ment of the Navajo-Gallup Water Supply 
Project Amendments Act of 2022; and 
‘‘(ii) right or claim of the Nation to 
any land or interest in land in existence on 
the day before the date of enactment of the 
Navajo-Gallup 
Water 
Supply 
Project 
Amendments Act of 2022.’’; 
(4) in subsection (d)(1)(D), by striking ‘‘Draft’’ 
and inserting ‘‘Final Environmental’’; 
(5) in subsection (e)— 
(A) by striking ‘‘The Secretary’’ and in-
serting the following: 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(B) by adding at the end the following: 
‘‘(2) 
RENEWABLE
ENERGY
AND
HYDRO-
ELECTRIC POWER.— 
‘‘(A) RENEWABLE ENERGY.—For any por-
tion of the Project that does not have access to 
Colorado River Storage Project power, the Sec-
retary may use not more than $6,250,000 of 
the amounts made available under section 
10609(a)(1) to develop renewable energy. 
‘‘(B) HYDROELECTRIC POWER.—Notwith-
standing whether a Project facility has access 
to Colorado River Storage Project power, the 
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Secretary may use not more than $1,250,000 of 
the $6,250,000 authorized to be used to develop 
renewable energy under subparagraph (A) to 
develop hydroelectric power for any Project fa-
cility that can use hydraulic head to produce 
electricity.’’; 
(6) in subsection (h)(1), in the matter pre-
ceding subparagraph (A), by inserting ‘‘, store,’’ 
after ‘‘treat’’; and 
(7) by adding at the end the following: 
‘‘(i) DEFERRED CONSTRUCTION OF PROJECT FA-
CILITIES.— 
‘‘(1) DEFERRED
CONSTRUCTION
OF
PROJECT 
FACILITIES.—On mutual agreement between the Na-
tion and the Secretary, and the Jicarilla Apache Na-
tion if the deferred Project facilities benefit the 
Jicarilla Apache Nation, construction of selected 
Project facilities may be deferred to save operation 
and maintenance expenses associated with that con-
struction. 
‘‘(2) DEFERRED CONSTRUCTION FUND.— 
‘‘(A) ESTABLISHMENT.—There is estab-
lished in the Treasury a fund, to be known as 
the ‘Navajo Nation’s Navajo-Gallup Water Sup-
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ply Project Deferred Construction Fund’, to 
consist of— 
‘‘(i) amounts that correspond to por-
tions of the Project that have been de-
ferred under paragraph (1); and 
‘‘(ii) any interest or other gains on 
amounts referred to in clause (i). 
‘‘(B) USE OF THE DEFERRED CONSTRUC-
TION FUND.—The Nation may use amounts in 
the Deferred Construction Fund— 
‘‘(i) to construct Project facilities that 
have been deferred under paragraph (1); 
or 
‘‘(ii) to construct alternate facilities 
agreed on under subparagraph (C). 
‘‘(C) ALTERNATE FACILITIES CONSISTENT 
WITH
THE
PURPOSE
OF
THE
PROJECT.—On 
agreement between the Nation and the Sec-
retary, and the Jicarilla Apache Nation if the 
deferred Project facilities benefit the Jicarilla 
Apache Nation, and in compliance with all ap-
plicable environmental and cultural resource 
protection laws, facilities other than those pre-
viously agreed to be deferred under paragraph 
(1) may be constructed if those alternate facili-
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ties are consistent with the purposes of the 
Project described in section 10601. 
‘‘(3) AMOUNTS TO BE DEPOSITED.—Funds allo-
cated from the amounts made available under sec-
tion 10609(a)(1) to build facilities referred to in 
paragraph (1) shall be deposited into the Deferred 
Construction Fund. 
‘‘(4) ADJUSTMENTS.—On deposit of amounts 
into the Deferred Construction Fund under para-
graph (3), the adjustments to authorized appropria-
tions under section 10609(a)(2) shall no longer 
apply to those amounts. 
‘‘(5) DEADLINE TO CONSTRUCT PROJECT FA-
CILITIES.—On deposit of all amounts into the De-
ferred Construction Fund for construction of Project 
facilities agreed on under paragraph (1), the Sec-
retary shall be deemed to have met the obligation 
under section 10701(e)(1)(A)(ix). 
