, the pro-
visions of this section shall control. 
(2) TRUST STATUS OF NAVAJO WATER RIGHTS.— 
The Navajo water rights— 
(A) shall be held in trust by the United 
States for the use and benefit of the Nation in 
accordance with the agreement and this section; 
and 
(B) shall not be subject to forfeiture or 
abandonment. 
(3) AUTHORITY OF THE NATION.— 
(A) IN GENERAL.—The Nation shall have 
the authority to allocate, distribute, and lease the 
Navajo water rights for any use on the Reserva-
tion in accordance with the agreement, this sec-
tion, and applicable Tribal and Federal law. 
(B) OFF-RESERVATION
USE.—The Nation 
may allocate, distribute, and lease the Navajo 
water rights for off-Reservation use in accord-
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5223 
ance with the agreement, subject to the approval 
of the Secretary. 
(C) ALLOTTEE
WATER
RIGHTS.—The Na-
tion shall not object in the general stream adju-
dication or other applicable forum to the quan-
tification of reasonable domestic and stock water 
uses on an allotment, and shall administer any 
water use on the Reservation in accordance with 
applicable Federal law, including recognition 
of— 
(i) any water use existing on an allot-
ment as of the date of enactment of this Act 
and as subsequently reflected in the hydro-
graphic survey report referenced in sub-
section (f)(2); 
(ii) reasonable domestic and stock 
water uses on an allotment; and 
(iii) any allotment water rights de-
creed in the general stream adjudication or 
other appropriate forum. 
(4) EFFECT.—Except as otherwise expressly pro-
vided in this subsection, nothing in this section— 
(A) authorizes any action by the Nation 
against the United States under Federal, State, 
Tribal, or local law; or 
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5224 
(B) alters or affects the status of any action 
brought pursuant to section 1491(a) of title 28, 
United States Code. 
(e) NAVAJO TRUST ACCOUNTS.— 
(1) ESTABLISHMENT.—The Secretary shall estab-
lish a trust fund, to be known as the ‘‘Navajo Utah 
Settlement Trust Fund’’ (referred to in this section as 
the ‘‘Trust Fund’’), to be managed, invested, and dis-
tributed by the Secretary and to remain available 
until expended, consisting of the amounts deposited in 
the Trust Fund under paragraph (3), together with 
any interest earned on those amounts, for the purpose 
of carrying out this section. 
(2) ACCOUNTS.—The Secretary shall establish in 
the Trust Fund the following Accounts (referred to in 
this subsection as the ‘‘Trust Fund Accounts’’): 
(A) The Navajo Water Development Projects 
Account. 
(B) The Navajo OM&R Account. 
(3) DEPOSITS.—The Secretary shall deposit in 
the Trust Fund Accounts— 
(A) in the Navajo Water Development 
Projects Account, the amounts made available 
pursuant to subsection (f)(1)(A); and 
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5225 
(B) in the Navajo OM&R Account, the 
amount made available pursuant to subsection 
(f)(1)(B). 
(4) MANAGEMENT AND INTEREST.— 
(A) MANAGEMENT.—Upon receipt and de-
posit of the funds into the Trust Fund Accounts, 
the Secretary shall manage, invest, and dis-
tribute all amounts in the Trust Fund in a man-
ner that is consistent with the investment au-
thority of the Secretary under— 
(i) the first section of the Act of June 
24, 1938 (25 U.S.C. 162a); 
(ii) the American Indian Trust Fund 
Management Reform Act of 1994 (25 U.S.C. 
4001 et seq.); and 
(iii) this subsection. 
(B) INVESTMENT
EARNINGS.—In addition 
to the deposits under paragraph (3), any invest-
ment earnings, including interest, credited to 
amounts held in the Trust Fund are authorized 
to be appropriated to be used in accordance with 
the uses described in paragraph (8). 
(5) AVAILABILITY OF AMOUNTS.—Amounts ap-
propriated to, and deposited in, the Trust Fund, in-
cluding any investment earnings, shall be made avail-
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5226 
able to the Nation by the Secretary beginning on the 
enforceability date and subject to the uses and restric-
tions set forth in this subsection. 
(6) WITHDRAWALS.— 
(A) WITHDRAWALS UNDER THE AMERICAN 
INDIAN TRUST FUND MANAGEMENT REFORM ACT 
OF 1994.—The Nation may withdraw any por-
tion of the funds in the Trust Fund on approval 
by the Secretary of a tribal management plan 
submitted by the Nation in accordance with the 
American Indian Trust Fund Management Re-
form Act of 1994 (25 U.S.C. 4001 et seq.). 
(i) REQUIREMENTS.—In addition to 
the requirements under the American In-
dian Trust Fund Management Reform Act 
of 1994 (25 U.S.C. 4001 et seq.), the tribal 
management plan under this subparagraph 
shall require that the Nation shall spend all 
amounts withdrawn from the Trust Fund 
and any investment earnings accrued 
through the investments under the Tribal 
management plan in accordance with this 
section. 
(ii) 
ENFORCEMENT.—The 
Secretary 
may carry out such judicial and adminis-
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5227 
trative actions as the Secretary determines 
to be necessary to enforce the Tribal man-
agement plan to ensure that amounts with-
drawn by the Nation from the Trust Fund 
under this subparagraph are used in ac-
cordance with this section. 
(B) WITHDRAWALS
UNDER
EXPENDITURE 
PLAN.—The Nation may submit to the Secretary 
a request to withdraw funds from the Trust 
Fund pursuant to an approved expenditure 
plan. 
