‘‘(A) repayment of that increment’s pro
rata share of those allocable construction costs
for the Dolores Project shall be due from the
Tribe; and
‘‘(B) the Tribe shall be responsible for
bearing that increment’s pro rata share of the
allocable annual operation, maintenance, and
replacement costs referred to in paragraph
(6).’’.
SEC. 4. MISCELLANEOUS.
The Colorado Ute Indian Water Rights Settlement
Act of 1988 (Public Law 100–585) is amended by adding
at the end the following:
‘‘SEC. 14. NEW MEXICO AND NAVAJO NATION WATER MAT-
TERS.
‘‘(a) ASSIGNMENT OF WATER PERMIT.—Upon re-
quest of the State Engineer of the State of New Mexico,
the Secretary shall in a manner, consistent with the appli-
cable State law, assign, without consideration, to the New
Mexico Animas-La Plata Project beneficiaries or the New
Mexico Interstate Stream Commission any portion of the
Department of the Interior’s interest in New Mexico Engi-
neer Permit Number 2883, dated May 1, 1956, in order
to fulfill the New Mexico purposes of the Animas-La Plata
Project, provided that the permit assignment shall not af-
fect the application of the Endangered Species Act of
1973 to the use of the water.
‘‘(b) NAVAJO NATION MUNICIPAL PIPELINE.—The
Secretary is authorized to construct a water line to aug-
ment the existing system that conveys municipal water
supplies in an amount not less than 4680 acre feet per
year of the Navajo Nation to the Navajo Indian Reserva-
tion at Shiprock, New Mexico. The Secretary shall comply
with all applicable environmental laws with respect to the
water line. Construction costs allocated to the Navajo Na-
tion for the water line shall not be reimbursable to the
United States.
‘‘(c) PROTECTION
OF NAVAJO WATER CLAIMS.—
Nothing in this Act shall be construed to quantify or oth-
erwise adversely affect the water rights and the claims of
entitlement to water of the Navajo Nation.
‘‘SEC. 15. TRIBAL RESOURCE FUNDS.
‘‘(a) ESTABLISHMENT.—There is hereby authorized
to be appropriated the total amount of $40,000,000 for
2 equal annual installment payments to the Tribal Re-
source Funds which the Secretary is authorized and di-
rected to establish for each Tribe. Subject to appropria-
tion, and within 60 days of availability of the appropria-
tion to the Secretary, the Secretary shall allocate and
make payment to the Tribal Resource Funds during the
same fiscal years as funds are paid under section 16 of
this Act—
‘‘(1) To the Southern Ute Tribal Resource
Fund, in the first year $10,000,000; in the suc-
ceeding year, $10,000,000.
‘‘(2) To the Ute Mountain Ute Tribal Resource
Fund, in the first year $10,000,000; in the suc-
ceeding year, $10,000,000.
‘‘(b) ADJUSTMENT.—To the extent that any portion
of such amount is contributed after the period described
above or in amounts less than described above, the Tribes
shall, subject to appropriation Acts, receive, in addition
to the full contribution to the Tribal Resource Funds, an
adjustment representing the interest income as deter-
mined by the Secretary in his sole discretion that would
have been earned on any unpaid amount had that amount
been placed in the fund as set forth in subsection (a).
‘‘(c) TRIBAL DEVELOPMENT.—(1) The Secretary
shall, in the absence of an approved tribal investment plan
provided for in paragraph (2), invest the moneys in each
Tribal Resource Fund in accordance with the Act entitled,
‘An Act to authorize the deposit and investment of Indian
funds’ approved June 24, 1938 (25 U.S.C. 162a). Sepa-
rate accounts shall be maintained for each Tribe’s develop-
ment fund. The Secretary shall disburse, at the request
of a Tribe, the principal and income in its resource fund,
or any part thereof, in accordance with a resource acquisi-
tion and enhancement plan approved under paragraph (3).
‘‘(2) Each Tribe may submit a tribal investment plan
for all or part of its Tribal Resource Fund as an alter-
native to the investment provided for in paragraph (1).