‘‘(6) FUTURE CONSTRUCTION OF PROJECT FA-
CILITIES.—On agreement between the Nation and 
the Secretary, and the Jicarilla Apache Nation if the 
deferred Project facilities benefit the Jicarilla 
Apache Nation, the Nation shall use amounts depos-
ited into the Deferred Construction Fund to con-
struct— 
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‘‘(A) Project facilities deferred under para-
graph (1); or 
‘‘(B) alternate Project facilities described 
in paragraph (2)(C).’’. 
(b) DELIVERY AND USE OF NAVAJO-GALLUP WATER 
SUPPLY PROJECT WATER.—Section 10603(a)(3)(B) of 
the Northwestern New Mexico Rural Water Projects Act 
(Public Law 111–11; 123 Stat. 1383) is amended— 
(1) in clause (i), by inserting ‘‘or, if generated 
on City-owned facilities, by the City’’ after ‘‘the Na-
tion’’; and 
(2) in clause (ii), by inserting ‘‘, except that the 
City shall retain all revenue from the sale of hydro-
electric power that is generated on City-owned facili-
ties’’ after ‘‘hydroelectric power’’. 
(c) PROJECT CONTRACTS.—Section 10604 of the 
Northwestern New Mexico Rural Water Projects Act 
(Public Law 111–11; 123 Stat. 1388) is amended— 
(1) in subsection (b)(3)— 
(A) in subparagraph (A), by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraphs 
(B) and (C)’’; 
(B) in subparagraph (B)— 
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(i) in the subparagraph heading, by 
striking ‘‘MINIMUM PERCENTAGE’’ and in-
serting ‘‘MAXIMUM PERCENTAGE’’; 
(ii) by striking ‘‘at least 25 percent’’ 
and inserting ‘‘not more than 25 percent’’; 
and 
(iii) by striking ‘‘, but shall in no 
event exceed 35 percent’’; and 
(C) by adding at the end the following: 
‘‘(C) 
MAXIMUM
REPAYMENT
OBLIGA-
TION.—The repayment obligation of the City 
referred to in subparagraphs (A) and (B) shall 
not exceed $76,000,000.’’; 
(2) in subsection (c)(1)(B), by inserting ‘‘sub-
section (f) and’’ before ‘‘section 10603(g)’’; 
(3) in subsection (d)(1), by striking ‘‘Draft’’ 
and inserting ‘‘Final Environmental’’; 
(4) in subsection (e), by striking ‘‘Draft’’ and 
inserting ‘‘Final Environmental’’; and 
(5) in subsection (f)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (5) as subparagraphs (A) through (E), 
respectively, and indenting appropriately; 
(B) by inserting before subparagraph (A) 
(as so designated) the following: 
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‘‘(1) NAVAJO NATION.—’’; 
(C) in paragraph (1) (as so designated)— 
(i) in subparagraph (A) (as so redes-
ignated), by striking ‘‘may waive’’ and all 
that follows through the period at the end 
and inserting ‘‘shall waive, for a period of 
15 years, the operation, maintenance, and 
replacement costs allocable to the Na-
tion.’’; 
(ii) in subparagraph (B) (as so redes-
ignated)— 
(I) by striking ‘‘paragraph (1)’’ 
and inserting ‘‘subparagraph (A) ex-
pires’’; 
(II) by striking ‘‘allocated’’; and 
(III) by inserting ‘‘that are allo-
cated to the Nation’’ after ‘‘Project’’; 
(iii) in subparagraph (C) (as so redes-
ignated), by striking ‘‘paragraph (1)’’ and 
inserting ‘‘subparagraph (A)’’; 
(iv) by striking subparagraph (D) (as 
so redesignated) and inserting the fol-
lowing: 
‘‘(D) 
ANTIDEFICIENCY.—The 
Secretary 
shall not be liable for any failure to carry out 
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any obligation or activity authorized by this 
subsection if adequate appropriations are not 
provided expressly by an Act of Congress to 
carry out the purposes of this subsection.’’; and 
(v) by striking subparagraph (E) (as 
so redesignated) and inserting the fol-
lowing: 
‘‘(E) TERMINATION
OF
WAIVER.—The 
waiver authorized under subparagraph (A) shall 
terminate with respect to a section of the 
Project on the earlier of— 
‘‘(i) the date on which that section of 
the Project is transferred to the Nation 
under section 10602(f); and 
‘‘(ii) the date on which the waiver 
granted by the Secretary under that sub-
paragraph has been in place for 15 
years.’’; and 
(D) by adding at the end the following: 
‘‘(2) JICARILLA APACHE NATION.— 
‘‘(A) IN GENERAL.—On the date on which 
the Secretary declares a section of the Project 
to be substantially complete and delivery of 
water generated by and through that section of 
the Project can be made to the Jicarilla Apache 
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Nation, the Secretary shall waive, for a period 
of 10 years, the operation, maintenance, and re-
placement costs allocable to the Jicarilla 
Apache Nation. 