(i) REQUIREMENTS.—To be eligible to 
withdraw funds under an expenditure plan 
under this subparagraph, the Nation shall 
submit to the Secretary for approval an ex-
penditure plan for any portion of the Trust 
Fund that the Nation elects to withdraw 
pursuant to this subparagraph, subject to 
the condition that the funds shall be used 
for the purposes described in this section. 
(ii) 
INCLUSIONS.—An 
expenditure 
plan under this subparagraph shall include 
a description of the manner and purpose for 
which the amounts proposed to be with-
drawn from the Trust Fund will be used by 
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5228 
the Nation, in accordance with paragraphs 
(3) and (8). 
(iii) APPROVAL.—On receipt of an ex-
penditure plan under this subparagraph, 
the Secretary shall approve the plan, if the 
Secretary determines that the plan— 
(I) is reasonable; 
(II) is consistent with, and will be 
used for, the purposes of this section; 
and 
(III) contains a schedule which 
describes that tasks will be completed 
within 18 months of receipt of with-
drawn amounts. 
(iv) ENFORCEMENT.—The Secretary 
may carry out such judicial and adminis-
trative actions as the Secretary determines 
to be necessary to enforce an expenditure 
plan to ensure that amounts disbursed 
under this subparagraph are used in ac-
cordance with this section. 
(7) EFFECT OF TITLE.—Nothing in this section 
gives the Nation the right to judicial review of a de-
termination of the Secretary regarding whether to ap-
prove a Tribal management plan or an expenditure 
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5229 
plan except under subchapter II of chapter 5, and 
chapter 7, of title 5, United States Code (commonly 
known as the ‘‘Administrative Procedure Act’’). 
(8) USES.—Amounts from the Trust Fund shall 
be used by the Nation for the following purposes: 
(A) The Navajo Water Development Projects 
Account shall be used to plan, design, and con-
struct the Navajo water development projects and 
for the conduct of related activities, including to 
comply with Federal environmental laws. 
(B) The Navajo OM&R Account shall be 
used for the operation, maintenance, and re-
placement of the Navajo water development 
projects. 
(9) LIABILITY.—The Secretary and the Secretary 
of the Treasury shall not be liable for the expenditure 
or investment of any amounts withdrawn from the 
Trust Fund by the Nation under paragraph (6). 
(10) NO PER CAPITA DISTRIBUTIONS.—No por-
tion of the Trust Fund shall be distributed on a per 
capita basis to any member of the Nation. 
(11) EXPENDITURE REPORTS.—The Navajo Na-
tion shall submit to the Secretary annually an ex-
penditure report describing accomplishments and 
amounts spent from use of withdrawals under a Trib-
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5230 
al management plan or an expenditure plan as de-
scribed in this section. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) AUTHORIZATION.—There are authorized to be 
appropriated to the Secretary— 
(A) for deposit in the Navajo Water Devel-
opment Projects Account of the Trust Fund es-
tablished 
under 
subsection 
(e)(2)(A), 
$198,300,000, which funds shall be retained until 
expended, withdrawn, or reverted to the general 
fund of the Treasury; and 
(B) for deposit in the Navajo OM&R Ac-
count of the Trust Fund established under sub-
section (e)(2)(B), $11,100,000, which funds shall 
be retained until expended, withdrawn, or re-
verted to the general fund of the Treasury. 
(2) IMPLEMENTATION COSTS.—There is author-
ized to be appropriated non-trust funds in the 
amount of $1,000,000 to assist the United States with 
costs associated with the implementation of this sec-
tion, including the preparation of a hydrographic 
survey of historic and existing water uses on the Res-
ervation and on allotments. 
(3) STATE COST SHARE.—The State shall con-
tribute $8,000,000 payable to the Secretary for de-
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5231 
posit into the Navajo Water Development Projects Ac-
count of the Trust Fund established under subsection 
(e)(2)(A) in installments in each of the 3 years fol-
lowing the execution of the agreement by the Sec-
retary as provided for in subsection (c)(2). 
(4) FLUCTUATION IN COSTS.—The amount au-
thorized to be appropriated under paragraph (1) shall 
be increased or decreased, as appropriate, by such 
amounts as may be justified by reason of ordinary 
fluctuations in costs occurring after the date of enact-
ment of this Act as indicated by the Bureau of Rec-
lamation Construction Cost Index—Composite Trend. 
(A) REPETITION.—The adjustment process 
under this paragraph shall be repeated for each 
subsequent 
amount 
appropriated 
until 
the 
amount authorized, as adjusted, has been appro-
priated. 
(B) PERIOD OF INDEXING.—The period of 
indexing adjustment for any increment of fund-
ing shall end on the date on which funds are de-
posited into the Trust Fund. 
(g) CONDITIONS PRECEDENT.— 
(1) IN GENERAL.—The waivers and releases con-
tained in subsection (h) shall become effective as of 
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5232 
the date the Secretary causes to be published in the 
Federal Register a statement of findings that— 
(A) to the extent that the agreement con-
flicts with this section, the agreement has been 
revised to conform with this section; 
(B) the agreement, so revised, including 
waivers and releases of claims set forth in sub-
section (h), has been executed by the parties, in-
cluding the United States; 
(C) Congress has fully appropriated, or the 
Secretary has provided from other authorized 
sources, all funds authorized under subsection 
(f)(1); 
(D) the State has enacted any necessary leg-
islation and provided the funding required under 
the agreement and subsection (f)(3); and 
(E) the court has entered a final or inter-
locutory decree that— 
(i) confirms the Navajo water rights 
consistent with the agreement and this sec-
tion; and 
(ii) with respect to the Navajo water 
rights, is final and nonappealable. 