The Secretary shall approve such investment plan within
60 days of its submission if the Secretary finds the plan
to be reasonable and sound. If the Secretary does not ap-
prove such investment plan, the Secretary shall set forth
in writing and with particularity the reasons for such dis-
approval. If such investment plan is approved by the Sec-
retary, the Tribal Resource Fund shall be disbursed to the
Tribe to be invested by the Tribe in accordance with the
approved investment plan. The Secretary may take such
steps as he deems necessary to monitor compliance with
the approved investment plan. The United States shall not
be responsible for the review, approval, or audit of any
individual investment under the plan. The United States
shall not be directly or indirectly liable with respect to any
such investment, including any act or omission of the
Tribe in managing or investing such funds. The principal
and income from tribal investments under an approved in-
vestment plan shall be subject to the provisions of this
section and shall be expended in accordance with an eco-
nomic development plan approved under paragraph (3).
‘‘(3) Each Tribe shall submit a resource acquisition
and enhancement plan for all or any portion of its Tribal
Resource Fund to the Secretary. The Secretary shall ap-
prove such investment plan within 60 days of its submis-
sion if the Secretary finds that it is reasonably related to
the protection, acquisition, enhancement, or development
of natural resources for the benefit of the Tribe and its
members. If the Secretary does not approve such plan, the
Secretary shall, at the time of decision, set forth in writing
and with particularity the reasons for such disapproval.
Each Tribe may alter the resource acquisition and en-
hancement plan, subject to the approval of the Secretary
as set forth in this subsection. The Secretary shall not
be directly or indirectly liable for any claim or cause of
action arising from the approval of a resource, acquisition
and enhancement plan or from the use and expenditure
by the Tribe of the principal of the funds and income ac-
cruing to the funds, or any portion thereof, following the
approval by the Secretary of a resource, acquisition and
enhancement plan.
‘‘(d) PER CAPITA DISTRIBUTIONS.—Under no cir-
cumstances shall any part of the principal of the funds,
or of the income accruing to such funds, or the revenue
from any water use contract, be distributed to any member
of either Tribe on a per capita basis.
‘‘(e) LIMITATION ON SETTING ASIDE FINAL CON-
SENT DECREE.—Neither the Tribes nor the United States
shall have the right to set aside the final consent decree
solely because subsection (c) is not satisfied or imple-
mented.
‘‘SEC. 16. COLORADO UTE SETTLEMENT FUND.
‘‘(a) ESTABLISHMENT OF FUND.—There is hereby
established within the Treasury of the United States the
‘Colorado Ute Settlement Fund.’
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to the Colorado Ute Set-
tlement Fund such funds as are necessary to complete
construction of the facilities described in subsection
6(a)(1)(A).
‘‘SEC. 17. FINAL SETTLEMENT.
‘‘(a) IN GENERAL.—The construction of the facilities
described in section 6(a)(1)(A), the allocation of the water
supply from those facilities to the Tribes as described in
that section, and the provision of funds to the Tribes in
accordance with sections 15 and 16 shall constitute final
settlement of the tribal claims to water rights on the
Animas and La Plata Rivers in the State of Colorado.
‘‘(b) STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to affect the right of the Tribes
to water rights on the streams and rivers described in the
Agreement, other than the Animas and La Plata Rivers,
or to acquire water rights under the laws of the State of
Colorado.
‘‘(c) ACTION BY THE ATTORNEY GENERAL.—The At-
torney General of the United States shall file with the Dis-
trict Court, Water Division Number 7, of the State of Col-
orado, such instruments as may be necessary to request
the court to amend the final consent decree to provide for
the provisions of this Act as in effect after the date of
the enactment of the Colorado Ute Settlement Act Amend-
ments of 1999.
‘‘SEC. 18. TREATMENT OF CERTAIN FUNDS.
‘‘The uncommitted portion of the cost-sharing obliga-
tion of the State of Colorado referred to in section 6(a)(3)
shall be made available to the State of Colorado after the
date of payment of the amount specified in that section
upon the request of the State of Colorado.’’.
SEC. 5. STATUTORY CONSTRUCTION.
Unless otherwise explicitly provided, nothing in this
Act shall affect the applicability of any provision of the
Colorado Ute Indian Water Rights Settlement Act of 1988
(Public Law 100–585) other than those provisions amend-
ed by this Act.
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