‘‘(B) 
SUBSEQUENT
PAYMENT
BY 
JICARILLA
APACHE
NATION.—After a waiver 
under subparagraph (A) expires, the Jicarilla 
Apache Nation shall pay all operation, mainte-
nance, and replacement costs of that section of 
the Project that are allocated to the Jicarilla 
Apache Nation. 
‘‘(C) PAYMENT BY UNITED STATES.—Any 
operation, maintenance, or replacement costs 
waived by the Secretary under subparagraph 
(A) shall be paid by the United States and shall 
be nonreimbursable. 
‘‘(D) 
ANTIDEFICIENCY.—The 
Secretary 
shall not be liable for any failure to carry out 
any obligation or activity authorized by this 
subsection if adequate appropriations are not 
provided expressly by an Act of Congress to 
carry out the purposes of this subsection. 
‘‘(3) CITY OF GALLUP.— 
‘‘(A) IN GENERAL.—On the date on which 
the Secretary declares a section of the Project 
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to be substantially complete and delivery of 
water generated by and through that section of 
the Project can be made to the City, the Sec-
retary shall waive, for a period of 10 years, the 
operation, maintenance, and replacement costs 
allocable to the City. 
‘‘(B) SUBSEQUENT PAYMENT BY CITY OF 
GALLUP.—After a waiver under subparagraph 
(A) expires, the City shall pay all operation, 
maintenance, and replacement costs of that sec-
tion of the Project that are allocated to the 
City. 
‘‘(C) PAYMENT BY UNITED STATES.—Any 
operation, maintenance, or replacement costs 
waived by the Secretary under subparagraph 
(A) shall be paid by the United States and shall 
be nonreimbursable. 
‘‘(D) 
ANTIDEFICIENCY.—The 
Secretary 
shall not be liable for any failure to carry out 
any obligation or activity authorized by this 
subsection if adequate appropriations are not 
provided expressly by an Act of Congress to 
carry out the purposes of this subsection.’’. 
(d) 
AUTHORIZATION
OF
CONJUNCTIVE
USE 
WELLS.—Section 10606 of the Northwestern New Mexico 
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Rural Water Projects Act (Public Law 111–11; 123 Stat. 
1392) is amended by adding at the end the following: 
‘‘(i) WELLS SERVING THE CITY OF GALLUP RE-
GIONAL WATER SYSTEM.— 
‘‘(1) IN GENERAL.—The Secretary shall enter 
into a financial assistance agreement with the City 
to provide funding, using amounts made available 
under section 10609(b)(3), for the construction or 
rehabilitation of wells and related pipeline facilities 
to provide capacity for the diversion and distribution 
by the City of not more than 1,500 acre feet of 
groundwater per year. 
‘‘(2) WATER RIGHTS.—The water rights associ-
ated with any wells constructed or rehabilitated 
under paragraph (1)— 
‘‘(A) shall not be considered to be part of 
the Agreement; and 
‘‘(B) shall be considered to be already ex-
isting water rights permitted by the New Mex-
ico State Engineer to the City for municipal 
and domestic uses. 
‘‘(3) TITLE TO WELLS.—Title to the wells and 
related pipeline facilities constructed or rehabilitated 
in accordance with paragraph (1) shall remain with 
the City at all times. 
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‘‘(4) ASSOCIATED COSTS.—All operation, main-
tenance, and replacement costs associated with wells 
and related pipeline facilities constructed or rehabili-
tated in accordance with paragraph (1) shall be the 
responsibility of the City.’’. 
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 
10609 of the Northwestern New Mexico Rural Water 
Projects Act (Public Law 111–11; 123 Stat. 1395) is 
amended— 
(1) in subsection (a)— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$870,000,000 for the period of fiscal years 
2009 
through 
2024’’ 
and 
inserting 
‘‘$1,923,200,000 for the period of fiscal years 
2009 through 2029’’; 
(B) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) ADJUSTMENTS.— 
‘‘(A) IN
GENERAL.—The amount under 
paragraph (1) shall be adjusted by such 
amounts as may be required— 
‘‘(i) by reason of changes since Octo-
ber 2020 in construction cost changes in 
applicable regulatory standards, as indi-
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