(2) EXPIRATION
DATE.—If all the conditions 
precedent described in paragraph (1) have not been 
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5233 
fulfilled to allow the Secretary’s statement of findings 
to be published in the Federal Register by October 31, 
2030— 
(A) the agreement and this section, includ-
ing waivers and releases of claims described in 
those documents, shall no longer be effective; 
(B) any funds that have been appropriated 
pursuant to subsection (f) but not expended, in-
cluding any investment earnings on funds that 
have been appropriated pursuant to such sub-
section, shall immediately revert to the general 
fund of the Treasury; and 
(C) any funds contributed by the State pur-
suant to subsection (f)(3) but not expended shall 
be returned immediately to the State. 
(3) EXTENSION.—The expiration date set forth 
in paragraph (2) may be extended if the Navajo Na-
tion, the State, and the United States (acting through 
the Secretary) agree that an extension is reasonably 
necessary. 
(h) WAIVERS AND RELEASES.— 
(1) IN GENERAL.— 
(A) WAIVER AND RELEASE OF CLAIMS BY 
THE NATION AND THE UNITED STATES ACTING IN 
ITS CAPACITY AS TRUSTEE FOR THE NATION.— 
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5234 
Subject to the retention of rights set forth in 
paragraph (3), in return for confirmation of the 
Navajo water rights and other benefits set forth 
in the agreement and this section, the Nation, on 
behalf of itself and the members of the Nation 
(other than members in their capacity as 
allottees), and the United States, acting as trust-
ee for the Nation and members of the Nation 
(other than members in their capacity as 
allottees), are authorized and directed to execute 
a waiver and release of— 
(i) all claims for water rights within 
Utah based on any and all legal theories 
that the Navajo Nation or the United States 
acting in its trust capacity for the Nation, 
asserted, or could have asserted, at any time 
in any proceeding, including to the general 
stream adjudication, up to and including 
the enforceability date, except to the extent 
that such rights are recognized in the agree-
ment and this section; and 
(ii) all claims for damages, losses, or 
injuries to water rights or claims of inter-
ference with, diversion, or taking of water 
rights (including claims for injury to lands 
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5235 
resulting from such damages, losses, inju-
ries, interference with, diversion, or taking 
of water rights) within Utah against the 
State, or any person, entity, corporation, or 
municipality, that accrued at any time up 
to and including the enforceability date. 
(2) CLAIMS
BY
THE
NAVAJO
NATION
AGAINST 
THE UNITED STATES.—The Navajo Nation, on behalf 
of itself (including in its capacity as allottee) and its 
members (other than members in their capacity as 
allottees), shall execute a waiver and release of— 
(A) all claims the Navajo Nation may have 
against the United States relating in any man-
ner to claims for water rights in, or water of, 
Utah that the United States acting in its trust 
capacity for the Nation asserted, or could have 
asserted, in any proceeding, including the gen-
eral stream adjudication; 
(B) all claims the Navajo Nation may have 
against the United States relating in any man-
ner to damages, losses, or injuries to water, 
water rights, land, or other resources due to loss 
of water or water rights (including damages, 
losses, or injuries to hunting, fishing, gathering, 
or cultural rights due to loss of water or water 
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5236 
rights; claims relating to interference with, di-
version, or taking of water; or claims relating to 
failure to protect, acquire, replace, or develop 
water or water rights) within Utah that first ac-
crued at any time up to and including the en-
forceability date; 
(C) all claims the Nation may have against 
the United States relating in any manner to the 
litigation of claims relating to the Nation’s 
water rights in proceedings in Utah; and 
(D) all claims the Nation may have against 
the United States relating in any manner to the 
negotiation, execution, or adoption of the agree-
ment or this section. 
(3) RESERVATION OF RIGHTS AND RETENTION 
OF CLAIMS BY THE NAVAJO NATION AND THE UNITED 
STATES.—Notwithstanding the waivers and releases 
authorized in this section, the Navajo Nation, and the 
United States acting in its trust capacity for the Na-
tion, retain— 
(A) all claims for injuries to and the en-
forcement of the agreement and the final or in-
terlocutory decree entered in the general stream 
adjudication, through such legal and equitable 
remedies as may be available in the decree court 
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5237 
or the Federal District Court for the District of 
Utah; 
(B) all rights to use and protect water 
rights acquired after the enforceability date; 
(C) all claims relating to activities affecting 
the quality of water, including any claims under 
the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.) (including claims for dam-
ages to natural resources), the Safe Drinking 
Water Act (42 U.S.C. 300f et seq.), and the Fed-
eral Water Pollution Control Act (33 U.S.C. 
1251 et seq.), the regulations implementing those 
Acts, and the common law; 
(D) all claims for water rights, and claims 
for injury to water rights, in States other than 
the State of Utah; 
(E) all claims, including environmental 
claims, under any laws (including regulations 
and common law) relating to human health, 
safety, or the environment; and 
(F) all rights, remedies, privileges, immuni-
ties, and powers not specifically waived and re-
leased pursuant to the agreement and this sec-
tion. 
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5238 
(4) EFFECT.—Nothing in the agreement or this 
section— 
(A) affects the ability of the United States 
acting in its sovereign capacity to take actions 
authorized by law, including any laws relating 
to health, safety, or the environment, including 
the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.), the Safe Drinking Water 
Act (42 U.S.C. 300f et seq.), the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.), 
the Solid Waste Disposal Act (42 U.S.C. 6901 et 
seq.), and the regulations implementing those 
laws; 
(B) affects the ability of the United States 
to take actions in its capacity as trustee for any 
other Indian Tribe or allottee; 
(C) confers jurisdiction on any State court 
to— 
(i) interpret Federal law regarding 
health, safety, or the environment or deter-
mine the duties of the United States or 
other parties pursuant to such Federal law; 
and 
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5239 
(ii) conduct judicial review of Federal 
agency action; or 
(D) modifies, conflicts with, preempts, or 
otherwise affects— 
(i) the Boulder Canyon Project Act (43 
U.S.C. 617 et seq.); 
(ii) the Boulder Canyon Project Ad-
justment Act (43 U.S.C. 618 et seq.); 
(iii) the Act of April 11, 1956 (com-
monly known as the ‘‘Colorado River Stor-
age Project Act’’) (43 U.S.C. 620 et seq.); 
(iv) the Colorado River Basin Project 
Act (43 U.S.C. 1501 et seq.); 
(v) the Treaty between the United 
States of America and Mexico respecting 
utilization of waters of the Colorado and 
Tijuana Rivers and of the Rio Grande, 
signed at Washington February 3, 1944 (59 
Stat. 1219); 
(vi) the Colorado River Compact of 
1922, as approved by the Presidential Proc-
lamation of June 25, 1929 (46 Stat. 3000); 
and 
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5240 
(vii) the Upper Colorado River Basin 
Compact as consented to by the Act of April 
6, 1949 (63 Stat. 31, chapter 48). 
(5) TOLLING OF CLAIMS.— 
(A) IN GENERAL.—Each applicable period 
of limitation and time-based equitable defense re-
lating to a claim waived by the Navajo Nation 
described in this subsection shall be tolled for the 
period beginning on the date of enactment of this 
Act and ending on the enforceability date. 
(B) EFFECT OF PARAGRAPH.—Nothing in 
this paragraph revives any claim or tolls any 
period of limitation or time-based equitable de-
fense that expired before the date of enactment of 
this Act. 
(C) LIMITATION.—Nothing in this sub-
section precludes the tolling of any period of lim-
itations or any time-based equitable defense 
under any other applicable law. 
(i) MISCELLANEOUS PROVISIONS.— 
(1) PRECEDENT.—Nothing in this section estab-
lishes any standard for the quantification or litiga-
tion of Federal reserved water rights or any other In-
dian water claims of any other Indian Tribe in any 
other judicial or administrative proceeding. 
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5241 
(2) OTHER
INDIAN
TRIBES.—Nothing in the 
agreement or this section shall be construed in any 
way to quantify or otherwise adversely affect the 
water rights, claims, or entitlements to water of any 
Indian Tribe, band, or community, other than the 
Navajo Nation. 
(j) RELATION TO ALLOTTEES.— 
(1) NO EFFECT ON CLAIMS OF ALLOTTEES.— 
Nothing in this section or the agreement shall affect 
the rights or claims of allottees, or the United States, 
acting in its capacity as trustee for or on behalf of 
allottees, for water rights or damages related to lands 
allotted by the United States to allottees, except as 
provided in subsection (d)(1)(B). 
(2) RELATIONSHIP OF DECREE TO ALLOTTEES.— 
Allottees, or the United States, acting in its capacity 
as trustee for allottees, are not bound by any decree 
entered in the general stream adjudication confirming 
the Navajo water rights and shall not be precluded 
from making claims to water rights in the general 
stream adjudication. Allottees, or the United States, 
acting in its capacity as trustee for allottees, may 
make claims and such claims may be adjudicated as 
individual water rights in the general stream adju-
dication. 
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5242 
(k) ANTIDEFICIENCY.—The United States shall not be 
liable for any failure to carry out any obligation or activity 
authorized by this section (including any obligation or ac-
tivity under the agreement) if adequate appropriations are 
not provided expressly by Congress to carry out the pur-
poses of this section. 
SEC. 1103. AAMODT LITIGATION SETTLEMENT COMPLE-
TION. 
(a) DEFINITION OF 611(g) AGREEMENT.—Section 602 
of the Aamodt Litigation Settlement Act (Public Law 111– 
291; 124 Stat. 3134) is amended— 
(1) by redesignating paragraphs (1) through (23) 
as paragraphs (2) through (24), respectively; and 
(2) by inserting before paragraph (2) (as so re-
designated) the following: 
‘‘(1) 611(g)
AGREEMENT.—The term ‘611(g) 
Agreement’ means the agreement dated September 17, 
2019, executed by the United States, the State, the 
Pueblos, the County, and the City pursuant to section 
611(g).’’. 
(b) FINAL PROJECT DESIGN.—Section 611(b) of the 
Aamodt Litigation Settlement Act (Public Law 111–291; 
124 Stat. 3137) is amended, in the matter preceding para-
graph (1), by striking ‘‘within 90 days of’’ and inserting 
‘‘as soon as feasible after’’. 
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5243 
(c) CONSTRUCTION COSTS FOR PUEBLO WATER FA-
CILITIES.—Section 611(f) of the Aamodt Litigation Settle-
ment Act (Public Law 111–291; 124 Stat. 3138) is amend-
ed— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘ 
$106,400,000’’ and inserting ‘‘ $243,400,000’’; 
and 
(B) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) EXCEPTION.—Of the amount described 
in subparagraph (A)— 
‘‘(i) the initial $106,400,000 shall be 
increased or decreased, as appropriate, 
based on ordinary fluctuations in construc-
tion costs since October 1, 2006, as deter-
mined using applicable engineering cost in-
dices; and 
‘‘(ii) any amounts made available in 
excess of the amount described in clause (i) 
shall be increased or decreased, as appro-
priate, based on ordinary fluctuations in 
construction costs since October 1, 2018, as 
determined using applicable engineering 
cost indices.’’; and 
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(2) in paragraph (3), by inserting ‘‘and the 
611(g) Agreement’’ after ‘‘the Cost-Sharing and Sys-
tem Integration Agreement’’. 
(d) FUNDING FOR REGIONAL WATER SYSTEM.—Sec-
tion 617(a)(1)(B) of the Aamodt Litigation Settlement Act 
(Public Law 111–291; 124 Stat. 3147) is amended— 
(1) by striking the period at the end and insert-
ing ‘‘; and’’; 
(2) by striking ‘‘section 616 $50,000,000’’ and 
inserting the following: ‘‘section 616— 
‘‘(i) $50,000,000’’; and 
(3) by adding at the end the following: 
‘‘(ii) subject to the availability of ap-
propriations 
and 
in 
addition 
to 
the 
amounts made available under clause (i), 
$137,000,000, as adjusted under paragraph 
(4), for the period of fiscal years 2021 
through 2028.’’. 
(e) ADJUSTMENT.—Section 617(a)(4) of the Aamodt 
Litigation Settlement Act (Public Law 111–291; 124 Stat. 
3147) is amended by striking ‘‘since October 1, 2006, as 
determined using applicable engineering cost indices’’ and 
inserting ‘‘pursuant to section 611(f)(1)(B)’’. 
(f) EXECUTION
OF AGREEMENT UNDER SECTION 
611(g).—Section 621 of the Aamodt Litigation Settlement 
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Act (Public Law 111–291; 124 Stat. 3149) is amended by 
striking subsections (a) and (b) and inserting the following: 
‘‘(a) APPROVAL.—To the extent the Settlement Agree-
ment, the Cost-Sharing and System Integration Agreement, 
and the 611(g) Agreement do not conflict with this title, 
the Settlement Agreement, the Cost-Sharing and System In-
tegration Agreement, and the 611(g) Agreement (including 
any amendments to the Settlement Agreement, the Cost- 
Sharing and System Integration Agreement, and the 611(g) 
Agreement that are executed to make the Settlement Agree-
ment, the Cost-Sharing and System Integration Agreement, 
or the 611(g) Agreement consistent with this title) are au-
thorized, ratified, and confirmed. 
‘‘(b) EXECUTION.—To the extent the Settlement Agree-
ment, the Cost-Sharing and System Integration Agreement, 
and the 611(g) Agreement do not conflict with this title, 
the Secretary shall execute the Settlement Agreement, the 
Cost-Sharing and System Integration Agreement, and the 
611(g) Agreement (including any amendments that are nec-
essary to make the Settlement Agreement, the Cost-Sharing 
and System Integration Agreement, or the 611(g) Agree-
ment consistent with this title).’’. 
(g) REQUIREMENTS FOR DETERMINATION OF SUB-
STANTIAL COMPLETION OF THE REGIONAL WATER SYS-
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5246 
TEM.—Section 623(e) of the Aamodt Litigation Settlement 
Act (Public Law 111–291; 124 Stat. 3151) is amended— 
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) CRITERIA FOR SUBSTANTIAL COMPLETION 
OF REGIONAL WATER SYSTEM.—Subject to the provi-
sions of section 611(d) concerning the extent, size, and 
capacity of the County Distribution System, the Re-
gional Water System shall be determined to be sub-
stantially completed if— 
‘‘(A) the infrastructure has been constructed 
capable of— 
‘‘(i) diverting, treating, transmitting, 
and distributing a supply of 2,500 acre-feet 
of water to the Pueblos consistent with the 
Engineering Report (as amended by the 
611(g) Agreement and the Operating Agree-
ment); and 
‘‘(ii) diverting, treating, and transmit-
ting the quantity of water specified in the 
Engineering Report to the County Distribu-
tion System and consistent with the Engi-
neering Report (as amended by the 611(g) 
Agreement and the Operating Agreement); 
or 
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‘‘(B) the Secretary— 
‘‘(i) issues a notice to proceed author-
izing the commencement of Phase I con-
struction of the Regional Water System by 
December 31, 2019, and subsequently com-
mences construction of the Regional Water 
System; 
‘‘(ii) diligently proceeds to construct 
the Regional Water System in accordance 
with the Engineering Report (as amended 
by the 611(g) Agreement), on a schedule for 
completion by June 30, 2028; 
‘‘(iii) expends all of the available fund-
ing provided to construct the Regional 
Water System under section 611(f)(1)(A), in 
the Cost-Sharing and System Integration 
Agreement, and in the 611(g) Agreement; 
‘‘(iv) complies with the terms of the 
611(g) Agreement; and 
‘‘(v) despite diligent efforts cannot 
complete construction of the Regional Water 
System as described in the final Engineer-
ing Report (as amended by the 611(g) 
Agreement), due solely to the lack of addi-
tional authorized funding.’’; 
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(2) in paragraph (2)— 
(A) by striking ‘‘2021’’ and inserting 
‘‘2025’’; and 
(B) by striking ‘‘2024’’ and inserting 
‘‘2028’’; 
(3) in paragraph (3), in the matter preceding 
subparagraph (A), by striking ‘‘2021’’ and inserting 
‘‘2025’’; 
(4) in paragraph (4)(B)(ii)(II), by striking 
‘‘2023’’ and inserting ‘‘2027’’; and 
(5) in paragraph (5)(A), by striking ‘‘2024’’ and 
inserting ‘‘2028’’. 
SEC. 1104. KICKAPOO TRIBE. 
(a) DEFINITION OF UPPER DELAWARE AND TRIBU-
TARIES WATERSHED PLAN.—In this section, the term 
‘‘Upper Delaware and Tributaries Watershed Plan’’ means 
the plan described in the document entitled ‘‘Watershed 
Plan and Environmental Impact Statement Upper Dela-
ware and Tributaries Watershed Atchison, Brown, Jackson, 
and Nemaha Counties, Kansas’’, dated January 1994, and 
supplemented in June 1994— 
(1) developed, pursuant to the Watershed Protec-
tion and Flood Prevention Act (16 U.S.C. 1001 et 
seq.)— 
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5249 
(A) by the Kickapoo Tribe, certain water-
shed and conservation districts in the State of 
Kansas, and the Department of Wildlife and 
Parks of the State of Kansas; and 
(B) with the cooperation and technical as-
sistance of the Natural Resources Conservation 
Service; and 
(2) described in the report of the Committee on 
Environment and Public Works of the Senate (Senate 
Report 105–13; April 22, 1997). 
(b) STUDY; RECOMMENDATIONS.—To support the pur-
poses of achieving a fair, equitable, and final settlement of 
claims to water rights for the Kickapoo Tribe in the State 
of Kansas, the Secretary of Agriculture (acting through the 
Chief of the Natural Resources Conservation Service), in 
consultation with the Secretary of the Interior (acting 
through the Director of the Secretary’s Indian Water Rights 
Office), shall— 
(1) commence a study of the multipurpose dam 
described in the Upper Delaware and Tributaries Wa-
tershed Plan; and 
(2) not later than 2 years after the date of enact-
ment of this Act, make recommendations to Congress 
with respect to the material alterations or changes to 
the Upper Delaware and Tributaries Watershed Plan 
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5250 
that are necessary to effectuate, in part, the Tribal 
water rights agreed to by the Kickapoo Tribe and the 
State of Kansas on September 9, 2016, in the Kick-
apoo Tribe Water Rights Settlement Agreement, which 
otherwise remains subject to approval and authoriza-
tion by Congress. 
SEC. 1105. AQUIFER RECHARGE FLEXIBILITY. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Aquifer Recharge Flexibility Act’’. 
(b) DEFINITIONS.—In this Act: 
(1) BUREAU.—The term ‘‘Bureau’’ means the 
Bureau of Reclamation. 
(2) COMMISSIONER.—The term ‘‘Commissioner’’ 
means the Commissioner of Reclamation. 
(3) ELIGIBLE LAND.—The term ‘‘eligible land’’, 
with respect to a Reclamation project, means land 
that— 
(A) is authorized to receive water under 
State law; and 
(B) shares an aquifer with land located in 
the service area of the Reclamation project. 
(4) NET WATER STORAGE BENEFIT.—The term 
‘‘net water storage benefit’’ means an increase in the 
volume of water that is— 
(A) stored in 1 or more aquifers; and 
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5251 
(B)(i) available for use within the author-
ized service area of a Reclamation project; or 
(ii) stored on a long-term basis to avoid or 
reduce groundwater overdraft. 
(5) RECLAMATION
FACILITY.—The term ‘‘Rec-
lamation facility’’ means each of the infrastructure 
assets that are owned by the Bureau at a Reclama-
tion project. 
(6) RECLAMATION
PROJECT.—The term ‘‘Rec-
lamation project’’ means any reclamation or irriga-
tion project, including incidental features thereof, au-
thorized by Federal reclamation law or the Act of Au-
gust 11, 1939 (commonly known as the ‘‘Water Con-
servation and Utilization Act’’) (53 Stat. 1418, chap-
ter 717; 16 U.S.C. 590y et seq.), or constructed by the 
United States pursuant to such law, or in connection 
with which there is a repayment or water service con-
tract executed by the United States pursuant to such 
law, or any project constructed by the Secretary 
through the Bureau for the reclamation of land. 
(c) FLEXIBILITY TO ALLOW GREATER AQUIFER RE-
CHARGE IN WESTERN STATES.— 
(1) USE OF RECLAMATION FACILITIES.— 
(A) IN GENERAL.—The Commissioner may 
allow the use of excess capacity in Reclamation 
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5252 
facilities for aquifer recharge of non-Reclamation 
project water, subject to applicable rates, charges, 
and public participation requirements, on the 
condition that— 
(i) the use— 
(I) shall not be implemented in a 
manner that is detrimental to— 
(aa) any power service or 
water contract for the Reclama-
tion project; or 
(bb) any obligations for fish, 
wildlife, or water quality protec-
tion applicable to the Reclamation 
project; 
(II) shall be consistent with water 
quality guidelines for the Reclamation 
project; 
(III) shall comply with all appli-
cable— 
(aa) Federal laws; and 
(bb) policies of the Bureau; 
and 
(IV) shall comply with all appli-
cable State laws and policies; and 
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5253 
(ii) the non-Federal party to an exist-
ing contract for water or water capacity in 
a Reclamation facility consents to the use of 
the Reclamation facility under this sub-
section. 
(B) EFFECT
ON
EXISTING
CONTRACTS.— 
Nothing in this subsection affects a contract— 
(i) in effect on the date of enactment of 
this Act; and 
(ii) under which the use of excess ca-
pacity in a Bureau conveyance facility for 
carriage of non-Reclamation project water 
for aquifer recharge is allowed. 
(2) AQUIFER RECHARGE ON ELIGIBLE LAND.— 
(A) IN
GENERAL.—Subject to subpara-
graphs (C) and (D), the Secretary may contract 
with a holder of a water service or repayment 
contract for a Reclamation project to allow the 
contractor, in accordance with applicable State 
laws and policies— 
(i) to directly use water available 
under the contract for aquifer recharge on 
eligible land; or 
(ii) to enter into an agreement with an 
individual or entity to transfer water avail-
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5255 
(D) REQUIREMENTS.—The use of Reclama-
tion facilities for the use or transfer of water for 
aquifer recharge under this subsection shall be 
subject to the requirements that— 
(i) the use or transfer shall not be im-
plemented in a manner that materially im-
pacts any power service or water contract 
for the Reclamation project; and 
(ii) before the use or transfer, the Sec-
retary shall determine that the use or trans-
fer— 
(I) results in a net water storage 
benefit for the Reclamation project; or 
(II) contributes to the recharge of 
an aquifer on eligible land; and 
(iii) the use or transfer complies with 
all applicable— 
(I) Federal laws and policies; and 
(II) interstate water compacts. 
(3) CONVEYANCE FOR AQUIFER RECHARGE PUR-
POSES.—The holder of a right-of-way, easement, per-
mit, or other authorization to transport water across 
public land administered by the Bureau of Land 
Management may transport water for aquifer re-
charge purposes without requiring additional author-
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5256 
ization from the Secretary where the use does not ex-
pand or modify the operation of the right-of-way, 
easement, permit, or other authorization across public 
land. 
(4) EFFECT.—Nothing in this Act creates, im-
pairs, alters, or supersedes a Federal or State water 
right. 
(5) EXEMPTION.—This Act shall not apply to the 
State of California. 
(6) ADVISORY GROUP.—The Secretary may par-
ticipate in any State-led collaborative, multi-stake-
holder advisory group created in any watershed the 
purpose of which is to monitor, review, and assess aq-
uifer recharge activities. 
SEC. 1106. WATERSMART EXTENSION AND EXPANSION. 
(a) DEFINITION OF ELIGIBLE APPLICANT.—Section 
9502 of the Omnibus Public Land Management Act of 2009 
(42 U.S.C. 10362) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘section’’ and inserting ‘‘subtitle’’; 
(2) by striking paragraph (7) and inserting the 
following: 
‘‘(7) ELIGIBLE APPLICANT.—The term ‘eligible 
applicant’ means— 
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5257 
‘‘(A) any State, Indian tribe, irrigation dis-
trict, or water district; 
‘‘(B) any State, regional, or local authority, 
the members of which include 1 or more organi-
zations with water or power delivery authority; 
‘‘(C) any other organization with water or 
power delivery authority; and 
‘‘(D) any nonprofit conservation organiza-
tion, if— 
‘‘(i) the nonprofit conservation organi-
zation is acting in partnership with and 
with the agreement of an entity described in 
subparagraph (A), (B), or (C); or 
‘‘(ii) in the case of an application for 
a project to improve the condition of a nat-
ural feature or nature-based feature on Fed-
eral land, the entities described in subpara-
graph (A), (B), or (C) from the applicable 
service area have been notified of the project 
application and there is no written objec-
tion to the project.’’; 
(3) in paragraph (10), by striking ‘‘450b’’ and 
inserting ‘‘5304’’; 
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5258 
(4) by redesignating paragraphs (13) through 
(17) as paragraphs (15) through (19), respectively; 
and 
(5) by inserting after paragraph (12) the fol-
lowing: 
‘‘(13) NATURAL
FEATURE.—The term ‘natural 
feature’ means a feature that is created through the 
action of physical, geological, biological, and chemical 
processes over time. 
‘‘(14) NATURE-BASED FEATURE.—The term ‘na-
ture-based feature’ means a feature that is created by 
human design, engineering, and construction to pro-
vide a means to reduce water supply and demand im-
balances or drought or flood risk by acting in concert 
with natural processes.’’. 
(b) GRANTS AND COOPERATIVE AGREEMENTS.—Sec-
tion 9504(a) of the Omnibus Public Land Management Act 
of 2009 (42 U.S.C. 10364(a)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘or carrying out any activity’’ 
after ‘‘any improvement’’; 
(B) by redesignating subparagraphs (F), 
(G), and (H) as subparagraphs (G), (H), and 
(J), respectively; 
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5259 
(C) by inserting after subparagraph (E) the 
following: 
‘‘(F) to assist States and water users in 
complying with interstate compacts or reducing 
basin water supply-demand imbalances;’’; 
(D) in subparagraph (G) (as so redesig-
nated), by striking ‘‘to prevent’’ and inserting 
‘‘to achieve the prevention of’’; 
(E) in subparagraph (H) (as so redesig-
nated)— 
(i) by striking ‘‘to accelerate’’ and in-
serting ‘‘to achieve the acceleration of’’; and 
(ii) by striking ‘‘or’’ at the end; 
(F) by inserting after subparagraph (H) (as 
so redesignated) the following: 
‘‘(I) to improve the condition of a natural 
feature; or’’; and 
(G) in subparagraph (J) (as so redesig-
nated)— 
(i) in clause (i), by striking ‘‘or’’ at 
the end; 
(ii) in clause (ii), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(iii) by adding at the end the fol-
lowing: 
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5260 
‘‘(iii) to plan for or address the im-
pacts of drought.’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) in clause (ii), by striking ‘‘or’’; 
(ii) in clause (iii), by striking ‘‘and’’ 
and inserting ‘‘or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iv) the Commonwealth of Puerto 
Rico; and’’; and 
(B) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) submit to the Secretary an application 
that includes— 
‘‘(i) a proposal of the improvement or 
activity to be planned, designed, con-
structed, or implemented by the eligible ap-
plicant; and 
‘‘(ii) for a project that is intended to 
have a quantifiable water savings and 
would receive a grant of $500,000 or 
more— 
‘‘(I) a proposal for a monitoring 
plan of at least 5 years that would 
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5261 
demonstrate ways in which the pro-
posed improvement or activity would 
result in improved streamflows or 
aquatic habitat; or 
‘‘(II) for a project that does not 
anticipate improved streamflows or 
aquatic habitat, an analysis of ways 
in which the proposed improvement or 
activity would contribute to 1 or more 
of the other objectives described in 
paragraph (1).’’; 
(3) in paragraph (3)(E), by striking clause (i) 
and inserting the following: 
‘‘(i) FEDERAL SHARE.— 
‘‘(I) IN GENERAL.—Except as pro-
vided in subclause (II), the Federal 
share of the cost of any infrastructure 
improvement or activity that is the 
subject of a grant or other agreement 
entered into between the Secretary and 
an eligible applicant under paragraph 
(1) shall not exceed 50 percent of the 
cost of the infrastructure improvement 
or activity. 
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5262 
‘‘(II) INCREASED FEDERAL SHARE 
FOR
CERTAIN
INFRASTRUCTURE
IM-
PROVEMENTS
AND
ACTIVITIES.—The 
Federal share of the cost of an infra-
structure improvement or activity shall 
not exceed 75 percent of the cost of the 
infrastructure improvement or activ-
ity, if— 
‘‘(aa) the infrastructure im-
provement or activity was devel-
oped as part of a collaborative 
process by— 
‘‘(AA) 
a 
watershed 
group (as defined in section 
6001); or 
‘‘(BB) a water user and 
1 or more stakeholders with 
diverse interests; and 
‘‘(bb) the majority of the ben-
efits of the infrastructure improve-
ment or activity, as determined 
by the Secretary, are for the pur-
pose of advancing 1 or more com-
ponents of an established strategy 
or plan to increase the reliability 
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5263 
of water supply for consumptive 
and 
nonconsumptive 
ecological 
values.’’; and 
(4) by adding at the end the following: 
‘‘(4) PRIORITY.—In providing grants to, and en-
tering into agreements for, projects intended to have 
a quantifiable water savings under this subsection, 
the Secretary shall give priority to projects that en-
hance drought resilience by benefitting the water sup-
ply and ecosystem.’’. 
(c) RESEARCH AGREEMENTS.—Section 9504(b)(1) of 
the Omnibus Public Land Management Act of 2009 (42 
U.S.C. 10364(b)(1)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘or organization with water or power de-
livery authority’’ and inserting ‘‘or eligible appli-
cant’’; 
(2) in subparagraph (B), by striking ‘‘or’’ at the 
end; 
(3) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(4) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) to restore a natural feature or use a 
nature-based feature to reduce water supply and 
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5264 
demand imbalances or the risk of drought or 
flood; or’’. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—Section 
9504(e) of the Omnibus Public Land Management Act of 
2009 (42 U.S.C. 10364(e)) is amended by striking ‘‘ 
$530,000,000’’ and inserting ‘‘ $700,000,000, subject to the 
condition that $50,000,000 of that amount shall be used to 
carry out section 206 of the Energy and Water Development 
and Related Agencies Appropriations Act, 2015 (43 U.S.C. 
620 note; Public Law 113–235)’’. 
(e) CONFORMING AMENDMENT.—Section 4009(d) of 
Public Law 114–322 (42 U.S.C. 10364 note) is amended 
by striking ‘‘on the condition that of that amount, 
$50,000,000 of it is used to carry out section 206 of the 
Energy and Water Development and Related Agencies Ap-
propriations Act, 2015 (43 U.S.C. 620 note; Public Law 
113–235)’’. 
SEC. 1107. COOPERATIVE WATERSHED MANAGEMENT PRO-
GRAM. 
(a) DEFINITIONS.—Section 6001 of the Omnibus Pub-
lic Land Management Act of 2009 (16 U.S.C. 1015) is 
amended— 
(1) by redesignating paragraphs (2) through (6) 
as paragraphs (3) through (7), respectively; 
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(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) DISADVANTAGED
COMMUNITY.—The term 
‘disadvantaged community’ means a community (in-
cluding a city, town, county, or reasonably isolated 
and divisible segment of a larger municipality) with 
an annual median household income that is less than 
100 percent of the statewide annual median household 
income for the State in which the community is lo-
cated, according to the most recent decennial census.’’; 
(3) in paragraph (6)(B)(i) (as so redesig-
nated)— 
(A) in subclause (VIII), by striking ‘‘and’’ 
at the end; 
(B) in subclause (IX), by adding ‘‘and’’ 
after the semicolon at the end; and 
(C) by adding at the end the following: 
‘‘(X) disadvantaged communities;’’; and 
(4) in paragraph (7)(C) (as so redesignated), by 
inserting ‘‘, including benefits to fisheries, wildlife, or 
habitat’’ after ‘‘river or stream’’. 
(b) APPLICATION.—Section 6002 of the Omnibus Pub-
lic Lands Management Act (16 U.S.C. 1015a) is amend-
ed— 
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5266 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) ESTABLISHMENT OF APPLICATION PROCESS; CRI-
TERIA.—Not later than September 30, 2021, the Secretary 
shall update— 
‘‘(1) the application process for the program; 
and 
‘‘(2) in consultation with the States, the 
prioritization and eligibility criteria for considering 
applications submitted in accordance with the appli-
cation process.’’; and 
(2) in subsection (g), by striking ‘‘2020’’ and in-
serting ‘‘2026’’. 
SEC. 1108. MODIFICATION OF JACKSON GULCH REHABILI-
TATION PROJECT, COLORADO. 
Section 9105(b) of the Omnibus Public Land Manage-
ment Act of 2009 (Public Law 111–11; 123 Stat. 1303) is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘requirement’’ and inserting 
‘‘and cost-sharing requirements’’; and 
(B) by inserting ‘‘, which shall be not more 
than 65 percent of that total cost’’ before the pe-
riod at the end; 
(2) in paragraph (3)— 
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